Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Safety, sanitation and health — See Ch. 680.

1062.01 Title.

[Ord. No. 208, passed 6-14-1990]
This chapter shall be known as the "Upper Providence Garbage, Rubbish and Refuse Collection Ordinance."

1062.02 Definitions.

[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.

1062.03 Collection of refuse by township/collector; licensing agreements.

[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.

1062.04 Compliance; residential and nonresidential waste; regulations; bulk waste.

[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.

1062.05 Precollection practices.

[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.

1062.06 Collection practices.

[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.

1062.07 Time of 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.

1062.08 Additional provisions.

[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.

1062.09 Fees.

[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.

1062.10 Conflicting requirements.

[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.

1062.99 Penalty. [1]

[1]
Editor's Note: See Section 202.99 for general Code penalty.