Township of Lower Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
 
GENERAL REFERENCES
Solid waste management — See Ch. 1082.
Recyclable materials management — See Ch. 1084.

§ 1086.01 Short title.

[Ord. 346. Passed 7-14-1997]
This chapter shall be known and may be cited as the "Lower Gwynedd Township-Designated Trash Hauler Ordinance."

§ 1086.02 Authority.

[Ord. 346. Passed 7-14-1997]
This chapter is enacted pursuant to the Solid Waste Management Act, P.L. 380, No. 97, July 7, 1980;[1] the Municipal Waste Planning, Recycling and Waste Reduction Act, No. 101, July 28, 1988;[2] and the Second Class Township Code.[3]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: See 53 P.S. § 65101 et seq.

§ 1086.03 Purpose and goals.

[Ord. 346. Passed 7-14-1997]
(a) 
To utilize the best capabilities of public and private enterprise in accomplishing the desired objectives of an effective, comprehensive, solid waste management and recycling program.
(b) 
To ensure that all municipal waste accumulated or stored upon any residential property within Lower Gwynedd Township shall be collected and removed by a responsible hauler who shall hold a duly issued permit from Lower Gwynedd Township.
(c) 
To establish by contract and ordinance a Township-designated municipal waste hauler for residential units within the Township for the purpose of attempting to achieve economies of scale, lower trash collection service cost for Township residents; a reduction in the number of trash collection vehicles required to utilize the roads within the Township for trash collection and transportation purposes; to improve the communication, recordkeeping and exchange of information between the Township and the hauler or haulers collecting municipal waste within the Township; and to facilitate adherence to and the enforcement of Chapter 1082, Solid Waste Management, and Chapter 1084, Recyclable Materials Management.

§ 1086.04 Definitions.

[Ord. 346. Passed 7-14-1997]
(a) 
As used in this chapter, the following terms shall have the meanings indicated:
(1) 
Authorized Collector. "Authorized collector" shall mean any person or business entity issued a permit by the Township under the Township Solid Waste Management Ordinance (Chapter 1082) or anyone registered with the Township to engage in the municipal waste collection business under the Municipal Waste Collection and Recycling Ordinance. (Chapter 1084).[1]
[1]
Editor's Note: The former definition of "private hauler" was repealed 8-21-2007 by Ord. No. 451.
(2) 
Residential Unit. "Residential unit" shall mean a property primarily utilized for residential purposes and containing a dwelling, including buildings having up to four dwelling units in one building. When a building shall contain more than one dwelling unit, each dwelling unit shall constitute a residential unit within the meaning of this chapter. If a dwelling unit is occupied by persons other than the owner of the property, the persons occupying such dwelling unit and generating municipal waste requiring disposal, shall constitute the residential unit within the meaning of this chapter.
(3) 
Township-Designated Hauler. "Township-Designated Hauler" shall mean authorized collector with whom the Township has contracted for the collection, transportation and proper disposal of municipal waste and recyclables from such residential units as exist within the Township.
[Amended 8-21-2007 by Ord. No. 451]
(b) 
All other definitions shall be as set forth in the Solid Waste Management Act; the Municipal Waste Planning, Recycling and Waste Reduction Act; the Second Class Township Code; the Lower Gwynedd Township Solid Waste Management Ordinance (Chapter 1082) and the Lower Gwynedd Township Municipal Waste Collection and Recycling Ordinance (Chapter 1084).

§ 1086.05 Township-designated hauler.

[Ord. 346. Passed 7-14-1997]
Pursuant to a request for bids and a contract between the Township and the low bidder under such request for bids, the Township hereby names Waste Management of Indian Valley as the Township-designated hauler within the meaning of this chapter. The Board of Supervisors of the Township shall be empowered, from time to time, to name other persons or business entities as the Township-designated hauler upon the execution of contracts for similar municipal waste collection, transportation and disposal services in the future.

§ 1086.06 Collection by the Township-designated hauler.

[Ord. 346. Passed 7-14-1997]
(a) 
All municipal waste, bulk items, white goods, freon-containing appliances, leaf waste, grass clippings and recyclable materials from residential units in Lower Gwynedd Township shall be collected, transported and properly disposed of by the Township-designated hauler.
[Amended 8-21-2007 by Ord. No. 451]
(b) 
In providing such collection, transportation and disposal services to residential units within Lower Gwynedd Township, the Township-designated hauler shall be bound by all applicable federal, state and county laws, Township ordinances and the written contract between the Township and the Township-designated hauler.

§ 1086.07 through § 1086.08. (Reserved) [1]

[1]
Editor’s Note: Former § 1086.07, Exception – collection by private haulers, and former § 1086.08, Procedure to elect services by private hauler, both adopted 7-14-1997 by Ord. No. 346, were repealed 8-21-2007 by Ord. No. 451.

§ 1086.09 Fees.

[Ord. 346. Passed 7-14-1997]
(a) 
The fees charged by the Township-designated hauler for the collection, transportation, recycling and disposal of municipal waste, bulk items, white goods, freon-containing appliances, leaf waste, grass clippings and recyclable materials shall not exceed the rates set forth in the contract between the Township and the Township-designated hauler. Fees for individualized services above and beyond the services described in the contract between the Township and the Township-designated hauler shall be as mutually agreed upon between the Township-designated hauler and the residential unit desiring to receive such services.
(b) 
The fees charged by authorized collectors other than the Township-designated hauler for the collection, transportation, recycling and disposal of municipal waste, bulk items, white goods, freon-containing appliances, leaf waste, grass clippings and recyclable materials, as well as any other individualized services desired by a residential unit, shall not be affected by this chapter and shall be as mutually agreed upon between the authorized collector and the residential unit desiring such services.
(c) 
All fees properly charged by authorized collectors in the Township, including the Township-designated hauler, shall be billed directly from such authorized collectors (including the Township-designated hauler) to the residential units (or the authorized representative of a residential unit such as a homeowners' association) receiving such services. The Township shall have no obligation to assist authorized collectors (including the Township-designated hauler) in the collection of such fees.

§ 1086.10 Nonapplicability.

[Ord. 346. Passed 7-14-1997]
The provisions of this chapter shall have no application to buildings containing more than four residential units nor to commercial, industrial, institutional or municipal uses.

§ 1086.11 Violations and penalties.

Any person who violates any of the provisions of this chapter or any of the regulations adopted hereunder or any person who commits, takes part in or assists in any violation of this chapter, shall be liable to pay a civil penalty or judgment of not less than $50 nor more than $600 per violation after a civil proceeding. Each day on which a violation of this chapter continues shall constitute a separate and distinct violation for which a separate and distinct civil penalty or judgment may be obtained. In addition to such civil penalty or judgment, the Township shall be entitled to a reimbursement for all costs incurred, including reasonable attorneys' fees. The Township may also institute any appropriate action or proceeding, whether by legal process or otherwise, to prevent any illegal act, conduct or course of conduct which violates the provisions of this chapter.

§ 1086.12 Severability.

If any section, sentence, clause or phrase of this chapter shall be construed to be unconstitutional or invalid by any court of competent jurisdiction, the entire chapter shall not be deemed to have been invalidated, but rather it is stated to be the intent of the Lower Gwynedd Township Board of Supervisors that the remainder of this chapter would have been adopted without the inclusion of such unconstitutional or invalid section, sentence, clause or phrase.

§ 1086.13 When effective.

This chapter shall become effective five days after adoption.