[Adopted 2-20-1990 by Ord. No. 195; amended in its entirety 7-6-1992 by Ord. No. 195-1[1]]
[1]
Editor's Note: Section 8 of this ordinance provided that it would become effective July 6, 1992, except for § 93-22, which became effective September 1, 1990.
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[1] 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]
SOURCE-SEPARATED RECYCLABLES
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
A. 
Registration. Every person desiring to engage in, continue to engage in or, hereafter, to begin to engage in the business of collecting, removing, transporting or hauling municipal waste and recyclable materials from any property in Whitpain Township shall first be required to register with the Township and the Pennsylvania Department of Environmental Protection. Such registration with the Township shall be for a period of one year beginning January 1 of the year in which the registration occurs. Registration with the Pennsylvania Department of Environmental Protection shall be as provided by law.
[Amended 9-18-2012 by Ord. No. 89-3]
B. 
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste within Whitpain Township shall be of the closed-metal-body type with an automatic compactor unit. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other type vehicles may be used only for the collection of recyclable materials, white goods and Christmas trees, provided that such items are separately collected in accordance with other regulations established by this article or regulations established by resolution adopted hereunder. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances. The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Certificates of insurance, was repealed 9-18-2012 by Ord. No. 89-3.
D. 
Collection procedures.
(1) 
Municipal waste collectors shall not be required to collect municipal waste of any resident where it is obvious that recyclable materials have not been separated pursuant to this article or resolutions adopted hereunder.
(2) 
Any person, association or corporation collecting or picking up trash, rubbish, garbage or recyclables for any reason shall not pick up said trash, rubbish, garbage or recyclables between the hours of 9:00 p.m. and 6:00 a.m. within the Township of Whitpain.[2]
[2]
Editor's Note: Former Subsection E, Rate schedules; collection routes and schedule, and Subsection F, Registration fee, which immediately followed this subsection, were repealed 9-18-2012 by Ord. No. 89-3.
A. 
Separation.
(1) 
Recyclable materials. All residents of Whitpain Township shall separate recyclable materials from the municipal waste generated at their property at the curb for collection in accordance with the provisions of this article or subsequent resolution, and such recyclable materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclable. Such containers shall initially be provided by the Township.
(2) 
Leaf waste. All residents of Whitpain Township shall separate leaf waste from other municipal waste generated at their property and shall dispose of the same in accordance with regulations adopted hereunder. Any resident who otherwise provides for the proper disposal of leaf waste shall not be required to comply with the provisions of this section.
(3) 
Composting. The residential composting of compostable materials shall be permitted in the Township so long as the same shall not be conducted in any manner as to be offensive to neighboring properties or constitute a public or private nuisance.
[Added 3-1-1993 by Ord. No. 195-2]
B. 
Collection of municipal waste. All residents of Whitpain Township shall have municipal waste collected by a municipal waste collector who is validly registered with the Township, and such collection shall be no less frequent than one time per week.
[Amended 9-18-2012 by Ord. No. 89-3]
C. 
Collection of recyclable materials.
[Amended 9-18-2012 by Ord. No. 89-3]
(1) 
All residents of Whitpain Township shall have recyclable materials collected by a municipal waste collector who is validly registered with the Township, and such collection shall be no less frequent than one time per week. Leaf waste shall be collected by municipal waste collectors in accordance with the procedures established annually by the Township.
(2) 
Ownership of recyclable materials. All source-separated recyclables placed by the resident at the curb for collection by the municipal waste collector pursuant to this article and Township regulations shall become the property of the municipal waste collector from the time of being placed at the curb.
D. 
Leaf waste collection. The collection of leaf waste from residences in Whitpain Township shall only be permitted by municipal waste collectors who have validly registered with the Township, and such collection shall be in accordance with regulations adopted by resolution of the Board of Supervisors of Whitpain Township.
E. 
Prohibition. No person shall place municipal waste in containers used for the separation and collection of recyclables; no person shall place recyclable materials in containers used for the separation and collection of municipal waste.
F. 
Notice of violation. Any person who shall violate the provisions of this § 93-20 shall receive an official written notice of noncompliance from the Township for the first and second offenses. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
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.