[Adopted 10-16-1990 by Ord. No. 119]
A. 
The following terms shall have the following meanings in this article:
ACCEPTABLE WASTE
Municipal waste which is not unacceptable waste or nonprocessible waste.
COUNTY
The County of Montgomery, Pennsylvania.[1]
HAZARDOUS WASTE
(1) 
Any material or substance which, by reason of its composition or characteristics, is:
(a) 
Toxic or hazardous waste as defined in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or as defined in Section 6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e) under Act 97[2] or under any other applicable laws of similar purpose of effect, including but not limited to, with respect to each of such laws, any replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder; or
(b) 
Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder.
(2) 
Any other material that any governmental agency or unit having appropriate jurisdiction shall determine from time to time is harmful, toxic or dangerous or otherwise ineligible for disposal in the landfill.
LANDFILL
A landfill with which the Waste Authority has contracted to dispose of acceptable waste.
MUNICIPALITY
The Township of Limerick, a township of the Second Class, located within the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Municipal waste as defined in Section 103 of Act 97 and Section 103 of Act 101[3] and any rules, regulations or policies promulgated thereunder.
NONPROCESSIBLE WASTE
White goods; automobile tires in quantity; noncombustible items, stumps, logs, brush and other waste which either weighs in excess of 25 pounds or exceeds one of the following dimensions: four feet in length, four inches in diameter or four inches in thickness; sludges; construction and demolition debris; or leaf waste beyond that permitted by Act 101.[4]
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 provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PLAN
The countywide municipal waste management plan developed by the county and approved by DEP (Department of Environmental Protection), as such has been and may hereafter be amended or revised in compliance with law.
PLAN REVISION
The revision dated June 1990 to the County Municipal Waste Management Plan developed by the county, to be submitted to DEP and approved by a majority of the affected municipalities within the county representing a majority of the county's population.[5]
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible waste.
RECYCLING or RECYCLED
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf 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.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry into the waste stream, for the purpose of recycling of individual components of acceptable waste, such as, without limitation, bottles, cans and other materials in accordance with Act 101.[6]
[Amended 12-13-2007 by Ord. No. 288]
UNACCEPTABLE WASTE
[Amended 12-13-2007 by Ord. No. 288]
(1) 
Any material that, by reason of its composition, characteristics or quantity, is ineligible for disposal at the landfill pursuant to the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder or, except for trace amounts normally found in household or commercial solid waste, any other similarly applicable law, including but not limited to the following laws and the regulations, if any, promulgated under each: the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; Act 97;[7] the Hazardous Sites Cleanup Act, Act 108,[8] enacted October 18, 1988; and any similar or substituted legislation or regulations or amendments to the foregoing, as well as any other laws coextensive with the foregoing;
(2) 
Any other materials that any governmental body or unit having or claiming appropriate jurisdiction shall determine from time to time to be harmful, toxic, dangerous or otherwise ineligible for disposal at the landfill;
(3) 
Any waste that a landfill or other applicable facility is precluded from accepting pursuant to any permit or governmental plan governing such landfill or other applicable facility;
(4) 
Hazardous waste;
(5) 
Residual waste as defined in Act 101;[9]
(6) 
Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any similar or substituted legislation or regulation or amendments to the foregoing, including but not limited to any other laws coextensive with the foregoing;
(7) 
Asbestos, sludge, infectious waste, chemotherapeutic waste and incinerator ash;
(8) 
White goods in quantity and/or automobile tires in quantity; and
(9) 
Any other material that the Township or Pennsylvania Department of Environmental Protection reasonably concludes would require special handling or present an endangerment to a disposal facility, the public health or safety or the environment.[10]
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
[1]
Editor's Note: The former definition of "county ordinance or county waste flow ordinance" and "date of Western County System operation," which immediately followed this definition, were repealed 12-13-2007 by Ord. No. 288.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.103 and 53 P.S. § 4000.103, respectively.
[4]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[5]
Editor's Note: The former definition of "point of entry into the Western County System," which immediately followed this definition, was repealed 12-13-2007 by Ord. No. 288.
[6]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[7]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[8]
Editor's Note: See 35 P.S. § 6020.101 et seq.
[9]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[10]
Editor's Note: The former definitions of "Waste Authority" and "Western County System or system," which immediately followed this definition, were repealed 12-13-2007 by Ord. No. 288.
B. 
All other words and phrases as defined in Act 97 or Act 101[11] shall have the same meanings as set forth in Act 97 or Act 101, as they may hereinafter be amended or supplemented by legislation regarding municipal waste management or planning.
[Amended 12-13-2007 by Ord. No. 288]
[11]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
[Added 12-13-2007 by Ord. No. 288[1]]
A. 
The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its impact on the environment. It is the intent of this article to promote, require and regulate recycling activities in the Township and to protect the health, safety and welfare of residents.
B. 
This article has been developed to meet and implement municipal responsibilities established under Act 101.[2]
[2]
Editor's Note: See 53 P.S. § 4000.101.
C. 
The policy to establish, implement or amend the municipal recycling program shall be approved by resolution.
D. 
The Township's adoption of this article does not preclude the future assignment of its responsibility as it relates to the coordination, regulation and/or enforcement of recycling activities. Such assignment of responsibilities will be accomplished in accordance with Section 304(c) of Act 101[3] and would require the Township to enter into a written agreement with the entity accepting such responsibilities. However, under no circumstances will the Township relinquish its right to select the methodology for conducting recycling, municipal waste collector subscription service to individual customers, franchising or bidding of municipal waste collector services on a partial or community-wide basis or municipal waste collector services provided by a municipality.
[3]
Editor's Note: See 53 P.S. § 4000.304(c).
[1]
Editor's Note: This ordinance also provided for the repeal of former § 149-2, Legislative intent.
[Amended 12-13-2007 by Ord. No. 288]
A. 
Disposal at other sites. Disposal of municipal waste collected or generated within the municipality shall be only as permitted by rule, regulation, ordinance or order duly issued by the Pennsylvania Department of Environmental Protection.
B. 
Recycling. Nothing herein shall be deemed to prohibit source separation or recycling or to affect any sites at which source separation or recycling may take place.
[Amended 12-13-2007 by Ord. No. 288]
A. 
Compliance with the Township or the Pennsylvania Department of Environmental Protection. The collection, transportation, processing and disposal of municipal waste present or generated within the municipality shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Township or the Pennsylvania Department of Environmental Protection.
B. 
Adoption of regulations. Rules and regulations adopted by the Township or the Pennsylvania Department of Environmental Protection for the municipal waste system shall be deemed rules and regulations adopted under this article.
C. 
Consistency of regulations with ordinance and other laws. No rules or regulations adopted by the municipality pursuant to this article shall be in violation of or inconsistent with the provisions of this article, as well as the provisions and purposes of Act 97, Act 101 or regulations adopted thereunder or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
[Amended 12-13-2007 by Ord. No. 288]
All generators of municipal waste and all municipal waste collectors and municipal waste transporters, any landfill operators, any transfer station operators or any other parties involved in the collection, transportation, processing or disposal of municipal waste of the municipality shall cooperate in the taking and preparation of an annual survey to be conducted by an engineering consultant designated by the Township or the Pennsylvania Department of Environmental Protection.
[Amended 12-13-2007 by Ord. No. 288]
A. 
No person shall enter into any contract or conduct any other activity concerning the collection, transportation, processing or disposal of municipal waste in the municipality in contravention of the terms set forth by the Township or the Pennsylvania Department of Environmental Protection, this article or any rules and regulations issued thereunder.
B. 
Recycling. Nothing contained in this article shall interfere with the operation of any program for recycling.
C. 
This article shall be construed consistently with Act 97 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
D. 
The hours of operation for municipal waste collectors or haulers shall be from 7:00 a.m. to 8:00 p.m., Monday through Friday, and 8:00 a.m. to 6:00 p.m., Saturday and Sunday. Any work, as referenced above, performed outside of these hours will be considered a violation of this chapter.
[Added 4-18-2017 by Ord. No. 377]
[1]
Editor's Note: Former § 149-7, Municipal Waste Authority, was repealed 12-13-2007 by Ord. No. 288.
[Amended 12-13-2007 by Ord. No. 288]
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 Township and the Pennsylvania Department of Environmental Protection or the county consistent with this article.
(2) 
Transport, process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed municipal waste generated within the municipality except as provided for in this article.
(3) 
Collect or transport municipal waste present or generated within the municipality without a valid license for collection or transportation issued by the Township and the Pennsylvania Department of Environmental Protection.
(4) 
Hinder, obstruct, prevent or interfere with the municipality, the Pennsylvania Department of Environmental Protection or the county or their personnel in the performance of any duty under this article or in the enforcement of this article.
(5) 
Act in a manner that is contrary to Act 97 or Act 101,[1] regulations promulgated thereunder, this article, rules or regulations promulgated under this article.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq. respectively..
B. 
Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.
Any person who engages in unlawful conduct as defined in this article shall, upon conviction thereof, in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not more than $1,000 and not less than $500 for each offense and, in default of payment thereof, shall be committed to the county jail for a period not exceeding 30 days. Each day that there is a violation of this article shall constitute a separate offense.
[1]
Editor's Note: Former § 149-10, Revocation of license, was repealed 12-13-2007 by Ord. No. 288.
[Amended 12-13-2007 by Ord. No. 288]
A. 
Restraining violations. In addition to any other remedy provided in this article, the Township and the Pennsylvania Department of Environmental Protection 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 license promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 149-9 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 Township or the Pennsylvania Department of Environmental Protection from exercising any other remedy provided by this article or otherwise provided at law or equity.
[Amended 12-13-2007 by Ord. No. 288]
A. 
Entry into IMA. In order to implement the intent and terms of this article, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at 53 P.S. § 481 to 53 P.S. § 490 (Purdon 1974 and Purdon Supplement 1990),[1] and Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania, shall reserve the right to enter into an intermunicipal agreement (IMA) between the county and other municipalities, together with such changes consistent with this article, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval.
[1]
Editor's Note: 53 P.S. § 481 to 53 P.S. § 490 were repealed 1996, Dec. 19, P.L. 1158, No. 177, § 2(a), effective in 60 days. See now 53 Pa.C.S.A. § 2301 et seq.
B. 
Execution. Appropriate officers of this municipality are authorized and shall have the power to execute an IMA on behalf of this municipality.
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 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et. seq. and 53 P.S. § 4000.101 et seq.
[Amended 12-13-2007 by Ord. No. 288]
The municipality will take such actions as are necessary to comply with the rules and regulations set forth by the Pennsylvania Department of Environmental Protection.