This article shall be known as the "Municipal
Waste Collection and Residential Recycling Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
COMPOSTABLE MATERIALS
Leaves, leaf material, grass clippings, weeds, garden wastes,
brush, wood wastes and selected kitchen wastes, including coffee grounds,
vegetables, fruits, grains and bread, but specifically excluding dairy
products, meats, bones or fats or vegetables with meat or fats.
[Added 3-1-1993 by Ord. No. 195-2]
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
[Amended 9-18-2012 by Ord. No. 89-3]
MUNICIPAL WASTE
Any garbage, refuse, 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 and Act 101 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility, but excluding source-separated recyclables.
MUNICIPAL WASTE COLLECTOR
Any collector registered pursuant to this article and the
regulations established by Resolution No. 342 adopted hereunder, and
pursuant to any intermunicipal agreement subsequently executed by
Whitpain Township with Montgomery County or other municipalities.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality,
other governmental agency or any other legal entity or any group of
such persons whatsoever which is recognized by law as the subject
of rights and duties. In any provision of this article prescribing
a fine, penalty or imprisonment, or any combination of the foregoing,
the term "person" shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
RECYCLABLE MATERIALS
Only those materials required to be recycled, pursuant to
the provisions of regulations established by resolution adopted hereunder,
as revised from time to time.
RESIDENT
Any individual, firm, partnership, corporation, any other
type of business operation, association, institution, cooperative
enterprise, trust, municipal authority, federal institution or agency,
state institution or agency, county institution or agency or any other
legal entity or any group of such persons or entities whatsoever which
is recognized by law as the subject of rights or duties, which owns,
leases, occupies, controls or operates any property located in Whitpain
Township having either curbside collection or on-site pickup of municipal
waste.
[Amended 10-4-1993 by Ord. No. 195-3]
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
The collection of municipal waste and recyclable
materials by municipal waste collectors and the preparation for collection
of municipal waste and recyclable materials by property owners and
residents of the Township shall be undertaken in compliance with the
regulations to be adopted by the Board of Supervisors of Whitpain
Township to carry out the intent and purpose of this article. Such
regulations shall be approved by resolution of the Board of Supervisors
of Whitpain Township and, when so approved, shall have the same force
and effect as the provisions of this article. Said regulations may
be amended, modified or replaced by duly enacted resolution of the
Board of Supervisors of Whitpain Township.
The owner, landlord or agent for any owner or
landlord of any multifamily residential facility or property which
shall have four or more dwelling units on said property and all commercial,
industrial, institutional or municipal uses within the territorial
boundaries of Whitpain Township shall be required to provide for the
collection and disposal of all municipal wastes generated from his
facility and to undertake recycling in accordance with this article
and regulations adopted by resolution of the Board of Supervisors
hereafter. As part of the compliance aforesaid, each such property
owner shall provide suitable containers for sorting and collecting
the recyclable materials and shall place said containers in places
upon the property which are readily accessible to residents or persons
upon said premises and accessible to the waste hauler or municipal
waste collector serving the premises. Said collection containers shall
be screened from direct view from adjoining premises.
A. Collection procedures. Those multifamily residential
properties, as aforesaid, with four or more residential units and
all commercial, industrial, institutional and municipal operators
within Whitpain Township who do not have curbside collection of municipal
wastes, recyclable wastes or any other waste, garbage, refuse, white
goods or any other materials shall undertake their own collection
and disposal arrangements to fully service the needs of the property
users in accordance with regulations of DEP and in a healthful and
sanitary fashion.
B. Certification/reporting. Any owner, landlord or agent,
as aforesaid, of any multifamily residence facility with four or more
dwelling units and all other commercial, industrial, institutional
or municipal properties shall be required to certify compliance with
the terms of this article and regulations adopted by resolution of
the Board of Supervisors thereunder, no less than quarterly each year,
by filing with the Township a form prepared and approved by the Township,
reporting the tonnage and disposition of all municipal waste and recyclable
waste generated at the property.
C. Instruction to property users. Any owner, landlord
or agent, as aforesaid, shall provide to all occupants or users of
said premises or units of said properties written instruction to said
occupants or users concerning recycling and waste disposal procedures
to be utilized for service of the premises, and copies of said written
instructions shall be provided to the Township upon the Township's
written request therefor.
D. Collection procedures. Collection procedures by registered
municipal waste collectors shall be subject to the following provisions
and limitations:
[Added 10-4-1993 by Ord. No. 195-3]
(1) Municipal waste collectors shall not be required to collect municipal waste of any resident, as the term is defined in §
93-18, where the recyclable materials have not been separated pursuant to the provisions of this article, any subsequent amendments thereto or any resolutions adopted hereunder.
(2) No municipal waste collectors picking up trash, rubbish,
garbage, refuse or recyclables, whether at curbside or on-site at
any property or location in Whitpain Township, shall begin before
6:00 a.m. or be conducted after 9:00 p.m. within the Township.
E. Community
events. Recycling containers shall be provided at all community events
attended by 200 or more people. The disposal of recyclable materials
collected at such events shall be in accordance with the provisions
of this article.
[Added 9-18-2012 by Ord. No. 89-3]
Any person who violates any provision of this
article or of the regulations adopted hereunder or any person who
knowingly commits, takes part or assists in any such violation shall,
upon conviction thereof in a summary proceeding, be sentenced to pay
a fine of not more than $1,000 and not less than $50. Each day on
which a violation of this article continues shall constitute a separate
offense punishable by a like fine or penalty. In addition to this
penalty, the Township may institute any appropriate action or proceeding,
whether by legal process or otherwise, to prevent any illegal act,
conduct, business or use on or about such premises subject to this
article.
This article shall be construed under the laws
of the Commonwealth of Pennsylvania.