GENERAL REFERENCES
Safety, sanitation and health — See Ch. 680.
[Ord. No. 208,
passed 6-14-1990]
This chapter shall be known as the "Upper Providence Garbage,
Rubbish and Refuse Collection Ordinance."
[Ord. No. 208,
passed 6-14-1990; Ord. No. 248, passed 7-8-1993]
As used in this chapter, except in those instances where the
context clearly indicates otherwise:
(a)
ASHES — Means the residue from the burning of wood, coal, coke
and other combustible materials. It shall not include the cinders
produced in steam generating plants.
(b)
BUILDING RUBBISH — Means refuse and debris resulting from the
repair, excavation, construction or demolition of buildings, such
as sand, concrete, earth, lumber, brick, steel, stone, mortar, plaster,
roofing materials and the like.
(c)
BULK WASTE — Means materials whose large size, weight or construction
inhibits or prevents their disposal by normal collection practices.
(d)
COLLECTOR — Means a qualified and responsible refuse collector
selected, after competitive bidding, and licensed by the Township
to provide rubbish, garbage, refuse and/or bulk waste collection services
in the Township.
(e)
COUNCIL — Means the Upper Providence Township Council.
(f)
DWELLING UNIT — Means any permanent structure or portion of
any permanent structure utilized as a residence by persons within
the Township.
(g)
GARBAGE — Means the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of foods. It shall
not include more than a minimum amount of free liquids. It shall not
include food-processing waste from canneries, packing plants or similar
industries, nor large quantities of condemned food products.
(h)
HAZARDOUS REFUSE — Means any material or substance identified
by Federal or State statutes or regulations as hazardous or toxic,
including "hazardous substances," as defined by the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C.
9601-9657 ("CERCLA"), as amended by the Superfund Amendments and Reauthorization
Act of 1986, Pub. L. No. 99-499,100 Stat. 1613 (October 17, 1986);
"regulated substances," within the meaning of Subtitle I of the Resource
Conservation and Recovery Act, 42 U.S.C. 6901, as amended by the Superfund
Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100
Stat. 1613 (October 17, 1986); and "hazardous wastes," as defined
pursuant to the Pennsylvania Solid Waste Management Act, 35 P.S. Section
6018.101 et seq., or any other substances which may be the subject
of liability pursuant to Section 316 or 401 of the Pennsylvania Clean
Streams Law, 35 P.S. Section 691.1 et seq.
(i)
OWNER — Means a legal owner of a residential building.
(j)
PERSON — Means any individual, firm, association, corporation,
company, partnership or authority.
(k)
REFUSE — Means garbage and rubbish as herein defined.
(l)
RESIDENT — Means a resident of a dwelling unit.
(m)
RESIDENTIAL BUILDING — Means any permanent structure in the
Township containing no more than three dwelling units.
(n)
RESIDENTIAL REFUSE — Means refuse collected from residential
buildings.
(o)
RUBBISH — Means all waste materials not included in the definition
of garbage, except building rubbish from building construction or
reconstruction, street refuse, industrial refuse, dead animals, abandoned
large machines or vehicles or such other waste materials as are not
commonly produced in homes, stores and institutions.
(p)
YARD WASTE — Means leaves, pine needles, branches, twigs, prunings,
weeds, grass clippings and other yard and garden waste.
[Ord. No. 208,
passed 6-14-1990]
(a)
The collection, conveyance and disposal of residential refuse in
the Township shall be arranged for by the Township.
(b)
The Township is authorized, by resolution, to enter into an agreement
or agreements with public or private agencies or firms to license
them to collect all or part of the residential refuse in the Township,
as provided herein. The Township is hereby authorized to enter into
a single agreement, if it deems doing so advisable, for the collection
of recyclables and solid waste by one single collector.
[Ord. No. 208,
passed 6-14-1990; Ord. No. 218, passed 9-13-1990; Ord. No. 248, passed 7-8-1993]
(a)
Compliance required. It shall be unlawful for any person to collect
and dispose of any refuse within the Township, except as provided
in this chapter.
(b)
Residential refuse. All residential refuse in the Township shall
be collected, conveyed and disposed of by the Township or by licensed
collectors with whom the Township has contracted for such purpose.
The cost of such service shall be paid for by the person owning the
residential building containing the dwelling or dwellings from which
the refuse has been accumulated.
(c)
Regulations of council. Council shall make regulations, by resolution,
concerning the days of collection, the type and location of refuse,
bulk waste and rubbish controls, and such other matters pertaining
to recycling, to the collection and disposal of refuse, and to the
charging of fees and expenses incident thereto.
(d)
Bulk waste collection. Council may, by resolution, provide bulk waste
collection to the residents of the Township (exclusive of nonresidential
units). The Township is authorized to enter into an agreement or agreements
with public or private agencies or firms to authorize them to collect
all or part of the bulk waste in the Township.
(1)
Items which are collectible. Bulk waste collection shall be
confined to items such as refrigerators, air conditioners, furniture,
playground equipment, box springs and mattresses, appliances and similar
property, with a maximum limit of 150 pounds. Any metal items over
30 pounds are considered bulk waste.
(2)
Preparation and prohibited materials. Loose materials must be
placed in containers. Building rubbish resulting from the repair,
excavation, construction or demolition of buildings shall not be collected
by the Township but must be removed by owners or contractors through
other means. Paper and other refuse is excluded from bulk waste collection.
(3)
Placement of bulk waste for collection. Items to be collected
must be placed at or near the curb, unless other provisions are made
with the collector. The collector shall not enter any building for
the purpose of making collections.
(4)
Generation of bulk waste. No person shall place or allow to
be placed, for bulk waste collection, any item of bulk waste not generated
in and by the occupants of the premises at which such item is placed
for collection.
(5)
White goods. Items which are classified as "white goods" containing
chlorofluorcarbon (CFC) refrigerants (e.g. freezers, refrigerators,
ice makers, air conditioners and dehumidifiers) must be disposed of
in accordance with the Clear Air Act Amendments of 1990, as amended,
which Act prohibits the release of freon gas into the atmosphere.
The collector may charge a resident disposing of such a product a
fee to recover the cost of compliance with the Act.
(e)
Nonresidential units. No nonresidential refuse, bulk waste or building
rubbish will be collected or disposed of by the Township or its designees.
The owners of such nonresidential properties shall be responsible
for the disposal of refuse from their premises. They shall provide
containers, such as dumpsters with closable lids, kept closed, except
when such containers are in the process of being filled. They shall
dispose of their own refuse in watertight vehicles provided with tight
covers and so operated as to prevent offensive odors escaping therefrom
and refuse being blown, dropped or spilled.
[Ord. No. 208,
passed 6-14-1990]
(a)
Preparation of refuse.
(1)
All garbage, being placed in containers for collectors, shall
have drained from it all free liquids and shall be wrapped in several
thicknesses of paper or sealed in a plastic bag.
(2)
Ashes from furnaces or outdoor incinerators must not be put
in paper bags or cardboard cartons nor included in refuse containers
with other materials. Ashes must be deposited in metal containers
with handles of approximately one-bushel capacity and shall be clearly
identifiable to collectors.
(3)
Broken glass, needles, syringes and other sharp objects must
be disposed of in containers which will properly hold the contents.
(4)
Animal feces must be disposed of in watertight plastic bags
which will properly hold the contents.
(b)
Containers.
(1)
All refuse receptacles shall have watertight lids and shall
be of such type that shall securely contain their contents and be
easily handled by one person.
(2)
All refuse receptacles shall be maintained in good condition
and must not have ragged or sharp edges. Failure to comply with this
provision will result in the refusal to collect the refuse.
(3)
Refuse must be placed in containers of metal or of substantial
plastic construction. Plastic disposal bags will be accepted. Containers,
together with their contents, shall not exceed 40 pounds in weight
and shall be placed inside and adjoining the curb line in such manner
as not to obstruct passage on the sidewalk.
(4)
In areas of the Township where plastic bags are used and have
been subject to animal depredation, the Township Manager may direct
the use of containers of metal or substantial plastic construction,
with tight lids to terminate the animal activities.
(5)
Any unauthorized accumulation of refuse, bulk waste or recyclables
on any residential or nonresidential premises is hereby deemed to
be a nuisance and is prohibited.
(6)
It shall be unlawful for any person, other than the occupants
of the premises upon which the refuse containers are maintained, to
remove covers, containers or the contents of refuse containers placed
for collection.
[Ord. No. 208,
passed 6-14-1990; Ord. No. 248, passed 7-8-1993]
(a)
Frequency of collection. Residential refuse shall be collected at
least once a week. Nonresidential uses, including buildings with more
than three dwelling units, which are required to dispose of their
own refuse through private contractors, must dispose of the same at
least once a week. When necessary to protect the public health and
safety, the Township Manager may determine and require that more frequent
collections be made.
(b)
Limitation of quantity. It is in the interest of this chapter that
the reasonable accumulation of refuse for each resident for the collection
period will be collected for the standard charge. The Township or
its designee may refuse the collection of, or make an additional charge
for, an unreasonable accumulation of refuse. For the purpose of this
chapter, the term "unreasonable accumulation" means the accumulation
of refuse in excess of the equivalent of 110 gallons per residence
per collection.
(c)
Hazardous refuse and similar waste. Residents shall not set out hazardous
refuse for collection. Such items shall be separated and disposed
of lawfully by the resident. The expense of such disposal shall be
borne by the resident or possessor thereof.
(d)
Medical waste. All medical waste, including, but not limited to tongue
depressors, cotton swabs, medical gloves, surgical gowns, table paper,
bandages and gauze, needles and syringes, pathological waste, liquids,
throat cultures and similar waste materials, must be placed in suitable
closed containers before being placed in normal trash, in order to
prevent exposure to the general public and the trash collectors in
particular. If all or a portion of any medical waste is required by
Federal or State law to be segregated and disposed of outside the
normal trash method of disposal, residents shall lawfully dispose
of the subject medical waste at their expense and shall not set such
medical waste out for collection.
(e)
Yard waste. Residents shall not set out yard waste for collection
except as specifically provided in this subsection. Residents may
set out for collection such yard waste as Delaware County will accept
for solid waste disposal, provided that the yard waste can fit into
a 55 gallon container and does not constitute more than 50% of the
bulk of the refuse per collection.
[Ord. No. 208,
passed 6-14-1990]
(a)
Containers must be placed at curbside no later than 7:00 a.m. on
collection days, nor any earlier than dusk the night before.
(b)
Collections will begin at 7:00 a.m. on the day of collection.
(c)
Collections will be made at least once weekly in accordance with
the schedule on file in the office of the Township Secretary.
[Ord. No. 208,
passed 6-14-1990]
(a)
Trash containers, when not placed at the curb for collection, must
be stored so that they are not visible from the street. Continuing
maintenance of refuse containers on the front side of a building unit
shall constitute a violation of this chapter. Refuse containers must
be stored to the rear of the building line.
(b)
Residents must remove empty containers from the street side of the
premises within 12 hours after the containers have been emptied.
(c)
Unless the resident makes special arrangements with the collector,
in writing and on file with the Township Secretary, all refuse must
be placed at the curb for collection. The collector may not enter
buildings to remove refuse.
[Ord. No. 208,
passed 6-14-1990; Ord. No. 248, passed 7-8-1993]
(a)
The fees for the collection and disposal of refuse and bulk waste
placed for collection shall be the fees charged by the collector if
the collector provides the services, and shall be the fees established
by Township ordinance if the Township provides the services.
(b)
All bills for the collection of refuse and bulk waste under this
chapter shall be forwarded by the collector to the person charged
for the same at such time and in such manner as directed by the Council.
(c)
All accounts shall be due and payable by the owner of the residential
building served by the collector within 30 days of receipt of a bill.
If the owner fails to pay the bill within the said 30 days, said account
shall be considered delinquent and shall be subject to an interest
charge of 1% per month, which shall be added to the bill. Delinquent
bills may be collected by an action in assumpsit or in any other manner
provided by law.
(d)
The Township may assess a fee for collection upon the owners of residential
buildings in the Township if, in the opinion of the Township Solicitor,
it is determined that it is illegal for the collector to bill the
owners directly as provided herein. Council may add an administrative
fee to the per residential building fee charged by the collector to
the Township to recover the additional administrative costs to the
Township. The fee and the billing cycle shall be established and modified
by Township ordinance or resolution. All accounts billed by the Township
shall be due and payable by the owners within 30 days of the receipt
of the bill. If an owner fails to pay the bill within the said 30
days, said account shall be considered delinquent and shall be charged
interest at the rate of 1% per month which shall be added to the bill.
All collection charges incurred by the Township, including reasonable
attorney's fees, may be added to the fee imposed. The Township
has the right to file a municipal lien against the property and to
pursue all rights and remedies the Township has under the Municipal
Claims and Tax Lien Law (53 P.S. § 7101 et seq.) as well
as all rights under an action in assumpsit or any other means provided
by law. The election of the Township to proceed by one manner of collection
shall not be deemed a waiver of its right to collect by other means.
[Ord. No. 208,
passed 6-14-1990]
Whenever the requirements of this chapter are in conflict with
other requirements of the ordinances of the Township, those imposing
the highest standards shall govern.
