Township of Lower Moreland, PA Article I General Provisions

§ 168-1 Definitions.

A. As used in this chapter, the following terms shall have the meanings indicated:

ACCEPTABLE DISPOSAL SITE

Waste disposal facilities such as landfills or trash-to-steam facilities which are licensed by and operated in accordance with the laws and regulations of the Commonwealth of Pennsylvania or the laws and regulations of the state in which the disposal site is located.

ACCEPTABLE WASTE

Municipal waste which is collected from the general public or is otherwise consistent with Section 7701(e)(3)(B) of the Internal Revenue Code of 1986, as amended, which is not unacceptable waste.

COLLECTOR or WASTE HAULER

Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.

COMPANY

The entity or entities which are under contract with the municipality to provide solid waste disposal service.

CONSTRUCTION DEMOLITION WASTE

Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, metals, asphalt materials, bricks, blocks and unsegregated concrete. The term also includes dredging waste.

CONTRACTOR

The entity or entities which are under contract with the municipality to provide solid waste disposal service.

MUNICIPALITY

The Township of Lower Moreland, a township of the first class located within the County of Montgomery, Commonwealth of Pennsylvania.

MUNICIPAL ORDINANCE

Any ordinance enacted by the municipality.

MUNICIPAL WASTE

Any garbage, refuse or industrial, lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous materials resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual waste or hazardous waste in Act 97[1] and Act 101,[2] The term does not include any source-separated recyclable materials.

NONCOMBUSTIBLE RUBBISH

Glass, tin ware, wire, crockery, metal, waste materials and other nonflammable refuse.

NONPROCESSABLE WASTE

That portion of acceptable waste which consists of white goods, including refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.

PROCESSABLE WASTE

That portion of acceptable waste which is not nonprocessable waste.

RECYCLING or RECYCLED

The collection, separation, recovery and sale or reuse of metals, glass, paper, yard waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.

RESIDENTIAL COMPONENT

All acceptable waste generated by households within a participating municipality, exclusive of multiple-family dwellings which are not included in the calculation of the residential component.

SINGLE-FAMILY RESIDENTIAL DWELLING

For purposes of this chapter, single-family residential dwellings include all residential units, including buildings containing multiple dwelling units of four units or less.

SOURCE SEPARATION

The segregation and collection, prior to the point of entry into the municipal system, for the purpose of recycling, of individual components of acceptable waste, such as (without limitation) bottles, cans, yard waste, and other materials in accordance with Act 101.[3]

UNACCEPTABLE WASTE

(1) Explosives, pathological and biological waste, residual waste and hazardous waste, radioactive materials, sludge, cesspool or other human waste, human and animal remains, motor vehicles, liquid waste, contained gaseous materials which may pose a hazard to the facility or the community, hazardous substances as defined in the Federal Comprehensive Environmental Response, Compensation and Liability Act,[4] as it may be amended from time to time hereafter, and any analogous federal, state or local law, ordinance, rule or regulation as may be applicable at the time of delivery of waste to the facility and commercial waste which is not permitted by law to be treated and disposed of in the facility;

(2) Any item of waste either smoldering or on fire;

(3) Construction and demolition debris, ashes, incinerator residue and foundry sand;

(4) Automobile or truck tires and motor vehicle batteries;

(5) Wastes in quantities and concentrations which require special handling in their collection and/or processing, including medical or other "red bag waste";

(6) All other items of waste which, at the time of delivery to the facility, would be likely to pose a threat to health or safety or have been prohibited by any valid and enforceable judicial decision, order or governmental action from being accepted by the facility.

WHITE GOODS

Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.

YARD WASTE

Leaves, garden residues, shrubbery and tree trimmings, Christmas trees and similar materials, including grass clippings.

[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. § 4000.101 et seq.

[4] Editor's Note: See 42 U.S.C. § 9601 et seq.

B. All other words and phrases shall have the same meanings as set forth in Act 97[5] or Act 101.[6]

[5] Editor's Note: See 35 P.S. § 6018.101 et seq.

[6] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 168-2 Operation by licensed collectors and transporters.

A. Licensing. No person who is not duly licensed by the Pennsylvania Department of Environmental Protection (DEP) may collect or transport municipal waste located or generated within the municipality. All collectors and waste haulers operating within the municipality must submit proof of such licensure to the Township on an annual basis.

B. Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this municipality, the municipal waste collectors and municipal waste haulers contracted by the Township to service residential dwellings shall comply with all terms of the service agreement. Multifamily residential dwellings, commercial, and institutional establishments shall contract with the waste collectors and waste haulers of their choice. All waste collectors and transporters operating within the municipality must comply with all laws and regulations of the Commonwealth of Pennsylvania pertaining to the collection, transportation and disposal of solid waste. Delivery by such collectors or transporters into the municipal system of unacceptable waste, nonprocessable waste (except for white goods) and waste from unapproved sources is prohibited.

C. Administration. Any collectors or transporters who fail to comply with the provisions of this article shall be subject to any applicable sanctions.

§ 168-3 Standards for collection and transportation.

All collectors or waste haulers operating within the municipality must comply with the following minimum standards and regulations:

A. All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90,[1] Act 97,[2] Act 101,[3] and PA DEP regulations adopted pursuant to Act 97 and Act 101, including the Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.

[1] Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.

[2] Editor's Note: See 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 53 P.S. § 4000.101 et seq.

B. All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.

C. All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.

D. All collection vehicles conveying nonprocessable municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.

E. All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.[4]

[4] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 168-4 Disposal of municipal waste.

A. It shall be unlawful to dump, destroy, burn or otherwise dispose of refuse within the Township, except at an approved disposal site. This prohibition shall not extend to the composting of yard waste.

B. All refuse shall be deposited and disposed of at an acceptable disposal site.

C. All disposal regulations of the approved disposal site shall be adhered to.

D. All vehicles used for collection shall use, insofar as practical, only state highways when proceeding to and from the approved disposal sites, except when using roads or streets in the Township where contracted to collect.

E. It shall be unlawful to dispose of live ashes, flammable liquids, explosive substances, toxic chemicals or any other similar hazardous substances in the Township.

F. Recycling. Recycling shall be conducted in accordance with the requirements of Article II of this chapter.

§ 168-5 Securing of waste hauler services; adoption of regulations.

A. Each residential dwelling unit, industrial establishment, institutional facility and commercial establishment must secure the services of a waste hauler who will collect municipal waste, refuse and recyclables, including yard waste.

B. The Township is authorized to adopt trash and recycling regulations from time to time by separate resolution of the Board of Commissioners.

§ 168-6 Refuse containers; collection practices.

A. Refuse containers for residential dwelling units, industrial establishments, institutional facilities and commercial establishments shall be placed at ground level, readily accessible to the collector, and in accordance with Township rules and regulations.

B. All licensed and approved Township waste haulers shall provide collection services in accordance with rules and regulations approved by separate resolution of the Board of Commissioners.

§ 168-7 Effect of recycling and other provisions.

A. Recycling. Nothing contained in this article shall interfere with the operation of any program for recycling.

B. This article shall be construed consistently with Act 97[1] and Act 101.[2]

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 168-8 Unlawful activities; conduct declared nuisance.

A. Unlawful conduct. It shall be unlawful for any person to:

(1) Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by the county or Lower Moreland Township consistent with this article.

(2) Collect or transport municipal waste present or generated within the municipality without a valid license for collection or transportation issued by DEP.

(3) Hinder, obstruct, prevent or interfere with the municipality, the municipal waste authority or the county or its performance of any duty under this article or in the enforcement of this article.

(4) Act in a manner that is contrary to Act 97[1] or Act 101,[2] regulations promulgated thereunder, the plan, this article, the county ordinance, rules or regulations promulgated under this article, the county ordinance or the terms of licenses issued thereunder.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

B. Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.

§ 168-9 Violations and penalties.

Any person who engages in unlawful conduct as defined in this article shall, upon conviction before a District Justice, be subject to a penalty of not less than $200 nor more than $500, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days, or both such fine and imprisonment. Each day that a violation continues may be regarded as a separate offense and punishable as such.

§ 168-10 Injunctions; concurrent remedies.

A. Restraining violations. In addition to any other remedy provided in this article, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of service agreement or permissions promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 168-9 hereof.

B. Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the municipality from exercising any other remedy provided by this article or otherwise provided at law or equity.

§ 168-11 Construal of provisions.

The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari materia with Act 97[1] and Act 101.[2]

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.