Township of Upper Merion, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Upper Merion Township as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A173.
[Adopted 6-19-1989 as part of Ord. No. 89-559[1] ]
[1]
Editor's Note: This ordinance supersedes former Article I, Trash Collection, adopted 3-8-1971 by Ord. No. 71-272, as amended.
[Amended 6-4-1990 by Ord. No. 90-575]
This Article shall be known and may be cited as the "Municipal Waste Collection and Recycling Ordinance."
[Amended 6-4-1990 by Ord. No. 90-575]
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and multifamily dwelling units.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
[Added 10-14-2010 by Ord. No. 2010-794]
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools, day-care centers, nursing homes, etc.
LEAF WASTE
Leaves, garden residues, shrubbery, tree trimmings and similar materials, but not including grass clippings.
[Added 10-14-2010 by Ord. No. 2010-794]
MULTIFAMILY DWELLING UNITS
Residential properties of four or more units for which there is a common system for the collection of municipal waste.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by a municipality or other governmental and quasi-governmental authorities.
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.
MUNICIPAL WASTE COLLECTOR
Any collector registered pursuant to the provisions of Chapter 91 of the Code of Upper Merion Township and pursuant to any intermunicipal agreement subsequently executed by Upper Merion Township and 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 or 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.
PROPRIETARY GENERATOR
A generator of recyclable materials who transports their own waste to a recycling facility.
[Added 2-6-2003 by Ord. No. 2003-726]
RECYCLABLE MATERIALS
Only those materials that are suitable for recycling and required to be recycled, pursuant to the provisions of Chapter 91 of the Code of Upper Merion Township, as revised from time to time.
REFUSE
The worthless or useless part of something.
[Added 10-14-2010 by Ord. No. 2010-794]
RESIDENT
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality or 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 Upper Merion Township used as a residence.
RESIDENTIAL ESTABLISHMENTS
Residential properties for which there is a curbside collection system of municipal waste.
RUBBISH
Combustible or noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, mineral matter, glass, crockery, dust and similar materials.
[Added 10-14-2010 by Ord. No. 2010-794]
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.
[Amended 6-4-1990 by Ord. No. 90-575]
A. 
Registration. Every person desiring to engage in, continuing to engage in or hereafter to begin to engage in the business of collecting, removing or hauling municipal waste and recyclable materials from any property in Upper Merion Township shall first register with the Township. Such registration shall be for a period of one year beginning January 1 of the year in which the registration occurs. All collectors shall register by January 31 each year.
B. 
Collection equipment and transportation vehicles and collection times.
(1) 
The collection equipment and transportation vehicles 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 types of 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 provisions of this article and regulations 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.
(2) 
Collection times. In residential districts, or properties immediately adjacent to residential districts, municipal waste and recycling collection is permitted:
[Added 2-6-2003 by Ord. No. 2003-726]
(a) 
Weekdays, Monday through Friday, from 0700 to 2100 hours, prevailing time.
(b) 
Weekends, Saturday and Sunday, from 0800 to 2100 hours, prevailing time.
C. 
Certificates of insurance. No person shall be entitled to register with the Township as a collector unless such collector can show certificates of insurance covering public liability for both bodily injury and property damage, owners' and contractors' protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be from time to time set forth by the Board of Supervisors by regulations adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this article shall carry with it an endorsement to the effect that the insurance carrier will convey to Upper Merion Township, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The abovementioned written notice shall be mailed to Upper Merion Township at least 10 days prior to the effective date of any such modification, alteration or cancellation.
D. 
Collection procedures. Municipal waste collectors shall not be required to collect trash of any resident where it is obvious that recyclable materials have not been separated pursuant to this article and the regulations adopted hereunder.
E. 
Rate schedules. Each municipal waste collector shall annually at time of registration file with the Township a rate schedule showing the rates to be charged to its residential customers for the collection of municipal waste and recyclable materials. Such rate schedules shall not be changed by the municipal waste collector without first giving notice to the Township at least 30 days prior to the effective date of such change.[1]
[1]
Editor’s Note: Former Subsection F, Registration fee, which immediately followed, was repealed 10-14-2010 by Ord. No. 2010-794.
[Amended 6-4-1990 by Ord. No. 90-575; 2-6-2003 by Ord. No. 2003-726]
The following provisions apply to the separation and collection of materials at residences throughout the Township. Exception: Residents of multifamily residential properties, at which there is a common system for the collection of municipal waste, are subject to § 91-8 of this article.
A. 
Separation.
(1) 
Recyclable materials. All residents of Upper Merion Township shall separate recyclable materials from the municipal waste generated at their property. When placed at the curb for collection in accordance with the provisions of this article, recyclable materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclables. Such containers shall be provided by the municipal waste collector.
(2) 
Leaf waste. When collection procedures have been scheduled by the Township, all residents of Upper Merion Township shall separate leaf waste from other municipal waste generated at their property; leaves shall be placed at the curb for collection in bags specified by the Township or in piles to a maximum of 18 inches in height. Garden residues, shrubbery, tree trimmings and similar materials shall be disposed of in accordance with approved Township procedures. Grass clippings are not recyclable and shall be disposed of accordingly. Any resident who otherwise provides for the proper disposal of leaf waste through composting shall not be required to comply with the provisions of this section.
B. 
Collection.
[Amended 10-14-2010 by Ord. No. 2010-794]
(1) 
Each person or entity who or which generates municipal waste shall have such waste collected by a municipal waste collector who is legally operating within the Township, and such collections shall be no less frequent than one time per week.
(2) 
All recyclable materials shall be collected by a municipal waste collector. The municipal waste collector shall collect recyclable materials at least once per week. Leaf waste shall be collected by the Township in accordance with the schedules established annually by the Township's Department of Public Works.
C. 
Prohibition.
[Amended 10-14-2010 by Ord. No. 2010-794]
(1) 
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.
(2) 
The burning of any recyclable materials and/or municipal waste as defined in this chapter, and leaf waste, as defined in Act 101, known as the “Municipal Waste Planning, Recycling and Waste Reduction Act of 1988,"[1] is prohibited.
[1]
Editor’s Note: See 53 P.S. § 4000.101 et seq.
D. 
Notice of violation. Any person who shall violate the provisions of this § 91-4 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 made in compliance with the regulations[1] to be adopted by the Board of Supervisors of Upper Merion Township to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Board of Supervisors and, when so approved, shall have the same force and effect as the provisions of this article. Said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.
[1]
Editor's Note: See Article II of this chapter.
[Amended 12-31-1991 by Ord. No. 91-593; 10-14-2010 by Ord. No. 2010-794]
A. 
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 as set forth in Art. III, General Penalty Provisions, of Ch. 1, General Provisions. 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.
B. 
The failure of the Township to enforce any provisions of this article shall not constitute a waiver by the Township of its rights of future enforcement hereunder.
[Amended 6-4-1990 by Ord. No. 90-575]
Except as set forth below, this article shall become effective July 1, 1990. The provisions of § 91-8 shall become effective on September 1, 1990.
[Added 6-4-1990 by Ord. No. 90-575]
The following provisions apply to the separation and collection of materials from commercial, institutional and municipal establishments throughout the Township.
A. 
Separation.
(1) 
All persons owning commercial, institutional, multifamily residential or municipal establishments in Upper Merion Township, in cooperation with their respective haulers, shall be responsible for providing a system to source separate and collect recyclable materials. The system must provide for suitable containers for the collection of these materials and must be placed adjacent to containers for municipal waste (i.e., generators should have to travel no additional distance to place recyclables in outside containers than they travel to dispose of their normal municipal waste). In addition, written instructions to the occupants and the Township recycling officer concerning that which must be recycled and the use and availability of the collection system must be provided yearly, and at change of tenant. Owners, adhering to the aforementioned protocols regarding instructions to their tenants, shall not be held responsible for the noncompliance of occupants in regard to said occupant's obligation to separate recyclable materials.
[Amended 2-6-2003 by Ord. No. 2003-726]
(2) 
Leaf waste. All persons owning commercial, institutional or municipal establishments who gather leaves and are not served by the Township's leaf collection program shall arrange for the separation of leaf waste from municipal waste for disposal or processing of the leaves at a composting facility.
(3) 
All persons owning commercial, institutional, multifamily residential or municipal establishments which use a multifloor chute system for the disposal of waste shall provide for the collection of noncombustible recyclable materials at each floor level.
[Added 2-6-2003 by Ord. No. 2003-726]
B. 
Collection.
[Amended 10-14-2010 by Ord. No. 2010-794]
(1) 
Each person or entity who or which generates municipal waste shall have such waste collected by a municipal waste collector who is legally operating within the Township, and such collections shall be no less frequent than one time per week.
(2) 
The method of collection of the recyclable materials for disposition shall be the responsibility of the person who generates the recyclables (i.e., generator) or a municipal waste collector designated by the generator for the collection and disposal of its recyclable material.
C. 
Prohibition. No person shall mix municipal waste in containers to be used for the separation and collection of recyclables. No person shall mix recyclable materials in containers used for the separation and collection of municipal waste.
D. 
Exemptions. The Township shall be notified by the owner if either of these two exemptions apply.
(1) 
Commercial establishments that reuse recyclable materials as part of their manufacturing or processing operations shall be exempted from recycling those items being reused.
(2) 
Commercial, institutional or municipal establishments that have on-site captive commercial disposal facilities used for the exclusive disposal of municipal waste generated at the establishment shall be exempted from recycling those items used in stated facility.
[Adopted 6-4-1990 as Res. No. 90-30[1]]
[1]
Editor's Note: This resolution supersedes former Article II, Rules and Regulations, adopted 6-19-1990 by Res. No. 89-34.
The following regulations are hereby adopted in their entirety and shall be effective so as to coincide with the effective date of the provisions of the terms of the enabling ordinances.
A. 
The provisions of the Municipal Waste Collection and Recycling Ordinance[1] and all regulations adopted thereunder relating to the storage and collection of municipal waste and other discarded materials are applicable to all commercial, institutional, municipal and residential establishments.
[1]
Editor's Note: See Article I, Waste Collection and Recycling, of this chapter.
B. 
The provisions of the Municipal Waste Collection and Recycling Ordinance and all resolutions adopted thereunder relating to the separation, storage and collection of recyclable materials are applicable to all commercial, institutional and municipal and residential establishments except those exemptions noted in § 91-8D.
[Amended 2-6-2003 by Ord. No. 2003-726]
A. 
Recyclable materials.
(1) 
Aluminum.
(2) 
Steel and bimetallic cans.
(3) 
Clear and colored glass, including bottles and jars made of clear and colored glass, but excluding porcelain and ceramic products.
(4) 
Newsprint and high-grade office paper.
(5) 
Corrugated paper, including all material commonly referred to as "cardboard."
(6) 
Plastics, specifically including 1 and 2 plastic containers so marked.
(7) 
Any other material collected for recycling from an establishment by agreement between the particular establishment and its waste hauler.
B. 
Noncombustible recyclable materials:
(1) 
Aluminum.
(2) 
Steel and bimetallic cans.
(3) 
Clear and colored glass, including bottles and jars of clear or colored glass, but excluding porcelain and ceramic products.
The Township shall have the right to refuse to register, to cancel a registration or to refuse to renew a registration upon the occurrence of any of the following:
A. 
If the collector shall so load or operate any vehicle within the Township in such a manner as to allow trash, etc., to fall upon public roads or upon lands abutting the public road;
B. 
If the collector fails to place the containers and their lids or covers at the location of their collection in an orderly manner;
C. 
If the collector fails to provide residents with containers for the storage and collection of recyclable materials;
D. 
If the collector fails to provide for the proper disposal of any trash or recyclable materials collected within the Township;
E. 
If the collector otherwise creates a public nuisance;
F. 
If the collector otherwise fails to comply with the provisions of Chapter 91 of the Code of Upper Merion Township; or
G. 
If the collector fails to obtain the county license in accordance with the provisions of the Waste System Authority of Eastern Montgomery County.
A. 
All trash, rubbish or garbage stored outside of an enclosed building must be stored in closed watertight containers.
B. 
Each dwelling other than single-family residences and each commercial, industrial, institutional or recreational building or establishment within the Township shall provide an enclosed area with curb stops on three sides for the storage of trash receptacles to be located on a paved area with the required setback from the property line of the zoning district. All trash from such dwelling, buildings and/or establishments other than single-family residences shall be stored in exterior trash receptacles in such an enclosed area. The enclosure around any such trash and refuse area must shield the area from the direct view of any adjacent property, and the walls enclosing the area must be at least six feet high unless the Building Official decides that a higher wall is necessary because of a difference of property elevations. In no case shall a wall in excess of 10 feet be required. The wall shall stand at least three feet above any receptacles in the area.
C. 
Any waste other than municipal waste and recyclable materials must be disposed of in accordance with all government regulations applying to that waste.
D. 
Containers or receptacles for the sole purpose of holding recyclable materials need not be maintained in enclosed areas as in § 91-13B unless required by the Township.
[Amended 8-14-1997 by Ord. No. 97-660; 11-6-1997 by Ord. No. 97-663; 10-14-2010 by Ord. No. 2010-794]
No trash, rubbish, garbage or recyclable material container shall be placed at the curb or in the front yard of any lot except during the period beginning at 4:00 p.m. on the day prior to the scheduled collection and ending at 12:00 midnight on the day of the scheduled collection. In the event that collection does not take place at the scheduled time or on the scheduled day for collection and a violation of this section of this article results from such unscheduled change in collection date or time, then, upon proof by the affected resident of such unscheduled change in collection date or time, the Township will hold the contracted collector responsible for any fines or fees for violation and will not hold the affected resident so responsible.
[Amended 2-6-2003 by Ord. No. 2003-726; 10-14-2010 by Ord. No. 2010-794]
Municipal waste placed at the curb or street line for collection must be in closed waterproof containers. Recyclable materials placed at the curb or street line for collection must be in containers clearly marked as recyclable materials. No such trash and/or recyclable containers shall exceed 50 pounds and shall not be placed in the street.
For residential establishments, collectors shall collect municipal waste a minimum of one time per week and shall collect recyclable materials a minimum of one time per week, pursuant to schedules which shall be filed with the Township. The frequency of collection of recyclable materials from commercial, institutional or municipal establishments shall be determined so as to prevent an overflow of the containers.
The rate schedule required to be filed annually at time of registration with the Township pursuant to the ordinance shall apply only to those uniform rate schedules applicable to the collection of municipal waste and recyclable materials from residential establishments within the Township.
Municipal waste collectors shall carry public liability insurance in the amount of $500,000 and $1,000,000 for personal injury and $250,000 for property damage.
[Amended 2-6-2003 by Ord. No. 2003-726]
All haulers and proprietary generators shall be required to report and certify to the Township, on forms provided by the Township, the tonnage of recyclable materials collected from within the Township.
[1]
Editor’s Note: Former Art. III, Registration of Residents, adopted 7-10-1978 by Ord. No. 78-386, as amended, which immediately followed, was repealed 10-14-2010 by Ord. No. 2010-794.