[Adopted 7-1-1991 by Ord. No. 303]
This article shall be known and may be cited
as the "Upper Providence Township Recycling Ordinance."
As used in this article, the following terms
shall have the following meanings:
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by Upper Providence
Township or conducted within Upper Providence Township and sponsored
privately, which include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events that will be attended by 200
or more individuals per day.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste as defined in the Solid Waste Management Act, Act of July 7,
1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et
seq., 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.
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Upper
Providence Township and any business or institution within Upper Providence
Township which generates municipal waste or recyclable materials and
uses its own employees and equipment for the collection or transportation
of municipal waste or recyclable materials.
[Amended 9-7-2010 by Ord. No. 511]
PERSON
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency or any other legal entity
whatsoever which is recognized by law as a subject of rights and duties.
In any provision of this article prescribing a fine, imprisonment
or penalty or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation or any
other legal entity having officers and directors.
RECYCLABLE MATERIALS
Those materials specified by Upper Providence Township for
collection in accordance with this article and recycling regulations
which may be promulgated from time to time. Such material may include,
but shall not be limited to, aluminum cans, clear and colored glass
containers, tin, steel and bimetallic cans, clear and colored polyethylene
terephthalate (PET) rigid plastic bottles, natural and pigmented high-density
polyethylene (HDPE) plastic bottles, and newsprint material. The list
of "recyclable materials" may be changed from time to time by resolution
of the Board of Supervisors of Upper Providence Township.
RESIDENT
Any person who owns, leases or occupies a property located
in Upper Providence Township used as a residence.
There hereby is established a program for the
mandatory source separation and collection of recyclable materials
and leaf waste within Upper Providence Township, Montgomery County,
Pennsylvania. No person shall dispose of municipal waste, recyclable
materials or leaf waste within Upper Providence Township except in
accordance with this article. The use of a municipal waste collector
will not relieve any person from compliance with this article.
[Amended 9-7-2010 by Ord. No. 511]
All persons occupying commercial, institutional
and municipal establishments within Upper Providence Township shall
separate high-grade office paper, corrugated cardboard, aluminum cans
and other materials generated at such establishments and from community
activities, store the materials until collection by a municipal waste
collector, and annually provide written documentation and certification
to Upper Providence Township of the total volume of materials and
the type of materials recycled, as designated by Township regulations.
Such persons may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township.
Nothing in this article or any regulation promulgated
pursuant hereto shall be deemed to impair the ownership of separated
materials by the persons who generated them unless and until separated
materials are placed at curbside or a similar location for collection
by a municipal waste collector.
From the time of placement of the recyclable
materials at the curb or other designated place for collection by
a municipal waste collector pursuant to the provisions of this article
and any rules and regulations adopted hereunder, the recyclable materials
shall become and be the property of the municipal waste collector.
It shall be a violation of this article for any person not duly authorized
by Upper Providence Township to collect or pick up or cause to be
collected or picked up any recyclable materials placed at the curb
or other designated place for collection by a municipal waste collector
pursuant to the provisions of this article. Any and each such unauthorized
collection in violation hereof from one or more residences shall constitute
a separate and distinct offense punishable as hereinafter provided
in this article.
The collection of municipal waste and recyclable
materials by municipal waste collectors and the preparation and collection
of municipal waste and recyclable materials by property owners and
residents of the township shall be made in compliance with the regulations
to be adopted by the Board of Supervisors of Upper Providence Township
to carry out the intent and purpose of this article. Such rules and
regulations shall be approved by resolution of the Board of Supervisors
and, when so approved, shall have the same force and effect as the
provisions of this article. Said rules and regulations may be amended,
modified or repealed by resolution of the Board of Supervisors.
The terms and provisions of this article are
to be liberally construed, so as to best achieve and effectuate the
goals and purposes hereof. This article shall be construed in pari
materia with 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, Act
of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., and the rules and regulations adopted thereunder.
[Adopted 7-1-1991 by Ord. No. 304]
[Added 9-7-2010 by Ord. No. 511]
All residents of the Township and all commercial, industrial
or institutional establishments located in the Township shall contract
with a municipal waste and recyclables collector to have all the municipal
waste and recyclables generated at the premises occupied by such person
or entity by any of the occupants of said premises removed and deposited
in a permitted landfill or recycling facility at a minimum of once
per week, in accordance with the provisions of this chapter and Act
140.
[Added 9-7-2010 by Ord. No. 511]
A. Whenever requested by the Township, the owner of any real estate
located within the Township shall present proof, within 72 hours of
said request, that said owner or the occupant of said real estate
has a current contract with a municipal waste and recyclables collector
to dispose of waste and recyclables generated on the premises at a
minimum of once per week, in accordance with the provisions of this
chapter and Act 140.
B. Whenever requested by the Township, any municipal waste and recyclables
collector shall, within 72 hours of said request, advise the Township
as to whether an owner or occupant of any real estate located within
the Township has a current contract for municipal waste and recyclables
disposal with said municipal waste and recyclables collector, in accordance
with the provisions of this chapter and Act 140.
[Amended 9-7-2010 by Ord. No. 511]
Consistency of regulations with this article and other laws.
No rules or regulations adopted by the municipality pursuant to this
article shall be in violation of or inconsistent with the provisions
of this article, the provisions and purposes of Act 97, Act 101 or regulations adopted thereunder or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Protection or the Pennsylvania Environmental Quality
Review Board governing municipal waste planning, collection, storage,
transportation, processing or disposal.
[Amended 9-7-2010 by Ord. No. 511]
A. Unlawful conduct. It shall be unlawful for any person to:
(1) Violate, cause or assist in the violation of any provision of this
article, or any rule, regulation or order promulgated hereunder.
(2) Transport, process, teat, transfer or dispose of or cause to be processed,
treated, transferred or disposed of municipal waste generated within
the municipality except as provided for in this article.
(3) Collect or transport municipal waste present or generated within
the municipality without a valid license for collection or transportation.
(4) Hinder, obstruct, prevent or interfere with the municipality, or
its personnel, in the performance of any duty under this article or
in the enforcement of this article.
(5) Act in a manner that is contrary to Act 97 or Act 101, regulations
promulgated thereunder, this article, or rules or regulations promulgated
under this article.
(6) Openly burn any material, including the following, at any time in any zone within the municipality: household trash, books, magazines, newspapers, cardboard and/or any items that are required to be recycled in the municipality under Pennsylvania Act 101, and as further regulated under UPT Code Chapter
80, Fire Code.
B. Public nuisance. Any unlawful conduct set forth in Subsection
A hereof shall constitute a public nuisance.
Any person who engages in unlawful conduct as
defined in this article shall, upon conviction thereof in a summary
proceeding before a District Justice, be sentenced to pay a fine of
not more than $1,000 and not less than $500 for each offense and,
in default of payment thereof, shall be committed to the county jail
for a period not exceeding 30 days. Each day that there is a violation
of this article shall constitute a separate offense.
[Amended 9-7-2010 by Ord. No. 511]
A. Retaining violations. In addition to any other remedy provided in this article, the Township may institute a suit in equity where unlawful conduct or a public nuisance exists, as defined in this article, for an injunction to restrain a violation of this article or rules, regulations, orders issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by §
148-16 hereof.
B. Concurrent
remedies. The penalties and remedies prescribed by this article shall
be deemed concurrent. The existence or exercise of any remedy shall
not prevent the exercising of any other remedy provided by this article
or otherwise provided at law or equity.
The terms and provisions of this article are
to be liberally construed so as best to achieve and to effectuate
the goals and purposes hereof. This article shall be construed in
pari materia with Act 97 and Act 101.