[HISTORY: Adopted by the Board of Supervisors
of the Township of Worcester 10-15-2003 by Ord. No. 193.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 116, Recyclable Materials Management, adopted 2-19-2003
by Ord. No. 186.
This chapter shall be known as the "Municipal
Waste Collection and Recycling Ordinance."
A.
ACT 97
ACT 101
ALUMINUM
AUTHORITY
BIMETAL CANS
CORRUGATED PAPER
DEP
GLASS
GRASS CLIPPINGS
HIGH-GRADE OFFICE PAPER
HOUSEHOLD HAZARDOUS WASTE
LEAF WASTE
MAGAZINES and PERIODICALS
MIXED PAPER
MUNICIPAL WASTE
MUNICIPAL WASTE COLLECTOR(S)
NEWSPAPER
PERSON or ENTITY
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RESIDENT(S)
TOWNSHIP
WHITE GOODS
As used in this chapter, the following terms shall
have the meanings indicated:
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, Act of July 28, 1988, No. 101.1 as amended.
Empty, all aluminum beverage and food containers, commonly
known as "aluminum cans."
The Northern Montgomery County Recycling Commission which
is established as provided for in Act 101.
Empty food or beverage containers constructed of a mixture
of ferrous metal, usually tin or steel, and nonferrous metal, usually
aluminum.
Paper products made of a stiff, moderately thick paper board,
usually containing folds or alternating ridges, commonly known as
"cardboard."
The Pennsylvania Department of Environmental Protection.
Products made from silica or sand, soda ash and limestone;
the product may be transparent (clear) or colored (e.g., brown or
green) and used as a container for packaging (e.g., jars) or bottling
of various matter. Expressly excluded are noncontainer glass, window
or plate glass, light bulbs, blue glass and porcelain and ceramic
products.
The material bagged or raked during or after the cutting
of a lawn, field or similar grassed area. Leaf waste which contains
grass clippings shall be considered grass clippings.
All types of white paper, bond paper and computer paper used
in commercial, institutional and municipal establishments and in residences.
Small quantities of hazardous waste (as defined in Act 97)
available to a person or entity on a retail basis, such as pesticides,
certain paints, aerosol cans and fertilizers.
Leaves, garden residues, shrubbery, tree trimmings and similar
material, but does not include grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically has a gloss or
shine added to the paper. Expressly excluded are all other paper products
of any nature whatsoever.
All types of paper combinations, such as colored paper, carbonless
forms, ledger paper, paper envelopes, mixtures of high-grade office
paper and the like.
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 or hazardous
waste in Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials.
Any collector, remover, transporter and/or hauler of municipal
waste and/or recyclable materials collecting or transporting municipal
waste and/or recyclable materials for owners or occupants of property
in the municipality, including the municipality itself, if it undertakes
the collection of municipal waste, and pursuant to any regulations
that may be established by resolution and adopted pursuant hereto,
and pursuant to any intermunicipal agreement that may be subsequently
executed by the Township with the county or other municipalities.
A municipality shall be considered a municipal waste collector if
it provides manpower and equipment for the collection of municipal
waste.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
Any individual, firm, partnership, corporation, business,
association, institution, cooperative enterprise, trust, municipality,
municipal authority, federal institution or agency, state institution
or agency, other governmental agency, authority or any other legal
entity or group 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" or "entity" shall mean the officers and directors
of any corporation or other legal entity having officers and directors.
Empty plastic food and beverage containers. Due to the large
variety of plastics, the recycling regulations will stipulate the
specified types of plastics that may be recycled.
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Materials which may be recycled
include but are not limited to: clear glass, colored (brown or green)
glass, aluminum, steel and bimetal cans, high-grade office paper,
mixed paper, newspaper, corrugated paper and plastic containers.
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 group whatsoever
which is recognized by law as the subject of rights and duties, which
owns, leases or occupies a property located in the Township used as
a residence and having curbside collection of municipal waste.
Worcester Township.
Refrigerators, washing machines, clothes dryers, window air
conditioners, hot water heaters and other major home appliances.
B.
All terms not separately defined in this chapter that
are contained in Act 97 and Act 101 are incorporated herein by reference.
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 chapter to promote,
require and regulate recycling activities in the Township and to protect
the health, safety and welfare of residents.
B.
This chapter has been developed to meet and implement
municipal responsibilities established under Act 101.
C.
The Township's adoption of this chapter 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 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.
[Amended 8-18-2021 by Ord. No. 286]
A.
In accordance with the responsibilities set forth in this chapter,
the Township is authorized to establish rules and regulations related
to the separation, collection, processing and marketing of recyclable
materials and to enforce all such rules and regulations. The Township
shall determine the recyclable materials to be separated by a person
or entity and collected by the municipal waste collector. The Township
may modify the list of recyclable materials to be separated by a person
or entity and collected by the municipal waste collector by means
of a resolution.
B.
The Township shall, in conjunction with the municipal waste collectors,
be responsible for establishing an education program and together
shall conduct and maintain a comprehensive public information program
as follows:
(1)
The Township shall include articles and information on recycling
requirements and activities within regular newsletters or mailings
to residents and businesses in the community.
(2)
The municipal waste collectors shall, at least 30 days prior to the
start of the recycling program and at least every six months thereafter,
deliver or include with their invoices sent to customers an information
sheet on recycling. At the request of the municipal waste collectors,
the Township will, as a service to the municipal waste collectors,
provide facts relative to the requirements and operation of the recycling
program that can be utilized in the aforementioned information sheet.
C.
The municipal waste collectors shall be responsible for obtaining
all weight and volume quantity data. Said data shall be supplied to
the Township on a quarterly basis and fourth-quarter data shall be
supplied to the Township by January 15 for the preceding year, so
that the Township may submit reports in accordance with Act 101[1] and other applicable laws and submit applications for
recycling performance grants.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D.
Each person or entity in the Township, as required by Act 101, shall
be responsible for complying with the requirements of this chapter
for the separation of recyclable materials. This shall include tenants
and lessees occupying rented and nonowned property.
E.
Owners, landlords or agents of any leased or rented property, other
than single-family type homes or single-tenant-occupied property,
shall be responsible for publicly posting educational information
provided by the Township and/or municipal waste collectors, providing
appropriate recyclable material collection containers and providing
for pickup of such containers in accordance with this chapter. Owners,
landlords or agents of a leased or rented property occupied by a single
tenant may assign such responsibility to the tenant or lessee occupying
a property, in writing or through a lease or rental agreement.
F.
In accordance with Section 1501(c)(1)(iii) of Act 101, the Township
shall exempt persons occupying commercial, institutional and municipal
establishments from the requirements of this chapter if they have
otherwise provided for the recycling of materials designated by this
chapter. To be eligible for this exemption, the commercial, institutional
or municipal waste generator must provide, on a quarterly basis, written
documentation to the Township of the total quantity of each material
recycled. Fourth-quarter data shall be supplied to the Township by
January 15 for the preceding year.
[Amended 8-18-2021 by Ord. No. 286]
A.
Residents of the Township shall have trash and recycling services
that allow for the legal disposal of municipal waste or dispose of
waste in accordance with Montgomery County's Waste Plan.
B.
Each person or entity in the Township must be responsible for complying
with the requirements of this chapter for the separation of recyclable
materials. This shall include tenants and lessees occupying any rented
or nonowned property.
C.
Owners, landlords or agents of any leased or rented property, other
than single-family type homes or single-tenant-occupied property,
shall be responsible for publicly posting educational information
provided by the Township and/or municipal waste collectors, providing
appropriate recyclable material collection containers and providing
for pickup of such containers in accordance with this chapter. Owners,
landlords or agents of a leased or rented property occupied by a single
tenant may assign such responsibility to the tenant or lessee occupying
a property, in writing or through a lease or rental agreement.
D.
In accordance with § 1501(c)(1)(iii) of Act 101,[1] persons are required to separate high grade office paper,
aluminum, corrugated paper and leaf waste and other materials deemed
appropriate, generated at commercial, municipal, or institutional
establishments and from community activities. In accordance with § 1501(c)(1)(iii)
of Act 101, exempt persons occupying commercial, institutional and
municipal establishments from the requirements of this chapter if
they have otherwise provided for the recycling of materials designated
by this chapter. To be eligible for this exemption, the commercial,
institutional or municipal waste generator must provide, on a quarterly
basis, written documentation to the Township of the total quantity
of each material recycled. Fourth-quarter data shall be supplied to
the Township by January 15 for the preceding year.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 8-18-2021 by Ord. No. 286]
A.
The collection equipment and transportation vehicles used for the
collection of municipal waste within the Township shall be of the
closed-body type with an automatic compactor unit and said collection
equipment and transportation vehicles shall be labeled to indicate
the name of the municipal waste collector and shall further indicate
that the vehicle is transporting municipal waste or recyclable materials.
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 and white
goods, provided such items are separately collected in accordance
with regulations established by the Board of Supervisors of the Township
by a resolution. 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.
B.
Each person or entity interested in becoming a municipal waste collector must provide 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 at the request of the Township. Such insurance shall be in amounts set forth in § 128-5 of the Solid Waste Management Ordinance.[1]
C.
Each municipal waste collector shall, on the first day of each calendar quarter, file a rate schedule with the Township showing the rates to be charged to its customers for the collection of municipal waste and recyclable materials. Such rate schedule 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. Each municipal waste collector shall file a map with the Township on the first day of each calendar year, or upon changes of its routes, showing the areas of the Township in which it operates and a timetable setting forth the days of collection. Collections of municipal waste and recyclable materials by municipal waste collectors shall take place solely between the hours set forth by the Board of Supervisors by resolution, as described in § 128-8.
D.
The collector shall be responsible for the bulk ordering and purchasing
of recycling containers for residents. One recycling container shall
be provided for each residential unit (with the possible exception
of one container to serve two or more multifamily residential units)
in the Township. Residents may use recycling containers other than
those obtained from the collector, provided said recycling containers
are appropriately labeled or otherwise identified as containers for
recyclable materials.
E.
Each municipal waste collector shall be responsible for complying
with the requirements of this chapter for the collection, processing
and marketing of recyclable materials.
F.
Municipal waste collectors shall be responsible for coordinating
the collection of leaf and yard waste, how the waste shall be packaged,
and shall properly dispose of the waste at a location approved by
the Pennsylvania Department of Environmental Protection.
[Amended 8-18-2021 by Ord. No. 286]
Nothing in this chapter shall prohibit the Township from assigning
a portion or all of its responsibilities under Act 101[1] and this chapter to another entity. Such assignment of
responsibility will be accomplished in accordance with Section 304(c)
of Act 101 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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 8-18-2021 by Ord. No. 286]
A.
Every resident of the Township shall be required to separate, at
a minimum, newspaper, aluminum, clear glass, colored glass, bimetal
cans and plastic products identified with either a No. 1 or a No.
2 for recycling. Commercial, municipal and institutional establishments
shall be required to separate, at a minimum, high-grade office paper
and corrugated paper from municipal waste in addition to aluminum.
The Township may require that residents and commercial, municipal
and institutional establishments separate other recyclable materials
by regulations established by resolution of the Board of Supervisors.
B.
Every person or entity must separate household hazardous waste and leaf waste from the recyclable materials and other municipal waste. It is the responsibility of a person or entity to dispose of household hazardous waste in accordance with applicable law. Provisions for the collection or use of leaf waste shall be the responsibility of the municipal waste collectors as more fully set forth in § 116-12.
C.
All occupants of single-family homes, townhomes, rowhouse-type residences
and all other dwellings where individual municipal waste collection
occurs shall maintain a separate container of the type specified or
provided by the Township or municipal waste collector to collect all
designated recyclable materials in a commingled or modified commingled
(e.g., different materials separated into brown paper bags and placed
in the container) fashion, as established by the municipal waste collector.
No municipal waste or recyclable material container shall be placed
at the curb or in the front yard of any resident's property except
during the period beginning at 6:00 p.m. on the evening prior to the
day of scheduled collection, and the empty container shall be removed
by 12:00 midnight on the day of scheduled collection. Newspapers may
also be placed in brown paper, grocery store bags or bundled and tied,
both across and lengthwise, with rope or cord and kept dry prior to
collection, and placed at curbside with the recycling container. No
such municipal waste containers or recyclable material containers,
including bundles of newspapers, (other than containers supplied by
municipal waste collectors) shall weigh more than 50 pounds, and containers
or bundles shall not be placed in the cartway. Municipal waste placed
at the curb or street line for collection must be in closed, waterproof
containers.
D.
Owners or landlords of any multifamily residential units, such as
apartments or condominiums where individual residential refuse collection
does not occur, shall be responsible for providing suitable containers
or dumpsters for recyclable materials. Such containers or dumpsters
shall be provided through arrangements with a municipal waste collector,
and source-separated or commingled recyclable material containers
or dumpsters may be utilized. The containers or dumpsters must be
provided at easily accessible locations, and written instructions
must be provided to the occupants concerning the use and availability
of such containers or dumpsters. Owners or landlords of multifamily
residential units who comply with the requirements of this section
shall not be liable for the noncompliance of any person or entity
occupying their buildings as such noncompliance relates to separation
of materials. All tenants or lessees of multifamily residential units
shall be responsible for separating recyclable materials and placing
them in the containers or dumpsters provided for such purposes.
E.
Owners or landlords of any institutional, commercial, business or industrial establishment shall be required to meet the same requirements in Subsection D hereof unless such responsibilities are specifically assigned, in writing, to the tenant or lessee of such property. Such assignment may only occur, however, where a single tenant occupies the entire leased or rented property.
[Amended 8-18-2021 by Ord. No. 286]
A.
The municipal waste collector shall, in providing refuse collection
and disposal services to a single-family residential home, also provide
for the collection of recyclable materials. Where once-or twice-a-week
municipal waste collection is provided, the municipal waste collector
must provide at least once-a-week recyclable material collection.
Customers using once-a-month municipal waste collection must have
recyclable materials collected at least once a month. Where a customer's
designated day for the collection of recyclable materials falls on
a holiday, the municipal waste collector shall collect recyclable
materials on another day and shall notify those customers affected
of that change. On January 30 of each year, the municipal waste collector
shall provide proof to the Township that the collection of recyclable
materials by it can be undertaken in accordance with the requirements
of this chapter.
B.
The collection of recyclable materials for all establishments, other
than single-family residential homes, shall be on an as-required basis.
The collection of recyclable materials for all establishments, other
than single-family residential homes, shall be on a monthly basis,
at a minimum.
C.
No municipal waste collector shall be permitted to allow recycling
containers or dumpsters to fill beyond capacity and shall schedule
the frequency of such collection accordingly.
[Amended 8-18-2021 by Ord. No. 286]
A.
The municipal waste collector shall be responsible for the processing
and marketing of the recyclable materials. Such activities may be
conducted by the municipal waste collector or any agent thereof or
a private entity conducting such business, a nonprofit entity able
to undertake such effort or any governmentally owned or operated facility
capable of such functions.
B.
The municipal waste collector shall, prior to initiating processing
and marketing activities, provide the Township with a summary of its
proposed efforts, including the location of the facility(ies) to which
the recyclable materials will be delivered, to the maximum extent
possible. Any such facility(ies) shall be appropriately licensed and
permitted. Updates shall be provided as changes are made.
C.
The municipal waste collector shall, as part of its recording activities,
provide a detailed listing of where the recyclable materials are sold
or deposited and the weights of each of the recyclable materials so
delivered. The municipal waste collector shall, upon request, provide
the Township with copies of applicable licenses or permits of the
ultimate facility(ies) to which the recyclable materials will be delivered.
[Amended 8-18-2021 by Ord. No. 286]
A.
All recyclable materials and municipal waste placed at curbside for collection or in any container or dumpster designated for recyclable materials shall become the property of the municipal waste collector providing the service, except as outlined in § 116-12.
B.
It shall be a violation of this chapter for any person or entity, other than the municipal waste collector providing the service, to collect or remove any of the recyclable materials from their designated collection location, except as outlined in § 116-11. Each unauthorized collection from one or more designated locations on one calendar day in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 8-18-2021 by Ord. No. 286]
A.
Any person or entity may utilize alternative recycling methods, other
than collection by a municipal waste collector, to accomplish the
purpose of reutilizing recyclable materials, Recyclable materials
may be donated or sold to any person or entity, whether operating
for profit or not, provided that the recycler shall not utilize alternate
recycling methods without prior written permission from the Township.
Such materials must be delivered to the alternate recycling site or
arrangements made with the alternate collector to pick up the recyclable
materials at a time that will not interfere with the operations of
the municipal waste collector. Each person or entity accepting recycled
materials under this section must provide quarterly written documentation
to the Township of the total quantity of each material recycled.
B.
The Township shall permit an alternative recycling program to be
developed in accordance with Section 1501(h) of Act 101[1] if the requirements of that section can be complied with.
The Township shall, before implementation of the program, review and
approve the program. The municipal waste collector conducting the
program must provide quarterly written documentation to the Township
of the total quantity of each material recycled.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 11-21-2007 by Ord. No. 221; 8-18-2021 by Ord. No. 286]
A.
The Township hereby authorizes establishment of a program for curbside
collection of leaf waste at least once during the spring and at least
once during the fall of each year. In the event leaf waste is not
collected curbside at least once a month, the leaf waste program shall
be augmented by designation of a drop-off compost facility for haulers
and residents to utilize which must be open at least once per month
for leaf waste which is generated between scheduled collections.
B.
Leaf waste collection shall be conducted by a private municipal waste
collector. All leaf waste shall be disposed at a compost facility
approved by the Pennsylvania Department of Environmental Protection,
and in accordance with all applicable state guidelines.
C.
All private municipal waste collectors shall provide the Township
with the name and address of the facility(ies) where the leaf waste
will be disposed and report the quantity in tons or cubic yards. Leaf
waste shall not be commingled with any other municipal solid waste.
The disposal of leaf waste at a sanitary landfill, waste-to-energy
facility or any other noncomposting facility is strictly prohibited.
D.
The methodology for separating and collecting leaf waste shall be
established by the Township and implemented by the Township and communicated
to participating private municipal waste collectors and residents.
The leaf waste collection guidelines set forth in this section are
intended to be general in nature. The actual leaf waste collection
and education program shall be established in more detail by the Township
and is subject to modification as needed from time to time, provided
any modifications to the program comply with this section and the
most recent requirements of the Pennsylvania Department of Environmental
Protection.
E.
Leaf waste shall not be left at curbside more than 24 hours prior
to collection and shall not be left in a form which obstructs the
flow of traffic or affects the performance of drainage facilities
or catch basins.
[Amended 8-18-2021 by Ord. No. 286]
A.
All municipal waste collectors shall keep records of the quantities
of recyclable materials collected in the Township. The records shall
include the weight of the total quantities of recyclable materials
and total quantities of municipal waste and an estimate of the corresponding
volume of material for both recyclable materials and municipal waste.
Estimates of the individual components comprising the commingled recyclable
materials shall also be provided. Written reports shall be provided
to the Township on reporting forms provided by the Township and shall
include the name and location of the processing center and/or recyclable
materials dealer and the weights of each of the recyclable materials
delivered to such center and/or dealer and shall be submitted in accordance
with the time schedules established in this chapter.
B.
Leaf waste quantities shall be recorded by the municipal waste collector
collecting such materials. Such quantities may be in the form of estimates
on either a cubic yard or tonnage basis collected, and written documentation
of the total quantity of leaf waste collected must be provided to
the Township by January 31 of each year for materials collected in
the preceding calendar year.
[Amended 8-18-2021 by Ord. No. 286]
A.
Any person or entity who shall violate the provisions outlined herein regarding the separation of recyclable materials shall receive an official written warning of noncompliance from the Township for the first offense. Thereafter, all such violators of the provisions of this chapter shall, upon being adjudged guilty of violating this chapter before any Justice of the Peace having jurisdiction within said Township, be sentenced as provided in Chapter 1, Article II, General Penalty.
B.
Any person or entity who shall violate the provisions outlined herein
regarding the unauthorized collection of recyclable materials shall
be liable for payment of a civil fine in accordance with regulations
established by the Board of Supervisors of the Township by resolution.
C.
No municipal waste collector shall knowingly collect municipal waste
which contains recyclable materials or leaf waste. The municipal waste
collector shall provide a person or entity violating the provisions
contained herein regarding the separation of recyclable materials
with written notice for the first offense and also provide the Township
with the same written notice. Any municipal waste collector who shall
knowingly violate the provisions of this section and collect municipal
waste containing recyclable materials or leaf waste from a person
or entity who has previously been notified by the Township and/or
a municipal waste collector of noncompliance shall receive an official
warning for the first offense. The municipal waste collector shall,
for subsequent offenses within a two-year period of the warning, be
liable to a civil fine in accordance with regulations established
by the Board of Supervisors of the Township by resolution.
[Amended 8-18-2021 by Ord. No. 286]
This chapter shall be construed under the laws of the commonwealth.
[Amended 8-18-2021 by Ord. No. 286]
The Township may, from time to time, modify the regulations
adopted in accordance with this chapter or make modifications to this
chapter.
[Added 8-18-2021 by Ord.
No. 286]
Municipal waste collectors shall take the necessary steps to
implement the collection of recyclable materials upon the effective
date of this chapter.
