For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
Shall include but not be limited to mercantile and merchandising
establishments, offices, professional buildings, medical buildings
and hospitals, recreational buildings, apartments, convalescent homes,
churches, schools and colleges, institutions, automobile parts and
service stations, automotive dealers both new and used, commercial
banks and banking institutions, service shops, tailor shops, dry cleaners,
laundromats, shoemaker repairs, mobile vendors, landscape gardeners
and lumberyards.
The space, place, enclosure, receptacle, vehicle body, or
other mechanical device used for the storage, concentration or handling
of refuse pending collection and disposal.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The Upper Moreland Township Department of Health.
All white paper, bond paper, and computer paper used in commercial,
institutional and municipal establishments.
Includes but is not limited to establishments producing a
manufactured or processed product either in a finished or partly finished
condition, including fabrication, assembly or processing.
Facilities that house or serve groups of people, such as
schools, hospitals, day-care centers and nursing homes.
A structure containing more than four individual dwelling
units, sharing common structural elements, areas, and having no independent
outside access for each individual dwelling unit.
The singular shall include the plural and the masculine shall
include the feminine and the neuter.
Any institution, public or private corporation, partnership,
or other entity or individual.
Land, buildings, or other structures, vehicles, vehicle parking
areas, storage areas or parts thereof, upon or in which refuse is
generated, stored or accumulated.
Capable of becoming rotten, decomposed or decayed.
All solid or semisolid wastes, including garbage, ashes,
rubbish, bottles, cans, papers, cardboard, industrial or processing
offage, solid market wastes, other putrescible materials, automotive
parts, crates, boxes, cartons, but not including human body wastes.
The legally designated authority of the Township of Upper
Moreland who shall be authorized and directed to implement and enforce
the provisions of this article, or its authorized representative.
Includes establishments for the display or sale of commodities
to the public, including but not limited to restaurants, eating and
drinking establishments, food stores or establishments, variety stores,
chain stores.
The area or areas provided on the premises of commercial,
industrial and retail establishments for the keeping, concentration,
processing, sorting of refuse pending collection and removal from
the premises.
A.
Frequency of collection.
(1)
Storage area within a building.
(a)
If a storage area is within a building, protected from the elements,
vermin, or other factors tending to create a public nuisance and refuse
is of a nonputrescible nature, collections must be of a frequency
such as not to cause hazards of fire, accident, nuisance to the public
or a danger to the health or safety of the public or employees.
(b)
If a storage area is within a building, protected from the elements,
vermin, or other factors tending to create a public nuisance and refuse
is of a putrescible or partly putrescible nature, collections must
be as often as necessary so as not to create a potential danger to
the health and welfare of the public or employees, but in no case
less than twice weekly.
(2)
Storage area not protected from the elements.
(a)
If storage area is on the premises but not protected from the
elements and refuse is of a nonputrescible nature, frequency of collections
must be as often as necessary to prevent any potential danger or nuisance
to the health and welfare of the public or employees but in no case
less than once each seven days.
(b)
If the storage area is on the premises but not protected from
the elements and is of a putrescible nature, frequency of collections
must be as often as necessary to prevent a potential danger to the
health and welfare of the public or employees but in no case less
than twice weekly.
(3)
All storage areas must be maintained in a clean and sanitary condition.
(4)
All premises shall be maintained in a clean and sanitary condition.
Stored or reusable materials or equipment, supplies, work in process,
or salvage materials shall be stored in such a manner so as not to
cause or constitute a nuisance.
B.
Storage of refuse.
(1)
All refuse must be stored pending collection and removal from the
premises in approved type containers.
(2)
Refuse containers for nonputrescible refuse must be made of durable
materials and must have handles or other devices to facilitate handling
and collections.
(3)
Refuse containers for putrescible or partly putrescible materials
must be made of watertight, rust-resistant, durable materials, with
a tight-fitting lid that must be in place.
(4)
All refuse containers or refuse storage areas must conform with appropriate
fire prevention regulations.
C.
Responsibilities.
(1)
It shall be the responsibility of the owner or owners of all retail,
commercial, industrial, and multiple-dwelling units to provide for
collection of garbage and refuse from such properties and from any
premises accessory to such properties. Further, it shall be the responsibility
of the owner or owners of such premises to provide the following:
(a)
Keep premises free and clear of refuse.
(b)
Provide storage areas and adequate facilities of approved type
and construction for refuse.
(c)
Remove abandoned junk automobiles or automotive parts.
(d)
Maintain all areas and equipment in a manner that will prevent
any nuisances or hazard to the health and welfare of the public or
employees.
D.
Time for collection. There shall be no collection prior to 7:00 a.m.
or after 7:00 p.m.
E.
Mandatory recycling. Retail commercial, industrial and institutional
establishments:
(1)
All retail, commercial, industrial and institutional establishments
provide for the separate collection of aluminum, glass, newspapers,
high-grade office paper and corrugated paper for recycling not less
than once per month in accordance with this article and all regulations
promulgated hereunder.
(2)
The Township shall require a certificate of compliance from all retail,
commercial, industrial, and institutional establishments indicating
their compliance with this article. Such certificate shall be prepared
pursuant to the regulations promulgated hereunder.
F.
Mandatory recycling. Multiple-family-dwelling establishments:
(1)
The owners or agents of all multiple-family-dwelling establishments
shall make provisions for the separate collection of aluminum cans,
glass, newspapers and any other recyclable materials generated on
such property for recycling on a schedule of not less than once per
month in accordance with this article and the regulations promulgated
hereunder.
(2)
The owner of any multiple-dwelling establishment with four or more
units may comply with its responsibilities under this article by establishing
a collection system for recyclable materials at each property. The
collection system must include suitable containers for the sorting
and collection of recyclable materials, easily accessible locations
for the containers and written instructions to all occupants, detailing
the use, availability and requirements of the collection system.
(3)
The owner or its agent of any multiple-dwelling establishment who
complies with this article shall not be liable for the noncompliance
of any individual occupant.
A.
It shall be unlawful for any person who does not possess an unrevoked
permit from the Department of Public Health to engage in the business
of refuse collection or refuse disposal for compensation in the Township.
The Township Secretary shall issue permits for such applications,
provided that such permits shall be limited to persons having proper
equipment and personnel to collect and dispose of refuse in accordance
with the provisions of this article, and provided further that the
method of disposal used is in accordance with the requirements of
this article and regulations promulgated thereunder.
B.
Every person desiring to engage in the collection and/or disposal
of refuse shall make written application to the Department, setting
forth the name of such person, the residence address thereof or the
address of the place of business, a description of the place of disposal,
and the method of disposal to be practiced. Upon approval of such
application, the Department shall issue a permit to the applicant.
The permit fee shall be as set from time to time by resolution of
the Board of Commissioner, payable in advance to the Department of
Public Health.[1]
C.
Any person whose application for a permit has been denied may request, and shall be granted, a hearing before the Department of Public Health, under the procedure provided in § 279-11 of this article.
D.
A permit issued under this article shall expire on the 31st day of December of each year. Permits shall be renewable annually, in the same manner and upon payment of the same annual fee as provided in Subsection B of this section.
E.
Applicant for a permit shall be required to file with the Township
certificates covering workers' compensation and public liability,
collision, and property damage in amounts of coverage acceptable to
the Township.
F.
The holder of a permit to engage in the business of refuse collection
in Upper Moreland Township must identify all trucks or trucks and
trailers with the name and address of the owner and licensee of same.
Letters must be at least three inches high and be shown on both sides
of all equipment.
A.
Whenever the Department determines that there are reasonable grounds
to believe that there has been a violation of any provisions of this
article, or of any regulation adopted pursuant thereto, it shall give
notice of such alleged violation to the person or persons responsible
therefor as hereinafter provided. Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow a reasonable time for the performance of any act it requires.
(4)
Be served upon the holder of a permit issued under this article or
upon the owner or his agent or the occupant of any premises within
the Township, provided that such notice shall be deemed to have been
properly served when a copy thereof has been served personally or
in accordance with any other method authorized or required under the
laws of this state. Such notice may:
(a)
Contain an outline of remedial action, which, if taken, will
effect compliance with the provisions of this article.
(b)
State that, unless conditions or practices described in such
notice which violate this article are corrected within the reasonable
time specified in such notice, a permit which has been issued pursuant
to this article may be suspended or revoked.
B.
Any person who is affected by any notice which has been issued in
connection with the enforcement of any provision of this article,
or of any regulation adopted pursuant thereto, may request and shall
be granted a hearing on the matter before the Department, provided
that such person shall file, in the office of the Department, a written
petition requesting such hearing and setting forth a brief statement
of the ground therefor within 10 days after the day the notice was
served. Upon receipt of such petition, the Department shall set a
time and place for such hearing, and shall give the petitioner written
notice thereof. At such hearing, the petitioner shall be given an
opportunity to be heard. The hearing shall be commenced not later
than 10 days after the day on which the petition was filed, provided
that, upon application of the petitioner, the Department may postpone
the date of the hearing for a reasonable time beyond such ten-day
period when in its judgment the petitioner has submitted a good and
sufficient reason for such postponement.
C.
After such hearing, the Department shall sustain, modify or withdraw
the notice, depending upon its finding based on such hearing as to
whether or not the provisions of this article and of the regulations
adopted pursuant thereto have been complied with. If the Department
sustains or modifies such notice, it shall be deemed to be an order.
Any notice shall automatically become an order if a written petition
for a hearing has not been filed in the office of the Department within
10 days after such notice was served. In the case of any notice which
states that a permit required by this article may be suspended or
revoked, the Department may suspend or revoke such permit if an order
is issued and corrective action has not been taken within the time
specified in the notice.
D.
The proceedings at such hearing, including the findings and decision
of the Department, shall be summarized, put into writing, and entered
as a matter of public record in the office of the Department. Such
record shall include also a copy of every notice or order issued in
connection with the matter. Any person aggrieved by the decision of
the Department may seek relief therefrom in any court of competent
jurisdiction, as provided by the law of this state.
E.
Whenever the Department finds that an emergency exists involving
a serious health hazard which requires immediate action to protect
the public health, it may, without notice or hearing, issue a written
order citing the existence of such an emergency and the conditions
violating this article which require corrective action to remove such
health hazard. If such corrective action has not been taken, the Department
may take such action as may be necessary to protect the public health,
including stoppage of processing operations. Notwithstanding other
provisions of this article, such order shall be effective immediately
but, upon petition to the Department, petitioner shall be afforded
a hearing as soon as possible, but in any case not later than three
days after the petition was filed. After such hearing, depending upon
its finding as to whether or not the provisions of this article and
of the regulations adopted pursuant thereto have been complied with,
the Department shall sustain, modify, or withdraw the order.
The Department of Public Health shall have the power to enter,
at reasonable times, upon private or public property for the purposes
of inspecting and investigating conditions relating to the enforcement
of the provisions of this article.
Any person failing to comply with any of the provisions of this
article shall be liable for each such offense, upon conviction before
any magisterial district judge within the Township of Upper Moreland,
to a fine of not less than $100 nor more than $1,000 together with
the costs of prosecution and, in default of payment of such fine and
costs, to undergo imprisonment for a period not exceeding five days.
Failure to comply with any such provisions shall constitute a separable
violation.
