Township of Whitemarsh, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 9-13-1990 by Ord. No. 605]
This article has been developed to implement municipal responsibilities under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988).[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Unless the context clearly indicates otherwise, the following words and phrases used throughout this article shall have the following meanings:
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term does not include source-separated recyclable materials.
[1]
NONRESIDENT
Commercial, institutional, municipal, or community organizations that are located within Whitemarsh Township.
[Added 2-7-2019 by Ord. No. 994]
PERSON
Any individual, partnership, association or corporation that owns or leases property within Whitemarsh Township.
RECYCLABLE MATERIALS
Materials generated by business or consumers which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials include the following: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and cardboard, plastics, and other materials as defined by the recycling processing center.
[Amended 2-7-2019 by Ord. No. 994]
RESIDENCE
Any single-family or other dwelling unit.
[Amended 2-7-2019 by Ord. No. 994]
RESIDENT
Person living in a residence.
SEASONAL LEAF WASTE
Leaves for seasonal collection for composting.
[Amended 2-7-2019 by Ord. No. 994]
YARD WASTE
Leaves, garden residues, shrubbery, grass clippings, and tree trimmings that can undergo composting.
[Added 2-7-2019 by Ord. No. 994]
[1]
Editor's Note: The definitions of "aluminum cans" and "glass," which immediately preceded this definition, and "newspaper" which immediately followed this definition, were repealed 2-7-2019 by Ord. No. 994.
There is hereby established a recycling program for the mandatory separation and collection of designated recyclable materials from all residences, multifamily residences, businesses or institutions in the Township for which waste collection is provided by the Township or any other collector. Collection of the recyclable materials to be recycled shall be made periodically by the Township, its designated agent or any other solid waste collectors operating in the Township.
[1]
Editor's Note: Former §109-21, Collection regulations, was repealed 2-7-2019 by Ord. No. 994.
A. 
All persons who are residents of the Township shall separate all designated recyclable materials, yard waste, and seasonal leaf waste from all other municipal waste produced at their property, store such recyclable material for collection, and place the same for collection in accordance with the regulations established hereunder.
[Amended 2-7-2019 by Ord. No. 994]
B. 
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with four or more dwelling units shall comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting of designated recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
C. 
The Township shall require written documentation from all owners, landlords, or agents of owners or landlords of all multifamily rental housing properties indicating their compliance with this section.
[Amended 2-7-2019 by Ord. No. 994]
[Amended 2-7-2019 by Ord. No. 994]
A. 
Persons shall separate all recyclable materials generated at any commercial, municipal, or institutional establishment or community activity within the Township and provide for the disposal of such materials by recycling.
B. 
All persons operating commercial, municipal, or institutional establishments and community activities within the Township shall submit written documentation showing that they are providing for separate collection of recyclable materials as required by this article.
C. 
All commercial, retail, and dining establishments must provide at least one recycling container on site accessible to customers.
D. 
Commercial, municipal, and institutional establishments must ensure that cleaning staff do not commingle recyclable materials with municipal waste.
All recyclable materials placed by a resident for collection by the Township pursuant to this article and regulations hereunder shall, from time of pickup, become the property of the Township, except as otherwise provided by § 109-25.
It shall be a violation of this article for any individual, partnership, association or corporation, other than the Township or one authorized by the Board of Supervisors, to collect recyclable materials placed by a resident for collection by the Township, unless such individual, partnership, association or partnership has prior written permission from the Township to make such collection. Each unauthorized collection in violation hereof from one or more residences on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials to any individual, partnership, association or corporation, whether operating for profit or not, provided that the receiving individual, partnership, association or corporation shall not collect such donated recyclable materials from the collection point without prior written permission from the Township to make such collection.
A. 
Except as hereinafter provided, any individual, partnership, association or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs of prosecution for each and every offense.
B. 
Any individual, partnership, association or corporation who shall violate the provisions of §§ 109-22 and 109-23 shall receive an official written warning of noncompliance for the first and second offenses. Thereafter, all such violations shall be subject to the penalties provided.
C. 
The Township reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.