[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Merion 5-17-1978 by Ord. No. 1822, which
ordinance repealed former Ch. 82, Garbage, Rubbish and Refuse, adopted 12-20-1961 by Ord. No.
1372, as amended. Amendments noted where applicable.]
[Amended 5-10-1989 by Ord. No. 3146]
A.
ACCEPTABLE WASTE
ALLEYWAY
APARTMENT
COLLECTOR
CONTAINER
COUNTY
CURBSIDE
DWELLING
DWELLING UNIT
EXISTING CONTRACT
FAMILY
GARBAGE
GLASS
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LOT
MUNICIPALITY
MUNICIPAL WASTE
MUNICIPAL WASTE AUTHORITY
NEWSPAPER
NONPROCESSIBLE WASTE
OWNER
PERSON
PROCESSIBLE WASTE
REAR YARD
RECYCLING or RECYCLED
REFUSE
RENDERING MATERIAL
RESIDENTIAL COMPONENT
SINGLE AND SEPARATE OWNERSHIP
SINGLE-FAMILY DWELLING
SOURCE SEPARATION
TWO-FAMILY DWELLING
UNACCEPTABLE WASTE
WHITE GOODS
The following words and items used in this chapter
shall have the following meanings:
Municipal waste which is collected from the general public
or is otherwise consistent with Section 7701(e)(3)(B) of the Internal
Revenue Code of 1986, as amended, which is not unacceptable waste.
A private easement whose purpose is to allow access to multiple
adjacent single-family and multiple-family residences.
[Added 11-20-1991 by Ord. No. 3263;
amended 12-16-2015 by Ord. No.
4077]
A building designed for and occupied exclusively as a residence
for three or more families, each of which lives and cooks separately
and none of whom share a housekeeping unit
[Added 12-19-1990 by Ord. No. 3219]
Any person, other than one having a contract with the Township
of Lower Merion, who collects and transports garbage and/or refuse.
"Collector" shall also include a person who collects and transports
rendering material.[1]
County of Montgomery, Pennsylvania.[3]
The area within five feet of the paved edge of the street
or alleyway.[4]
[Added 11-20-1991 by Ord. No. 3263;
amended 8-3-1992 by Ord. No. 3290]
A building designed for and occupied exclusively for residential
purposes.
[Added 12-19-1990 by Ord. No. 3219]
A single unit providing complete, independent living facilities
for one family, including provisions for living, sleeping, eating,
cooking and sanitation.
[Added 12-19-1990 by Ord. No. 3219]
Any agreement or contract fully executed prior to the effective
date of this section for the collection, disposal or transportation
of municipal waste generated within Lower Merion Township.[5]
As defined in § 155-2.1 of the Code of the Township of Lower Merion.
[Added 12-19-1990 by Ord. No. 3219;
amended 2-26-2020 by Ord. No. 4184]
Includes any accumulation of animal, vegetable or other matter
resulting from the preparation, decay and dealing in or storage of
meats, fish, fowl, fruits and vegetables, including tin cans, containers
or wrappers disposed of along with such material, but shall not include
rendering material.
All products made from silica or sand, soda ash and limestone;
the product may be transparent, translucent or colored and may be
used as a container for packaging or bottling; but shall not include
ceramics, plate glass, mirrors, light bulbs or headlights.
[Added 7-18-1990 by Ord. No. 3200]
A school, college, church, hospital, sanatorium or similar
entity.
[Added 12-19-1990 by Ord. No. 3219]
Leaves, garden residues, shrubbery, tree trimmings and similar
materials, but not including grass clippings.
[Added 7-18-1990 by Ord. No. 3200; amended 12-19-1990 by Ord. No.
3219]
The Township of Lower Merion, a township of the first class
located within the County of Montgomery, Commonwealth of Pennsylvania.
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[7] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility.[8]
The Waste System Authority of Montgomery County created by
the county for purposes relating to municipal waste processing and
disposal and/or of the intermunicipal agreement for the disposal of
municipal solid waste and the County Waste Flow Ordinance.
Paper of the type commonly referred to as "newsprint," excepting
junk mail, flyers, books, magazines, gloss paper and telephone book
covers.
[Added 7-18-1990 by Ord. No. 3200]
That portion of acceptable waste which consists of white
goods, automobile tires in quantity or 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.
The owner or owners of any building or structure, whether
an individual, firm, corporation, association or partnership. The
owner of a group of five or more dwelling units held as a condominium
shall be the condominium association.
[Added 12-19-1990 by Ord. No. 3219;
amended 11-20-1991 by Ord. No. 3263]
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 chapter 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.[9]
That portion of acceptable waste which is not nonprocessible
waste.
Any location other than the area defined in the definition
of "curbside" as previously stated in this section.
[Added 11-20-1991 by Ord. No. 3263]
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.
Includes any waste product, solid or material having the
character of a solid rather than a liquid, composed wholly or partly
of such material as trash, rubbish, litter, industrial solid wastes
or domestic solid wastes from dwellings, apartments, markets, stores,
hotels, motels, restaurants, schools, churches, hospitals, colleges,
clubs and the like, but shall not include rendering material.
Includes clean edible fats and bones intended to be treated
by heat so as to separate the fats from animal tissue.
All acceptable waste generated by households within the township,
exclusive of multiple-family dwellings which are not included in the
calculation of the residential component pursuant to regulations of
the county.[10]
As defined in § 155-2.1 of the Code of the Township of Lower Merion.
[Added 12-19-1990 by Ord. No. 3219;
amended 2-26-2020 by Ord. No. 4184]
A building designed for and occupied exclusively as a residence
for only one family.
[Added 12-19-1990 by Ord. No. 3219]
The segregation and collection, prior to collection by the
Township, for the purpose of recycling of individual components of
acceptable waste, such as (without limitation) bottles, cans and other
recyclable materials as provided herein.
[Amended 12-16-2015 by Ord. No. 4077]
A building designed for and occupied exclusively as a residence
for two families.
[Added 12-19-1990 by Ord. No. 3219]
Explosives, pathological and biological waste, residual waste
and hazardous waste, radioactive materials, sludges, cesspools and
other human waste, human and animal remains, motor vehicles, liquid
waste, contained gaseous materials which may pose a hazard to the
facility or the community, hazardous substances, as defined in the
Federal Comprehensive Environmental Response, Compensation and Liability
Act, as it may be amended from time to time hereafter, and any analogous
federal, state or local law, ordinance, rule or regulation as may
be applicable at the time of delivery of waste to the facility, and
commercial waste which is not permitted by law to be treated and disposed
of in the facility; any item of waste either smoldering or on fire;
construction and demolition debris, ashes, incinerator residue and
foundry sand; wastes in quantities and concentrations which require
special handling in their collection and/or processing, including
medical or other "red bag waste"; and all other items of waste which,
at the time of delivery to the facility, would be likely to pose a
threat to health or safety or have been prohibited by any valid and
enforceable judicial decision, order or governmental action from being
accepted by the facility.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
[1]
Editor's Note: The former definition of "company," which immediately
followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
[2]
Editor's Note: The former definition of "contractor," which
immediately followed this definition, was repealed 12-16-2015 by Ord.
No. 4077.
[3]
Editor's Note: The former definitions of "county ordinance"
and "‘county system’ or ‘system,’" which immediately
followed this definition, were repealed 12-16-2015 by Ord. No. 4077.
[4]
Editor's Note: The former definition of "date of county system
operation," which immediately followed this definition, was repealed
12-16-2015 by Ord. No. 4077.
[5]
Editor's Note: The former definitions of "facility" and "facility
agreement," which immediately followed this definition, were repealed
12-16-2015 by Ord. No. 4077.
[6]
Editor's Note: The former definition of "municipal commitment,"
which immediately followed this definition, was repealed 12-16-2015
by Ord. No. 4077.
[7]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq.
[8]
Editor's Note: The former definition of "municipal waste authority,"
which immediately followed this definition, was repealed 12-16-2015
by Ord. No. 4077.
[9]
Editor's Note: The former definitions of "plan" and "point
of entry into the county system," which immediately followed this
definition, were repealed 12-16-2015 by Ord. No. 4077.
[10]
Editor's Note: The former definition of "service agreement,"
which immediately followed this definition, was repealed 12-16-2015
by Ord. No. 4077.
B.
All other capitalized words and phrases shall have
the same meanings as set forth in the Solid Waste Management Act of
the Commonwealth of Pennsylvania, Act of July 7, 1980, P.L. 380, No.
97, 35 P.S. § 6018.101 et seq., (Act 97) or the Municipal
Waste Planning, Recycling and Waste Reduction Act of the Commonwealth
of Pennsylvania, Act 101 of July 28, 1988, P.L. 556, (Act 101) as
they may hereafter be amended or supplemented by legislation regarding
municipal waste management or planning or as set forth in the IMA,
facility agreement or service agreement. To the extent that any definition
herein varies from the definition in the IMA, the definition in the
IMA shall control.
[1]
Editor's Note: Former §§ 82-2, Operation by licensed
collectors and transporters, as amended; 82-3, Disposal of municipal
waste, as amended; 82-4, Regulations, added 5-10-1989 by Ord. No.
3146; and 82-5, Annual survey, added 5-10-1989 by Ord. No. 3146, were
repealed 12-16-2015 by Ord. No. 4077.
[Added 5-10-1989 by Ord. No. 3146]
C.
Residents
provided municipal waste collection services implemented by the Township
shall be required to use such services for the collection of all municipal
waste generated by their households and to separate from other municipal
waste placed for collection those recyclable items set forth in regulations
issued by the Lower Merion Director of Public Works, with the concurrence
of the Board of Commissioners, including the following:
[Amended 2-20-1990 by Ord. No. 3180; 7-18-1990 by Ord. No. 3200; 12-19-1990 by Ord. No. 3219; 12-8-2010 by Ord. No. 3932; 12-16-2015 by Ord. No. 4077]
D.
Residents not provided municipal waste collection
services implemented by the Township shall be required to separate
from municipal waste placed for collection the following recyclable
items:
[Amended 7-18-1990 by Ord. No. 3200; 12-19-1990 by Ord. No.
3219]
(1)
Leaf waste.
(2)
At least three items, from municipal waste generated
at their dwelling units, chosen from the following; glass (clear or
colored) food or beverage containers; aluminum, steel and bimetallic
cans; high-grade office paper; newspaper; corrugated paper; and plastic
food or beverage containers.
E.
Commercial, institutional and business recycling.
Henceforth, persons occupying commercial, institutional and business
establishments shall be required to separate from other solid waste
placed for collection the following recyclable items:
[Added 7-18-1990 by Ord. No. 3200]
F.
An owner, landlord or agent of an owner or landlord
of a multiunit residential, commercial, institutional or industrial
property and a homeowners' association of any condominium, planned
residential development or cluster development, where such complex
is comprised of four or more units, shall establish a collection system
for recyclable materials at such complex. The collection system must
include suitable containers for the collection and separating of materials,
easily accessible locations for the containers and written instructions
to the occupants concerning the use and availability of the collection
system. Arrangements shall be made by such owner, landlord, agent
or homeowners' association for the collection of these materials by
private contractor if Township collection services are not provided.
Provided that they comply with the foregoing requirements, owners,
landlords, agents and homeowners' associations shall not be liable
for the noncompliance of occupants with their obligation to separate
recyclable materials.
[Added 7-18-1990 by Ord. No. 3200; 12-19-1990 by Ord. No.
3219]
G.
Hazardous waste, hazardous waste containers and improper
recyclables shall not be placed for pickup with recyclable items.
It is the responsibility of the person or entity required to separate
recyclable items to arrange for the disposition of hazardous waste
as required by law.
[Added 7-18-1990 by Ord. No. 3200]
H.
The Lower Merion Director of Public Works, with the
concurrence of the Board of Commissioners, may further implement mandatory
recycling by rules and regulations adopted pursuant hereto. In addition
to those other remedies set forth in this chapter, the Township or
refuse contractor may refuse to collect solid waste not separated
as provided herein or by regulation.
[Added 7-18-1990 by Ord. No. 3200; amended 12-16-2015 by Ord. No. 4077]
I.
All recyclables placed for collection by the Township
pursuant to this chapter shall, when thus placed, become the property
of the Township. However, any resident may donate or sell recyclable
items to any person, firm or corporation, whether operating for profit
or not, provided that the receiving person, firm or corporation shall
not collect such donated recyclable items from the collection of a
residence without prior written permission from the Township.
[Added 7-18-1990 by Ord. No. 3200]
J.
An owner, landlord or agent of an owner or landlord
of a commercial, institutional or industrial establishment or a residential
dwelling not receiving Township recycled waste collection services
shall annually report the total number of tons of municipal waste
which have been recycled in the previous year to the Director of the
Public Works Department, on a form and in such time and manner as
prescribed by the Director for such purpose. Such owner, landlord
or agent shall have a written contract with the entity providing recycled
waste collection services and shall make it available to the Director
of the Public Works Department, together with such other evidence
or information as the Director deems appropriate to confirm the information
reported.
[Added 12-19-1990 by Ord. No. 3219]
K.
Collectors of municipal waste from commercial, institutional
or industrial establishments, or from a residential dwelling not receiving
Township recycled waste collection services, shall annually report
to the Director of Public Works the owners and the addresses of all
such establishments, the amount of municipal waste collected, the
total amount of recycled municipal waste collected and marketed and
an estimate of the amount of recycled municipal waste collected and
marketed from each client. For all materials marketed, collectors
shall provide the Township with documentation on the letterhead of
the market or on forms provided by the market, signed by an authorized
representative verifying that the materials were received and identifying
the type and weight of the materials received. Estimates of weight
will not be accepted except in cases where:
[Added 1-18-1995 by Ord. No. 3381]
(1)
The material is packaged in uniform bales and the
average weight of a bale can be demonstrated; or
(2)
When multiple generators contribute to a known quantity of marketed material and the collector or market estimates the quantities allocable to any individual establishment, and verifies the estimate with his or her signature. Upon receipt of such information, the Director of Public Works may waive the requirement set forth in Subsection J above.
L.
Recycling
at events. Any person, institution or entity organizing or in charge
of an event on public or private property at which 200 or more persons
are expected to be present shall provide for the separation from other
municipal waste and for the collection of recyclable items, including
commingled glass, food or beverage containers; aluminum, steel or
bimetallic cans; and plastic food or beverage containers.
[Added 12-8-2010 by Ord. No. 3932]
[1]
Editor's Note: Former § 82-7, Creation of Authority,
was repealed 12-16-2015 by Ord. No. 4077.
[Added 5-10-1989 by Ord. No. 3146]
A.
It shall be unlawful for any person to:
[Amended 12-16-2015 by Ord. No. 4077]
(1)
Violate, cause or assist in the violation of any provision of this
chapter, any rule, regulation or order promulgated hereunder.
(2)
Transport, process, treat, transfer or dispose of, or cause to be
processed, treated, transferred or disposed of, municipal waste generated
within the Township except as provided for in this chapter.
(3)
(Reserved)
(4)
Hinder, obstruct, prevent or interfere with the Township or its personnel
in the performance of any duty under this chapter or in the enforcement
of this chapter.
(5)
Act in a manner that is contrary to Act 97 or Act 101, regulations
promulgated thereunder, the plan, this chapter, or rules or regulations
promulgated under this chapter.
B.
Any unlawful conduct set forth above shall constitute
a public nuisance.
[Added 8-1-1990 by Ord. No. 3202; amended 2-18-1998 by Ord. No.
3477; 1-18-2006 by Ord. No. 3768]
No person shall deposit containers for the collection
of municipal waste within the Township of Lower Merion without first
having registered as a collector for the current calendar year with
the Lower Merion Director of Building and Planning. Each registered
collector will be entitled to a permit for each container placed in
the Township for use by a customer to deposit waste for collection.
The fee for each permit shall be as set forth in the Township Schedule
of Fees, as adopted and amended from time to time by the Board of
Commissioners.[1] No container shall be placed for the collection of waste within the Township unless each such container prominently displays the permit sticker issued by the Township. The Township reserves the right not to issue or, if issued, to revoke a permit for any container whose condition is not in compliance with § 82-13 hereof. Application for a permit shall be made upon a form supplied by the Township. Permits will be issued by the Lower Merion Director of Building and Planning when the collector has complied with all of the provisions of this chapter and paid the prescribed permit fee.
[1]
Editor’s Note: Former § 82-8.2,
Documents required at time of registration, added 8-1-1990 by Ord.
No. 3202, as amended 2-18-1998 by Ord. No. 3477, was repealed 1-18-2006
by Ord. No. 3768.
[1]
Editor's Note: Former § 82-9, Licenses
not assignable; revocation, was repealed 2-18-1998 by Ord. No. 3477.
[1]
Editor’s Note: Former § 82-10,
Regulations applicable to all collectors, amended 11-18-1987 by Ord.
No. 3068 and 2-18-1998 by Ord. No. 3477, was repealed 1-18-2006 by
Ord. No. 3768.
[1]
Editor’s Note: Former § 82-11,
Vehicles collecting garbage and/or refuse, amended 11-18-1987 by Ord.
No. 3068, was repealed 1-18-2006 by Ord. No. 3768.
[Amended 11-18-1987 by Ord. No. 3068]
All vehicles used for collecting rendering material
shall be:
[Amended 2-18-1998 by Ord. No. 3477]
All collectors who furnish garbage and/or refuse
containers to their customers shall furnish and maintain all such
containers in leakproof condition and with operable lids which, when
closed, shall effectively prevent the escape of noxious odors, effluent,
refuse and garbage and which, when closed, shall effectively prevent
the entry of vermin and vectors into such containers. Furthermore,
the name, address and telephone number of the collector furnishing
any such garbage and/or refuse container shall be prominently displayed
thereon.
[Added 12-19-1990 by Ord. No. 3219]
A.
Statement of legislative intent. It is the purpose
and intent of this section to promote the public health, safety and
general welfare by providing for a system of collection and disposal
of garbage and refuse generated within the Township, combining public
and private resources in recognition and furtherance of the following:
(1)
The Commonwealth of Pennsylvania has enacted the Solid
Waste Management Act, Act of July 7, 1980, P.L. 380, Act No. 97, and
the Municipal Waste Planning, Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L. 556, Act No. 101.[1] The provisions of this section are intended to comply
with the provisions of those statutes and should be construed accordingly.
Words used herein shall have the definition as in those statutes.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
(3)
The Township cannot economically provide the equipment
required for the collection and disposal of the varied types of commercial,
institutional and industrial waste generated in the Township.
(4)
The types of collection facilities used and required
by most residential facilities having more than 50 dwelling units
are not adaptable to Township equipment, and the Township cannot economically
provide the additional, specialized equipment needed for collection
of municipal waste from such facilities.
(5)
Single-family and smaller multifamily residential
facilities cannot effectively bargain for trash removal services from
private haulers.
(6)
The public health, safety and welfare of the community
requires a municipally sponsored program of garbage and refuse removal
in order to prevent the accumulation of such waste on private and
public property.
(7)
Municipal waste removal services cannot be economically
provided by the Township to all properties. It is the intent of this
section to establish classes of public uses and to provide equal waste
removal service within such classifications.
(8)
The Township will maintain trash transfer facilities for the use
of the Township and, at a reasonable charge, for the use of its residents.
[Amended 12-16-2015 by Ord. No. 4077]
(9)
The types of recyclable materials generated by commercial
uses are markedly different that those generated by residential uses.
The Township cannot economically provide for the removal of all types
of recyclable materials generated within the Township and thus has
elected not to provide services to remove recyclable waste from commercial,
institutional and industrial uses.
B.
Eligibility.
(1)
Residential dwellings.
(a)
The Township shall provide for the collection
and disposal of municipal waste generated from all single-family dwellings,
all two-family dwellings and all apartments containing four or fewer
dwelling units except those located above commercial establishments.
[Amended 11-20-1991 by Ord. No. 3263; 10-21-2009 by Ord. No.
3893]
(b)
Upon the request of the owner, landlord or agent of an owner or landlord, the Township shall provide for the collection and disposal of municipal waste generated from an apartment or group of apartments containing more than four and up to a limit of 50 dwelling units except as set forth in Subsection B(1)(c) below, provided that the Township's collection regulations are complied with.
[Amended 11-20-1991 by Ord. No. 3263]
(c)
An apartment or group of apartments containing
more than 50 dwelling units shall not be eligible to receive municipal
waste collection and disposal services provided by the Township.
(d)
In determining the number of dwelling units
in an apartment, the Township will include all dwelling units within
dwellings situated on a lot or group of lots held in single and separate
ownership as of the effective date hereof.
(2)
Commercial, institutional or industrial establishments.
Commercial, institutional or industrial establishments shall not be
eligible for Township municipal waste collection and disposal services.
C.
Municipal waste not collected by Township.
D.
General regulations.
(1)
The storage of municipal waste between collection periods shall be
carried out in such a manner so as to avoid the creation of a public
nuisance. Containers for the storage of municipal waste shall have
tight-fitting covers, which shall be kept in place at all times, and
shall be placed between collection periods so as not to be visible
from a street.
[Amended 12-16-2015 by Ord. No. 4077]
(2)
Municipal waste shall be placed for collection regularly
and not be allowed to accumulate.
(3)
To avoid littering, containers shall not be overfilled
and shall be sealed with tightly fitting covers when placed for collection.
(4)
Garbage shall be drained of all liquids and wrapped
in paper before being placed in containers.
(5)
Township collectors shall not enter buildings, garages
or carports to remove or collect municipal waste.
(6)
Township collectors shall not solicit gratuities.
(7)
Driveways and other means of approach used by Township
collectors shall be kept clear of vehicles, equipment or other items
on collection days. If municipal waste containers are located more
than 100 feet from the street, an open route for collection vehicles
to gain access to the area where the containers are located must be
provided.
[Amended 10-21-2009 by Ord. No. 3893]
(8)
Dogs shall not be allowed to run loose on the property
on collection days.
(9)
All recycled waste shall be separated and placed for collection in accordance with § 82-6C of this chapter.
(10)
Special arrangements shall be made with the
Public Works Department for the collection of nonprocessible waste.
(11)
Live Christmas trees are to be placed at the curbline for separate
collection on regular collection days, one to three weeks following
Christmas Day. Such trees shall be free of all ornamentation and tree
stands.
[Amended 12-16-2015 by Ord. No. 4077]
(12)
The Director of the Public Works Department, or his designee,
with the concurrence of the Board of Commissioners, may establish
additional regulations setting forth the manner, days and times of
collection of recycled and nonrecycled waste, the types of waste required
to be recycled, and the bundling, handling and location of such waste
for collection. The regulations established under this section shall
include, but not be limited to, the manner and method of collection,
the manner of conducting public information and education programs
and the manner of enforcement of the provisions of this section.
[Amended 12-16-2015 by Ord. No. 4077]
E.
Time of collection.
(1)
Municipal waste shall be collected from the various
portions of the Township in accordance with a schedule approved by
the Director of the Public Works Department. The schedule shall provide
for a once-per-week collection of nonrecycled municipal waste and
leaf waste and a biweekly collection of recyclable commingled items
and newspaper.
(2)
Collections shall commence at 7:00 a.m., local time.
(3)
Containers placed for curbside collection may be put
out no earlier than 7:00 p.m. on the night before and no later than
7:00 a.m. on the day of collection; containers must be retrieved no
later than 9:00 p.m. of the day of collection.
[Amended 8-3-1992 by Ord. No. 3290; 12-15-2016 by Ord. No. 4077]
F.
Holidays. Municipal waste collections shall be suspended
on the following holidays: New Year's Day, Martin Luther King, Jr.,
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day. The Director of the Public Works Department shall approve
changes to the regular collection schedule due to the suspension of
collection on holidays.
[Amended 8-3-1992 by Ord. No. 3290; 10-21-2009 by Ord. No.
3893]
G.
Location of municipal waste for collection.
(1)
All municipal waste placed for collection must be
in a container placed at curbside or within five feet of the edge
of the cartway, be readily visible from the cartway, and be within
the same location each time it is offered for collection. The point
of collection must be adjacent to a street, alleyway or other cartway
kept free of snow or other obstruction and both constructed and maintained
to a standard that will allow ready access by a full-size Township
refuse truck.
[Amended 11-20-1991 by Ord. No. 3263; 10-21-2009 by Ord. No.
3893]
(2)
If the resident has contracted with the Township for
rear yard collection, or is otherwise entitled to rear yard collection,
the municipal waste container must be centrally placed outside of
a building on the ground in a readily accessible area. Municipal waste,
other than leaf waste, may be placed near the side or rear house line
on the driveway side of the house, if space and accessibility permit.
[Amended 8-3-1992 by Ord. No. 3290; 10-21-2009 by Ord. No.
3893]
(3)
Leaf waste shall be placed at the curbline.
[Amended 8-3-1992 by Ord. No. 3290]
(4)
Containers for recycled and nonrecycled waste shall
be kept separate and not intermingled.
(5)
In case of dispute, the Director of Public Works, or his designee,
shall determine the location to be selected for the placement of containers.
[Amended 12-16-2015 by Ord. No. 4077]
(6)
All municipal waste must be placed for collection
as provided herein. Municipal waste may not be placed for collection
in or alongside trash receptacles provided by the Township along streets
or on public property; nor may it be placed or commingled with municipal
waste placed for collection by private property owners.
[Added 4-19-1995 by Ord. No. 3391]
H.
Containers.
(1)
All nonrecyclable municipal waste collected by the Township shall
be placed in containers provided by and at the expense of the owner
or occupant where municipal waste is generated. The containers shall
be durable, watertight and made of galvanized metal or plastic. They
shall have tightly fitting covers that remain in use, be maintained
in good condition and be kept as sanitary as possible in a manner
consistent with their use. The containers shall be of a tapered design
with the top being wider than the bottom. They shall have a capacity
of not more than 48 gallons and shall not exceed 50 pounds when full.
[Amended 12-16-2015 by Ord. No. 4077; 11-13-2019 by Ord. No. 4173]
(2)
Recyclable commingled items, as enumerated in § 82-6C(1), and Township regulations, shall be placed in thirty-two gallon recycling containers available from the Township.
[Amended 12-16-2015 by Ord. No. 4077]
(3)
Newspaper shall be placed in paper shopping bags or
bundled with string.
(4)
Leaf waste must be placed in either biodegradable bags available
from the Township, paper shopping bags, or nondisposable containers
not exceeding a forty-five-gallon capacity. Branches may also be cut
in lengths not exceeding four feet and tied in bundles not exceeding
18 inches in diameter. Garden waste shall not be allowed to protrude
from containers.
[Amended 12-16-2015 by Ord. No. 4077]
(5)
Grass clippings are considered municipal solid waste and should be
placed in refuse containers for collection with other municipal waste.
[Amended 12-16-2015 by Ord. No. 4077]
(6)
All
other municipal waste shall be placed for collection in containers
sized as follows and subject to the following weight limits:
[Added 10-21-2009 by Ord. No. 3893; amended 11-13-2019 by Ord. No. 4173]
(a)
A single container having a twenty-gallon capacity or less with a
weight limit of 25 pounds; or
(b)
One or more containers having a forty-eight-gallon capacity or less
with a weight limit of 50 pounds; and/or
(c)
One or more containers each having a capacity of more than 48 gallons;
each increment of 48 gallons counts as one additional container. Municipal
waste placed for collection in a container having a capacity greater
than 48 gallons shall be placed in individual tightly sealed plastic
refuse bags within each container, each refuse bag weighing no more
than 50 pounds.
I.
Quantity limits. There shall be no limit on the number
of containers of nonrecyclable or recyclable municipal waste which
will be collected on any one collection day from each dwelling unit.
However, only one subscription at the rate for a twenty-gallon or
less container may be sold to a single dwelling unit.
[Amended 8-3-1992 by Ord. No. 3290; 10-21-2009 by Ord. No.
3893]
J.
Fees imposed for the disposal of nonprocessible (bulk)
waste. Each person requesting the collection and/or disposal of nonprocessible
waste shall be assessed a disposal fee established by the Director
of Public Works based on market conditions and published on the Township
website. Fees are due and payable at the time the collection request
is made.
[Amended 10-21-2009 by Ord. No. 3893; 12-15-2016 by Ord. No. 4077]
K.
Fees imposed for the collection and disposal of solid
waste.
[Added 11-20-1991 by Ord. No. 3263;
amended 8-3-1992 by Ord. No. 3290]
(1)
Fees imposed for the collection and disposal of municipal waste. There is hereby imposed a solid waste fee upon the property owner of record of each residential dwelling unit provided with or to be provided with Township municipal waste collection and disposal services. The solid waste fee shall permit collection at curbside of any number of containers depending on the subscription rate selected and paid for by the resident. The solid waste fee, subscription rates and fees for rear yard collection, if established, are set forth in Chapter A167.
[Amended 12-17-1997 by Ord. No. 3472; 12-16-1998 by Ord. No.
3510; 1-17-2001 by Ord. No. 3599; 10-21-2009 by Ord. No. 3893]
(2)
Forwarding of bills. All bills for the collection
of this fee will be forwarded to the affected property owners at such
time and in such manner as may be directed by the Township Manager.
(3)
Discount for timely payments; penalty for delinquent
payments. Property owners obligated for the payment of a solid waste
fee to the Township shall be entitled to a discount of 2% from the
amount of such fee upon making payment of the whole amount thereof
within two months after the date of the fee notice. Property owners
who shall fail to make full payment of any such solid waste fee charged
against them for four months after the date of the fee notice shall
be charged a penalty of 10%, which penalty shall be added to the solid
waste fees collected by the Township.
(5)
Termination of collection services. The Township shall
proceed to collect all such delinquent solid waste fees, together
with interest, penalties and costs accrued thereon, by action at law
and/or by filing liens for the same in the office of the Prothonotary
of the Court of Common Pleas of Montgomery County. In addition, if
the owner of an apartment containing five or more units neglects or
fails to pay a bill for solid waste fees for four months after the
date of the fee notice, the Township may terminate solid waste collection
services until all such overdue solid waste fees, together with interest,
penalties and costs thereon, shall be paid.
(6)
Notice of termination. In no case shall solid waste
collection services to any property terminate until 10 days after
written notice of an intention to do so has been mailed to the owner
of the property and, in addition thereto, there has been posted a
written notice of such impending termination of solid waste collection
services at a main entrance to the property. The Township Treasurer
or his authorized agent shall perform such mailing and posting.
(7)
Defense to termination. If during such ten-day period
the owner of the property delivers to the Township a written statement,
under oath or affirmation, stating that he has a just defense to the
claim, or part of it, for such fees or charges, then the collection
services shall not be terminated until the claim has been judicially
determined. Such statement shall also contain a declaration under
oath or affirmation that it was not executed for the purpose of delay.
(8)
Time schedules to be directory only. The foregoing
directions as to time to adopt annual ordinances and the time to mail
out bills and all other times specified herein shall be considered
directory only and not mandatory, and the failure to do one or all
of said acts on time shall not invalidate the ordinance passed, shall
not invalidate any bill rendered and shall not invalidate or forgo
the collection of any solid waste fees.
(9)
Senior rebate program. Persons 65 years of age or
older as of January 1 of the current year who have subscribed for
solid waste collection service from the Township for one or more containers
with a capacity of up to 48 gallons, who are solely responsible under
this subsection for payment of a solid waste fee for a property which
they occupy as their principal residence and whose prior year's annual
household income would qualify them to participate in the Pharmaceutical
Assistance Contract for the Elderly (PACE) or the Pharmaceutical Assistance
Contract for the Elderly Needs Enhancement Tier (PACENET) programs
sponsored by the Commonwealth of Pennsylvania may, on or before September
30 of the current year, apply for a rebate with respect to that payment
equal to 15% of the undiscounted one-can rate. The rebate will first
be applied to any prior year solid waste fee, including interest,
penalty and costs, then due and owing, and the balance, if any, will
then be remitted to the applicant.
[Added 3-17-1999 by Ord. No. 3522; amended 12-15-1999 by Ord. No.
3552; 10-21-2009 by Ord. No. 3893; 12-16-2009 by Ord. No. 3900; 11-13-2019 by Ord. No. 4173]
(10)
Rear yard collection for disabled persons. If a resident qualifies
as a disabled person and does not live in a household in which an
able bodied person also resides, the disabled resident may apply for
and receive exemption from the rear yard collection fee. Qualifying
persons must have a physical or mental impairment that substantially
limits their ability to move a municipal waste and/or recycling container
to a curbside collection point. Those with a temporary disability
may apply for and be entitled to a reduced rear yard collection fee
prorated during their period of disability. The Director of Public
Works shall establish rules and regulations to determine entitlement.
[Added 10-21-2009 by Ord. No. 3893]
[Amended 8-3-1988 by Ord. No. 3104; 5-10-1989 by Ord. No.
3146; 8-3-1992 by Ord. No. 3290]
Any person violating any of the provisions of
this chapter shall be subject to a fine or penalty of not more than
$1,000 for each and every violation, to be collected as like fines
or penalties are now by law collectible. Each day that there is a
violation of this chapter shall constitute a separate offense.
[1]
Editor's Note: Former § 82-15, Revocation of license,
added 5-10-1989 by Ord. No. 3146, was repealed 12-16-2015 by Ord.
No. 4077.
[Added 5-10-1989 by Ord. No. 3146; amended 12-16-2015 by Ord. No. 4077]
A.
Restraining violations. In addition to any other remedy provided in this chapter, the Township may institute a suit in equity where unlawful conduct or public nuisance exists for an injunction to restrain a violation of this chapter or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this chapter. In addition to an injunction, the court may impose penalties as authorized by § 82-14 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
chapter shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township from exercising any other remedy
provided by this chapter or otherwise provided at law or equity.
