[Adopted 11-15-2012 by Ord. No. 266-A[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
IV, Waste Management, adopted 10-26-2006 by Ord. No. 266.
This article shall be known and may be cited as the "Municipal
Solid Waste Management Ordinance of the Township of Lower Pottsgrove."
It is hereby declared to be the purpose of this article to coordinate
and to regulate the storage, collection, and disposal of all solid
waste materials as herein defined in order to protect the public safety,
health and welfare of the people of the Township of Lower Pottsgrove,
hereinafter referred to as the "municipality."
For the purpose of this article, the following words and phrases
shall have the meanings given herein:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (P.L. 556, No. 101, July 28, 1988).[2]
The residue resulting from the burning of wood, coal or other
combustible material. The definition excludes ashes resulting from
industrial processes.
A person, individual, partnership or corporation or employer
or agent thereof authorized by contract with the municipality to collect
solid waste, recyclable materials and leaf waste from residential
properties within the municipal collection area under the terms and
conditions of this article.
Large items of refuse, including but not limited to appliances,
furniture and tree branches, which require collection in other than
conventional compactor refuse collection vehicles. Bulk waste shall
also include tires and construction materials resulting from residential
remodeling.
A person, firm, company or other entity who is engaged in
the collection and/or transportation of solid waste, recyclable materials
and leaf waste and is licensed by Montgomery County.
All properties used for industrial or commercial purposes.
A controlled microbial degradation of organic waste to produce
a relatively nuisance-free product of potential value as a soil conditioner.
A facility at which composting is done.
A method of storage of refuse consistent with the provisions of § 198-55 of this article.
A site, location, tract of land, area or premises used or
intended to be used for solid waste disposal.
A site for the consolidation of waste from one or more sources
which has little or no management.
A parcel or parcels of land devoted to agriculture, either
to raising crops, livestock, poultry or pasture.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of food. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals
or human or animal excrement.
The Board of Commissioners of Lower Pottsgrove Township.
Solid waste that is especially harmful or potentially harmful
to public health. This shall include but not be limited to explosives,
toxic materials and medical waste. For purposes of this article, hazardous
waste does not include small quantities of such waste available on
a retail basis to the homeowners (e.g., aerosol cans, pesticides,
fertilizers, etc.).
Any device used for the burning of solid waste where the
factors of combustion, i.e., temperature, retention time, turbulence
and combustion air, can adequately be controlled.
Those properties that house or serve groups, e.g., hospitals,
schools and/or nursing homes.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
Any residential structure or group of structures, whether
attached or detached, permanent or temporary, of five or more dwelling
units including, but not limited to, apartments, condominiums, townhouses,
and mobile homes.
Collection of residential solid waste, recyclable materials
and leaf waste by an authorized collector under contract with the
municipality.
Residential properties immediately adjacent to a public street,
a street approved and intended to be dedicated as a public street
or a private street in which no more than 10 residential properties
are located, and provided that the Board of Commissioners determines
that a municipal collection can and should occur in furtherance of
public health, safety and welfare and that it is financially prudent
to do so. Properties that are excluded from the municipal collection
area include:
All multifamily properties;
Any residential property not specifically included in the municipal
collection area which does not have direct frontage on and access
to a public street;
Any residential property which is part of a community or planned
residential development with a community association or other management
authority which has elected and/or is currently contracting for private
collection of municipal waste and recyclable materials;
Any mobile home park or community;
Any commercial or institutional property; and
Any other property which the Board of Commissioners shall determine,
in its sole and absolute discretion, shall be excluded.
The Township of Lower Pottsgrove, Montgomery County, Pennsylvania.
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 any community activities
and any sludge not meeting the definition of "residual waste" or "hazardous
waste" in Act 97[3] 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 individual, firm, partnership, association, corporation,
institution or other entity.
All properties not identified as being included in the municipal
collection area. All properties located in the private collection
area shall be solely responsible for contracting with a collector
for disposal of solid waste in accordance with this ordinance and
paying all of the costs and fees associated therewith.
Those materials specified by the municipality for separate
collection in accordance with recycling regulations. Such materials
may include but not be limited to aluminum products, ferrous containers,
plastic containers, glass, yard wastes and paper.
The separation, collection, processing, recovery and sale
or reuse of metals, glass, paper, plastics and other materials which
would otherwise be disposed of as solid waste.
All solid wastes, except body wastes, and shall include but
is not limited to garbage, ashes, bulky waste and rubbish, except
that refuse shall specifically exclude hazardous waste and recyclables
as defined by this article.
Properties used as dwellings, including buildings having
up to four dwelling units in one building, but not including a multifamily
property.
Garbage, refuse and other discarded solid materials which
are generated from normal maintenance of a residential property.
Solid materials remaining after burning, including but not
limited to ashes, metals, glass, ceramics and unburned organic substances.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescible solid waste.
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material, including but
not limited to automobiles, metals, chemicals, shipping containers
or drums.
The controlled removal of reusable materials at a salvage
operation.
A Pennsylvania Department of Environmental Protection approved
method of disposing of refuse on land without creating nuisances or
hazards to the public health and safety. This is done by confining
refuse to the smallest practical volume and covering it with a layer
of earth at the conclusion of each day's operation or at such
more-frequent intervals as may be necessary.
Uncontrolled or unauthorized removal of solid waste materials
or recyclable materials, including those recyclable materials that
have been placed at the street curb for collection.
Any waste, including but not limited to municipal, residual
or hazardous waste, including solid, liquid, semisolid or contained
gaseous materials, but not including recyclable materials and leaf
waste.
The purposeful, systematic control of the storage, collection,
transportation, processing and disposal of solid waste and recyclable
materials.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
A.
All solid waste shall be collected and disposed of in accordance
with all federal and state laws and this ordinance.
B.
No person shall permit any solid waste to accumulate for a period
of longer than seven days upon property owned or occupied by said
person in the municipality.
C.
Owners and occupiers of residential property within the municipal
collection area are hereby required to make accumulated municipal
waste available for collection as scheduled under the terms hereof.
D.
All municipal waste accumulated on any residential property in the
municipality shall be collected, conveyed and disposed of by a collector
in accordance with the provisions of this article, except that recyclable
materials may be collected, conveyed and disposed of by property owners
from their own property for the intended purpose of depositing such
recyclable materials in recycling centers, provided that they comply
with the provisions of this article pertaining to refuse containers
and vehicles.
E.
All solid waste accumulated on multifamily, commercial and institutional
properties shall be part of the private collection area and shall
be collected, conveyed and disposed of by private contracts with collectors.
In all such contracts with a collector, the fee or payment shall be
a matter of private agreement between the owners or occupiers and
the collector.
F.
It shall be unlawful for any person to collect and dispose of any
solid waste within the municipality, except as provided in this article.
Scavenging or other unauthorized removal of solid waste placed at
the curb of any street shall be unlawful.
A.
It shall be unlawful to keep or allow in or about any property within
the municipality solid waste of any kind which is obnoxious or offensive
by reason of dust or odor or which attracts insects and vermin, except
in covered receptacles. The cover shall be tight and insectproof.
It shall be unlawful to retain accumulation of any of said solid waste
so as to constitute a menace to the health and safety of any person,
it being a presumption that such a menace exists when more than seven
days have elapsed after such solid waste is originally retained, accumulated
or permitted to accumulate; and nothing herein contained shall be
construed to permit the retention of any solid waste which is or becomes
obnoxious or offensive by reason of dust or odor or which attracts
insects or vermin.
B.
No volatile liquids, explosives, radioactive material or containers
which would explode upon contact with heat or fire shall be placed
for collection, except small (retail-sold) spray cans.
C.
No hazardous waste shall be stored or placed for collection on Residential
Properties except for small quantities of such waste normally found
in the household and available on a retail basis to the homeowner.
A.
Every person shall provide sufficient approved containers for receiving
and holding solid waste. Containers shall be kept in a sanitary condition
at all times.
B.
Garbage (food waste) and rubbish shall be stored in a container which
shall have a tight-fitting cover, have suitable handles, be watertight,
insectproof and animalproof and be able to be carried easily by the
collector.
C.
Garbage (food waste) shall be drained of liquids.
D.
Containers shall be kept tightly covered at all times.
E.
Containers shall be of not more than 35 gallons in capacity for Residential
Properties, except by special permission by the municipality.
F.
Containers shall not be placed at the curb for collection before
4:00 p.m. on the day preceding a scheduled collection day. Empty containers
shall be removed from the curb by 10:00 a.m. the day following collection.
G.
All solid waste shall be stored in containers, except yard waste,
magazines or books.
H.
Grass clippings shall not be placed for collection. On-site recycling
of grass clippings is highly encouraged.
I.
The municipality specifically reserves the right to modify and to
specifically provide for some other receptacle for handling of solid
waste which the Township Manager may deem to be acceptable, appropriate
and beneficial for handling of solid waste material.
A.
The municipality shall have the option of collecting municipal waste,
or it may contract with authorized collector(s) to provide the service,
or it may contract for collection service for Residential Properties
only and require private collection service for multifamily, commercial
and institutional properties.
B.
Collection requirements.
(1)
All residential municipal waste shall be collected at least once
each week. All institutional, commercial and multifamily solid waste
shall be collected as often as required by generated volumes and environmental
problems, but not less than once each week.
C.
The collector shall establish and record a regular collection schedule.
If collection is scheduled once each week and the collection day falls
on a holiday, then the collector shall notify all customers of when
collection shall be made during the holiday week.
D.
All collection and transportation vehicles shall be constructed of
metal or other impervious materials, able to be enclosed or fitted
with a cover which will be used to prevent spillage of the contents.
All waste materials dropped on streets or roads shall be immediately
picked up.
E.
All vehicles shall be cleaned at sufficient frequency to prevent
odors, vectors and other nuisances.
A.
It shall be unlawful for any person to bury or burn wastes of any
kind within the municipality.
B.
It shall be unlawful for any person to store, collect, throw, place
or deposit or cause or permit to be thrown, placed or deposited any
waste of any kind upon any street, alley, sidewalk, body of water
or public or private property, except as provided in this ordinance.
C.
It shall be unlawful to violate any provision of this ordinance.
The Township Manager may petition the Court of Common Pleas
for an injunction, either mandatory or prohibitive, to enforce this
ordinance and any resolutions, rules and regulations promulgated hereunder.
A.
Any person who violates any of the provisions of this article shall
receive an official written notice of violation from the Township
for the first offense. Thereafter, all such violations shall be subject
to penalties hereinafter provided, without prior written notice.
B.
Any person who violates any provision of this article is guilty of
a summary offense which is punishable, upon conviction, by a fine
not exceeding $1,000 or by imprisonment for a period not exceeding
90 days, or both. Each day of violation is a separate and distinct
offense.
In the case of neglect or refusal of any owner or occupant to
comply with the provisions of this article, the violation may be corrected
by any officer, employee or agent of the municipality designated by
the Township Manager, and the cost of such removal, with an additional
penalty of 10% as provided by law in the case of nuisances, shall
be collected in the manner provided by law for the collection of municipal
claims, either by the filing of a lien, civil action or any other
authorized manner. Notice of the violation and the municipality's
intent to cure the violation shall be posted upon the offending premises
at least 24 hours prior to any municipal remediatory action. However,
said notice of violation and intent to cure shall not be required
where the subject property has received two prior notices within any
twelve-month period.
The Township Manager, the Township Code Enforcement Officer
or any Township police officer is hereby granted the authority to
enforce this ordinance. It is noted that all state laws, including
but not limited to the First Class Township Code, International Property
Maintenance Code, and Pennsylvania Rules of Criminal Procedure are
applicable to the grant of the authority stated herein, which authority
shall be broadly interpreted.
A.
A service fee for municipal collection is hereby imposed for each
residential dwelling unit in the municipal collection area. Where
a residential property contains more than one dwelling unit, the fee
shall be for each unit. The fee shall be charged and billed to the
owner of each residential property or dwelling unit. The service fee
shall be established and revised from time to time by resolution of
the Board of Commissioners.
B.
The service fee shall not apply to any properties in the private
collection area.
C.
All bills for the collection of this service charge or fee shall
be sent to the affected property owners at such time and frequency
and in such manner as may be directed by the Township Manager.
D.
The face amount of the bill shall be due and payable 30 days from
the date of the bill. All funds received shall be deposited in the
proper accounts of the Township. The Township Manager may appoint
either the Township Authority or Treasurer to be the collection agent
for the Township, in which case the bills may be payable to the collection
agent and then delivered to the Township Finance Director. If the
bill is not paid within 30 days after the date of the bill, a ten-percent
penalty shall be added thereto. If the bill, plus penalty, is not
paid within 60 days after the date of the bill, the aggregate amount
thereof shall bear interest from the penalty date at a rate of 6%
per annum until paid in full. Any unpaid bills (together with penalties
and interest thereon, to the extent permitted by law) and all collection
costs, including but not limited to attorney's fees and court
costs, shall be a lien on the property served, which may be collected
by action in assumpsit and/or by lien filed in the nature of a municipal
claim as authorized by law.
The Board of Commissioners may, from time to time, adopt regulations
to carry out the intent and purpose of this article. Such rules and
regulations shall be approved by resolution of the Board of Commissioners
and, when so approved, shall have the same force and effect as the
provisions of this article. The said rules and regulations may be
amended, modified or replaced by resolution of the Board of Commissioners.
