Township of Lower Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
[Ordinance 284, passed May 20, 1991, entitled the "Municipal Waste Flow Ordinance," authorized the Township to direct the flow of all acceptable waste generated within its jurisdiction to the Northern County System. Copies of such ordinance may be obtained, at cost, from the Township Secretary.]
STATUTORY REFERENCES
Ashes, garbage, rubbish and other refuse materials — See 53 P.S. § 67101.
Scattering rubbish — See 18 Pa. C.S.A. § 6501.
GENERAL REFERENCES
Solid waste haulers — See Ch. 208, Section 208.01(d) and Ch. 856.
Fee for removal — See Ch. 208, Section 208.02(c).
Littering — See Ch. 660, Section 660.09.
Deposits by peddlers and canvassers — See Ch. 850, Section 850.08.
Storage of solid waste — See Ch. 1268, Section 1268.08(e); Ch. 1272, Section 1272.08(e); Ch. 1274, Section 1274.08(e); Ch. 1276, Section 1276.08(e); and Ch. 1278, Section 1278.08(e).

§ 1082.01 Short title.

[Ord. 222. Passed 11-21-1985]
This chapter shall be known as the "Township Solid Waste Management Ordinance."

§ 1082.02 Definitions.

[Ord. 222. Passed 11-21-1985]
As used in this chapter:
(a) 
"Act" means the Solid Waste Management Act, Act of July 7, 1980, 380, No. 97, as amended, 35 P.S. Sees. 6018.101 et seq.
(b) 
"Bulky waste" means large items of refuse including, but not limited to, appliances, furniture, large auto parts, trees, branches and stumps which cannot be handled by normal solid waste processing, collection or disposal methods.
(c) 
"Collector" means any person collecting or transporting Municipal waste for owners or occupants of property in the Municipality, including the Municipality itself, if it undertakes the collection of Municipal waste, and any business or institution within the Municipality which generates sufficient Municipal waste to require disposal directly by its employees and equipment. "Collector" does not include individuals who collect Municipal waste for the purpose of recycling the same and re-using the waste, or the collection of bulky waste.
(d) 
"Contractor" means the contractor with whom the Municipality or its designee contracts for the disposal of Municipal waste.
(e) 
"Disposal" means incineration, disposition, injection, dumping, spilling, leaking or placing waste into or on the land or water in such a manner that the waste or a constituent of the waste enters the environment, is emitted into the air or is discharged into the waters of the Municipality.
(f) 
"Facility" means the site where Municipal waste is disposed of, as designated by the Municipality or by the proposed contractor, including all associated property and equipment.
(g) 
"Garbage" means the animal or vegetable refuse from the storage, vending, sale, preparation or use of foodstuffs, such as meats, fish, fruits or vegetables or other domestic refuse.
(h) 
"Hazardous waste" means any garbage, refuse or sludge from an industrial or other waste treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from Municipal, commercial, industrial, institutional, mining or agricultural operations from community activities or any combination of the above, but not including solid or dissolved materials, domestic sewage or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (86 Stat. 880), as amended, or source special nuclear or by-product material as defined by the U.S. Atomic Energy Act of 1954 (68 Stat. 923), as amended, which because of its economy, concentration or physical, chemical or infectious characteristics may:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(i) 
"Industrial establishment" means any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses. "Institutional establishment" means any establishment engaged in servicing, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
(j) 
"Management" means the entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid waste by any person engaging in such process.
(1) 
"Municipal waste" means any garbage, refuse, industrial lunch room or office waste or other material, including solid, liquid, semisolid or contained gaseous material resulting from operations of residential, Municipal, commercial or institutional establishments and from community activities and including any sludge not meeting the definition of "residual waste" or "hazardous waste" under this section for Municipal, commercial or institutional water supply treatment plants, wastewater treatment plants or air pollution control facilities.
(k) 
"Permit" means the issuance to any collector for the, right to manage Municipal waste within the Municipality.
(l) 
"Permittee" means anyone issued a permit by the Municipality under this chapter.
(m) 
"Person" means any individual, partnership, corporation, association, institution, cooperative enterprise, the Federal government or any agency thereof, State institution agencies (including, but not limited to, the Department of General Services and State Public School Buildings Authority) or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. For any provision of this chapter prescribing a fine, imprisonment or penalty, or any combination thereof, "person" includes the officers and directors of any corporation or of any other legal entity that has officers and directors.
(n) 
"Processing" means any technology used for the purpose of reducing the volume or bulk of waste or converting or separating waste for off-site re-use. Processing facilities include, but are not limited to, transfer, composting and resource recovery facilities.
(o) 
"Refuse" means all material which is discarded as useless.
(p) 
"Residual waste" means any garbage or other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial or agricultural operations and including any sludge from any industrial or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous waste.
(q) 
"Sanitary landfill" means a land site on which engineering principles are utilized to bury deposits of solid waste without creating public health or safety hazards, nuisances, pollution or environmental degradation.
(r) 
"Solid waste" means any waste, including, but not limited to, Municipal, residual or hazardous waste, and including solid, liquid, semisolid or contained gaseous materials.

§ 1082.03 Adoption of rules and regulations.

[Ord. 222. Passed 11-21-1985]
Title 25 of the Pennsylvania Code, known as the Rules and Regulations of the Department of Environmental Resources, Subpart C, entitled Protection of Natural Resources, Article I, Land Resources, Chapter 75, Solid Waste Management Rules and Regulations, adopted August 1, 1971, and all amendments thereto, are hereby adopted as the controlling rules and regulations regarding all Municipal solid waste activities within the Municipality. In the event of a conflict between such Rules and Regulations and any of the provisions of this chapter, the Rules and Regulations shall take precedence.

§ 1082.04 Application to municipality.

[Ord. 222. Passed 11-21-1985]
Nothing in this chapter shall prohibit the Municipality from becoming a collector for the purpose of this chapter.

§ 1082.05 Collection permits.

[Ord. 222. Passed 11-21-1985]
(a) 
No person shall act as a collector in the Municipality without first obtaining a permit therefor from the Municipality. The fee for such permit shall be established, from time to time, by the Board of Supervisors.
(b) 
The Municipality shall issue duplicate permits for each vehicle named on the permit application. Permits shall be valid from February 1 to January 31 of each calendar year or the remaining portion of the year until the following January 31. Each permit shall be permanently affixed to both sides of the cab of each vehicle, in full view. Any permit which is excessively maimed, defaced or otherwise rendered unidentifiable shall be declared void, in which case a new permit must be applied for.
(c) 
No permittee shall transfer, assign or in any way alter a permit, except with the written approval of the Municipality.

§ 1082.06 Regulation of collectors.

[Ord. 222. Passed 11-21-1985]
(a) 
Pursuant to the authority vested by Section 202 of the Pennsylvania Solid Waste Management Act of 1980, Act 97, any person collecting municipal waste in the Municipality from any residential, commercial or industrial generator thereof shall annually, on or before January 30, submit information to the Municipality listing the type of waste collected, the quantity and manner of transportation thereof and the manner, location and ultimate disposal thereof, including, but not limited to, any processing, transfer or temporary storage thereof, in the interim. Such information shall be supplied for the prior calendar year, and there shall also be an estimate of the same information for the current calendar year. The collector shall notify the Municipality, in writing, of any change of disposal site or type of waste within ten days of the change. Submission of such information shall be upon a form established by regulations adopted by a resolution of the Municipality. No person may engage in collection of Municipal waste in the Municipality without providing all such information as required.
(b) 
A collector shall be responsible for receiving Municipal waste from properties in the Municipality pursuant to contracts between him or her and the owners or occupants of the properties. All collectors shall dispose of all Municipal waste at the facility designated by the Municipality in compliance with such reasonable rules and regulations for operation of the facility as may be established by the facility. Disposal at any other place shall be a violation of this chapter and cause for revocation of the collector's permit, except in special circumstances approved in advance by the facility. Such approval must be for disposal at an approved facility in accordance with the rules and regulations of the Department of Environmental Resources. The operations of all collectors shall comply with regulations of the Municipality and with all applicable laws. Violation of such regulations or laws shall be cause for the revocation of the collector's permit upon such notice as the Municipality may determine to be reasonable.
(c) 
Before any permit is granted, an applicant shall produce a certificate of insurance showing that the insurance provided for in this subsection is carried in the specified amounts and has been obtained from a reputable company, satisfactory to the Municipality, or shall file a self-insurance certificate as issued by the Department of Labor and Industry and the Department of Revenue of the Commonwealth. Such certificates shall specify that the contractual liability required under this chapter is covered and that the coverage will not be cancelled or changed without thirty days prior notice to the Municipality. The following insurance shall be carried and maintained by collectors:
(1) 
Worker's compensation insurance for all employees;
(2) 
Automobile liability insurance in the amount of one million dollars ($1,000,000), combined single limit bodily injury and property damage; and
(3) 
General liability insurance in the amount of one million dollars ($1,000,000) bodily injury and one million dollars ($1,000,000) property damage.
The applicant hereby agrees to indemnify and save harmless the Municipality against any and all liability, demands, actions or damages, claims, costs or expense which the Municipality may hereafter incur, suffer or be required to pay by reason of or arising out of any work done or action taken under either the application or the license.

§ 1082.07 Collection vehicles.

[Ord. 222. Passed 11-21-1985]
All vehicles used for collection and transportation of Municipal waste shall comply with all safety regulations of the Commonwealth. All vehicles used for collection of Municipal waste and garbage shall be equipped with a closed body and shall be watertight and approved by the Municipality. Open type vehicles may be used for bulky waste. Such vehicles shall not be overfilled so as to cause the waste to be spilled therefrom, shall be cleaned at such intervals as necessary to prevent a nuisance from odors and shall be kept in good repair and order. Any waste that may be spilled in transit in the course of collection shall be promptly and completely cleaned up by the collector.

§ 1082.08 Identification of vehicles.

[Ord. 222. Passed 11-21-1985]
The collector's name and address as well as the tare weight of the collection vehicle shall be painted on both sides of the vehicle in letters not less than three inches high. Where rolloffs are used, the tare weight of both the truck and the container shall appear on the truck and the rolloff container.

§ 1082.09 Times of collection; placement of containers.

[Ord. 222. Passed 11-21-1985]
Municipal waste shall be collected at least once a week as the contractual arrangement between the homeowner, householder or lessee and the collector may provide. Times of collection shall be set by resolution. Municipal waste containers shall, for the purpose of collection, be placed at ground level and shall be readily accessible to the collector.

§ 1082.10 Garbage preparation and storage practices.

[Ord. 222. Passed 11-21-1985]
The following standards shall be adhered to in the preparation or storage of garbage:
(a) 
Preparation. Not more water shall be permitted in garbage than has naturally accumulated from table refuse.
(b) 
Storage.
(1) 
The occupants of dwellings, apartments or other residential units and the owners or lessees of other places where garbage or refuse is produced shall provide and maintain containers, as specified in paragraphs (b)(3) and (4) hereof, for the storage of all garbage accumulated on the premises. A sufficient number of such containers shall be maintained for each premises of an aggregate capacity as is sufficient for normal needs between the intervals of collection.
(2) 
The Municipality may by resolution make additional rules and regulations concerning garbage preparation and storage practices.
(3) 
Containers shall be made of non-water absorbent material and shall be equipped with lids of nonabsorbent material. Such containers shall be watertight and prevent the entry of flies, and shall be kept in good repair at all times.
(4) 
No person shall permit the accumulation of residue of liquids or solids or accommodation of such materials on the bottom or sides of garbage containers. The interior of containers shall be kept clean by thoroughly rinsing and draining as often as necessary.
(5) 
No person shall accumulate garbage longer than seven days. No person shall place garbage at a curbside or pick-up point sooner than twenty-four hours before the scheduled collection time.
(6) 
No person shall deposit or permit the deposit of garbage on the ground, on the public streets or alleys or in any body of water in the Municipality.

§ 1082.11 Geographical restrictions; cooperating municipalities.

[Ord. 222. Passed 11-21-1985]
No person shall be permitted to submit for treatment any Municipal waste at the designated plant or treatment site from any vehicle regardless of whether a permit has been issued for such vehicle, unless such waste has been collected from within the boundaries of the Municiplity or a municipality cooperating with the Municipality in the North Penn Area Solid Waste Inter-Govemmental Cooperation Agreement for the purpose of disposal of waste. The Municipal waste must then be brought to the designated facility in the vehicle in which it was originally collected.

§ 1082.12 Removal of contagious refuse.

[Ord. 222. Passed 11-21-1985]
The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed should be performed under the supervision and direction of the County Health Officer. No person shall place such refuse in containers for regular collections.

§ 1082.13 Private dumps and landfills.

[Ord. 222. Passed 11-21-1985]
No person shall use or permit to be used any property owned or occupied by him or her within the Municipality as a public or private dump or landfill for Municipal waste, whether generated within the Municipality or elsewhere.

§ 1082.14 Removal of rubbish by Township.

[Ord. 207. Passed 7-17-1984]
(a) 
Purpose. The purpose of this section is to provide for the removal of items of rubbish not currently being removed by private trash collection services serving the residents of the Township.
(b) 
Definitions. As used in this section, unless otherwise expressly stated:
(1) 
"Rubbish" means any item of trash, rubbish or other refuse material not currently being removed by private trash collection services serving the residents of the Township, including mattresses, appliances, furniture, air conditioners and bundled fencing.
(2) 
"Rubbish truckload" means items of rubbish or collections of rubbish the outside dimensions of which do not exceed measurements of five and one-half feet in length, three feet in width and eight feet in height.
(c) 
Removal. The Township may remove rubbish belonging to Township residents. However, the Township reserves the right to refrain from removing any item of rubbish which, at the discretion of the Township employees charged with such removal, is unwieldy or unreasonably heavy or burdensome. Anything herein to the contrary notwithstanding, the Township shall have no duty to remove tires, leaves, grass, brush, tree limbs, plaster, concrete, bricks, stones, paving, glass or any kind of construction materials.
(d) 
Fee. Any Township resident who requests the Township to remove rubbish shall pay to the Township, in advance, a fee as set forth in Section 208.02(c).

§ 1082.15 Future rules and regulations.

[Ord. 222. Passed 11-21-1985]
The collection of Municipal waste in the Municipality shall be subject to such further rules and regulations as are passed by resolution from time to time and promulgated by the Board of Supervisors, including, but not limited to, regulations of the permit, permit fee and permit application. However, no such rules or regulations shall be contrary to this chapter or other applicable law.

§ 1082.16 Abatement of nuisances.

[Ord. 222. Passed 11-21-1985]
In addition to the penalty provided for in Section 1082.99, any continued violation of any of the provisions of this chapter which constitutes a nuisance in fact or which, in the opinion of the Board of Trustees, constitutes a nuisance may be abated by a proceeding against the violation in a court of equity or by seeking other relief available to the Municipality, whether in equity or at law.

§ 1082.99 Penalty. [1]

[1]
Editor's Note: See Section 1020.99 for general Code penalty if no specific penalty is provided.