[HISTORY: Adopted by the Board of Supervisors of the Township of Whitpain 12-16-2014 by Ord. No. 334. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 105, Municipal Solid Waste, adopted 5-5-1989 by Ord. No. 190.
This chapter shall be known and may be cited as the "Municipal Waste Collection and Recycling Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- The Pennsylvania Department of Environmental Protection.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, schools, day-care centers and nursing homes.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom of 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, P.L. 380, No. 97, and Act 101, 53 P.S. 4000.101 et seq., respectively, 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, remover, transporter, and/or hauler of municipal waste and/or recyclable materials in the Township and registered pursuant to this chapter and the regulations established by resolution adopted by Whitpain Township.
- 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 chapter 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
- Those materials required to be recycled pursuant to this chapter or the provisions of regulations established by resolution adopted hereunder, as revised from time to time.
- 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, which owns, leases or occupies a property located in Whitpain Township used as a residence and containing four or fewer dwelling units.
- SOURCE-SEPARATED RECYCLABLES
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling or composting.
- WHITE GOODS
- Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
Editor's Note: See 35 P.S. § 6018.101 et seq.
Registration. Every person desiring to engage in, continue to engage in or hereinafter to begin to engage in the business of collecting, removing, transporting or hauling municipal waste, leaf waste and recyclable materials from any property in Whitpain Township shall first demonstrate to the Township that it is in compliance with all statutes and regulations of the Commonwealth of Pennsylvania, including the DEP. This demonstration of compliance shall be done annually.
Collection equipment and transportation vehicles. The collection equipment and transportation vehicle used for the collection of municipal waste 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 chapter or regulations established by resolution adopted hereunder. The municipal waste, leaf waste and recyclable materials 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.
Collection procedures. Municipal waste collectors shall not be required to collect municipal waste of any resident where it is obvious that leaf waste and/or recyclable materials have not been separated pursuant to this chapter. The collectors shall report to the Township the identity of those residents who have not separated recyclable materials.
Reporting. Each municipal waste collector shall file with the Township, or its designee, quarterly reports which include the following information. The Township shall appoint a designated recycling coordinator responsible for recycling data collection and reporting recycling program performance in the municipality.
Total tonnage of residential municipal waste collected in Whitpain Township;
Total tonnage of residential recyclable materials collected in Whitpain Township;
Total tonnage of nonresidential municipal waste collected in Whitpain Township;
Total tonnage of nonresidential recyclable materials collected in Whitpain Township; and
Total tonnage of leaf waste collected in Whitpain Township.
Municipal waste haulers are responsible for the collection, marketing and recycling of the Township's designated recyclable materials.
Recyclable materials. All residents within the municipality shall source-separate designated recyclable materials generated by such person or generated within a residential unit, multifamily unit or nonresidential unit occupied by such person. When placed at the curbside of the resident for collection in accordance with the provisions of this chapter, recyclable materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclable materials.
Leaf waste. All residents of Whitpain Township shall keep leaf waste separate from all other forms of municipal waste generated at their property and separate from recyclable materials and shall prepare leaf waste for collection in accordance with regulations adopted hereunder. Any resident who delivers his or her leaf waste to a recycling or composting facility or composts his or her own yard waste shall not be required to comply with the provisions of this section.
Collection. Collection of recyclable materials shall be made only by a municipal waste collector at a minimum of one time per week. Leaf waste shall be set out for collection in a manner to be designated by the Township and the municipal waste collector and shall be delivered by the municipal waste collector to a leaf composting facility operating in accordance with DEP regulations and guidelines for leaf composting facilities. Christmas trees shall be collected at least once between January 1 and January 31 by the Township or any collector contracted to pick up trash in the Township.
Prohibition. No person shall place municipal waste in containers used for the separation, collection and transportation of recyclable materials; no person shall place recyclable materials or leaf waste in containers used for the separation, collection and transportation of municipal waste.
Notice of violation. Any person who shall violate the provisions of this section shall receive 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 following provisions apply to the separation and collection of materials from commercial, institutional and municipal establishments, multifamily housing and sponsors or organizers of community activities throughout the Township:
All owners and occupants of commercial, institutional or municipal establishments shall separate the following recycling materials: corrugated paper, office papers, newsprint, aluminum and leaf waste. Persons in multifamily housing (which includes independent and assisted living facilities) and sponsors or organizers of community activities in Whitpain Township shall separate the following recyclable materials: plastic, colored glass, clear glass, bimetal and steel, corrugated paper, office papers, newsprint, aluminum and leaf waste. Persons owning and/or operating commercial, institutional and municipal establishments, multifamily housing and sponsors or organizers of community activities shall be responsible for providing a system to source-separate recyclable materials from the municipal waste generated at their property. This system should be developed with the assistance of the municipal waste collector.
Each person who owns a multifamily unit or nonresidential unit shall:
Provide recycling containers at easily accessible locations for source separation of designated recyclable materials;
Provide written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source-separated; and
Provide collection and delivery to a facility of source-separated designated recyclable materials at a frequency of not less than once per month.
Leaf waste. All persons owning multifamily, commercial, institutional or municipal establishments who gather leaves and are not served by the Township's leaf collection program, if any, shall arrange for the separation of leaf waste from municipal waste and recyclable materials for recycling/composting of leaf waste at a composting facility operating in accordance with DEP regulations and guidelines for leaf composting facilities.
Collection. The method of collection of the recyclable materials for disposition shall be the responsibility of the person who generates the recyclable materials (i.e., generator) or a municipal waste collector designated by the generator for the collection and marketing and recycling of its recyclable material.
Recycling reports. Recycling reports for multifamily housing, commercial, municipal and institutional properties and community activities:
The owner of every multifamily housing property and every commercial, municipal and institutional establishment and community activity sponsor shall complete a form to be designated "Recycling Report," to be provided by the Township, or its designee, which shall indicate where the property's recyclable materials were delivered or by whom such materials were collected. Such report shall provide information on the type and amount of each material recycled. The recycling report and all weigh slips obtained from the facility or facilities to which the recyclable materials are delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and recycling reports quarterly to the Township, the municipal waste collector who removed the recyclable materials from the property may be the agent for the owner of the property or sponsor of the activity and shall be responsible for completing and submitting such to the Township. Each quarterly recycling report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar-year basis thus: January through March; April through June; July through September; and October through December.
Prohibition. No person shall mix municipal waste in containers to be used for the separation and collection of recyclable materials. No person shall mix recyclable materials or leaf waste in containers used for the separation and collection of municipal waste.
Every residence, commercial establishment and institutional establishment in Whitpain Township shall contract with an individual, entity or firm which is a licensed municipal waste collector by the Commonwealth of Pennsylvania, Department of Environmental Protection, to have all the municipal waste and recyclable materials generated on the premises by any of the occupants of the premises removed and disposed of in accordance with this chapter.
Additional rules and regulations for the collection of municipal waste and recyclable materials by municipal waste collectors, and the preparation for collection of municipal waste and recyclable materials and leaf waste by property owners and residents of the Township, may be made, from time to time, by the Board of Supervisors of Whitpain Township, in order to carry out the intent and purpose of this chapter. Such rules and 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 chapter. The said rules and regulations may be amended, modified or replaced by resolution of the Board of Supervisors of Whitpain Township.
Any person who violates any provision of this chapter, or of the rules and regulations adopted hereunder, or any person who knowingly commits, takes part in 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 chapter, or of the rules and regulations adopted hereunder, 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 chapter.
The provisions of this chapter are intended to be severable, and if any section, sentence, clause, part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this chapter. It is hereby declared to be the intent of the Board that this chapter would have been adopted even if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
The failure of the Township to enforce any provision of this chapter shall not constitute a waiver by the Township of its rights of future enforcement hereunder.