This article shall be known and may be cited as the "Upper Pottsgrove
Township Municipal Waste and Recycling Collectors Ordinance."
It shall be unlawful for any municipal waste collector to collect
and transport municipal waste or recyclable material within Upper
Pottsgrove Township without first registering with Upper Pottsgrove
Township.
The following solid waste and recycling services shall be the
minimum provided to each resident in Upper Pottsgrove Township effective
August 1, 2010, by any municipal waste/recycling collector:
Service
|
Frequency
|
---|
Trash collection
|
1 x per week
|
Collection of bulk items
|
1 x per week
|
Collection of white goods*
|
1 x per week
|
Collection of yard waste and leaf waste
|
Weekly, 4/1 through 12/15
|
Recycling
|
1 x per week
|
Materials to be collected for recycling:
|
|
|
•
|
Glass (all colors)
|
|
|
•
|
Plastics 1 – 7
|
|
|
•
|
Newsprint/magazines
|
|
|
•
|
Aluminum, Bimetals, tin
|
|
Tires
|
1 tire per week
|
NOTES:
|
---|
*
|
The Municipal Waste Collector shall be responsible to evacuate
the Freon or other coolant from white goods in accordance with DEP
requirements.
|
[Amended 3-21-2016 by Ord. No. 485]
A. In addition to the minimum levels of service referred to in §
297-14 above, in order to engage in any collection, transportation, processing, disposal or recycling of municipal waste, recyclable materials, and/or yard waste in Upper Pottsgrove Township, all municipal waste collectors shall comply with the following:
(1) Complete and sign the Township "Solid Waste and Recycling Materials
Collectors Information Sheet" (hereinafter "Information Sheet").
(2) Present certificates of insurance in the type and amounts hereinafter
required.
(3) Provide the Township with certain minimum information so as to ensure
the Township that all of its residents and households are receiving
the minimum level of services provided herein.
(4) Ensure that each collection vehicle possesses a valid and effective
DEP Act 90 license/sticker.
(5) Issue warning notices of violations on forms provided by the Township
to residents failing to comply with the procedures for separation,
storage and collections of recyclable materials and yard waste, and
provide a copy of any such warning to the Township.
(6) File annually with the Township a rate schedule showing the rates
to be charged to its customers for the collection of municipal waste,
recyclable materials, and yard waste. 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 also file with the Township,
on a quarterly basis, a map showing the areas of the Township in which
it operates and a timetable setting forth the days of collection.
B. In addition, each municipal waste collector shall update the information
on the information sheet annually (by January 31 of each year). In
the event the municipal waste collector ceases to do business in the
Township for any reason (sale, transfer, bankruptcy, etc.), it shall
provide the Township with a notice of such cessation of business,
as well as provide the Township with an updated list of residences
that it currently serviced in the Township.
C. At the time of registration, the municipal waste collector shall
pay the Township a registration fee in an amount established from
time to time by resolution of the Board of Commissioners.
Each municipal waste/recycling collector (hereinafter "MWC")
shall comply with and provide the following information to Upper Pottsgrove
Township:
A. The MWC shall provide minimum levels of solid waste and recycling services set forth in §
297-14 to each residence served by the MWC.
B. The MWC shall file true and correct information listing the names
and addresses of the residences being served by said MWC. Any changes
in the residences being serviced shall be provided to the Township
on a quarterly basis.
C. The MWC shall file true and correct disposal and recycling reports
with Township on a regular basis pursuant to law on the forms provided
and required by the Township.
D. The MWC shall abide by all ordinances, rules and regulations regarding
the collection, transportation, disposal and recycling of solid waste
promulgated by the Township, Montgomery County and/or the Department
of Environmental Protection.
E. Each MWC shall maintain the following minimum levels of insurance
coverages:
(1) Automobile liability: $1,000,000.
(2) General public liability: $5,000,000.
(3) Excess liability: $10,000,000.
(4) Workers' compensation: Statutory minimum.
(5) Employees liability: Statutory minimum.
F. No MWC shall store and/or park collection vehicles or equipment upon
residentially zoned property in Upper Pottsgrove Township or upon
any street within Upper Pottsgrove Township except during actual collection
periods.
All MWC shall comply with the requirements set forth in this
article. Any violation of this article shall be grounds for the residents
to lose their "opt out" privileges. The following actions shall be
unlawful and in violation of this article:
A. Collecting or transporting any municipal waste, recyclable materials, leaf waste, or yard waste from any resident who fails to source-separate said materials in violation of the Upper Pottsgrove Township Solid Waste and Recycling Ordinance (Chapter
297, Article
II) and regulations adopted thereunder.
B. Commingling any source-separated recyclable materials, leaf waste,
or yard waste collected within the Township with any municipal waste.
C. Failing to provide for the proper disposition of any municipal waste,
recyclable materials, leaf waste, or yard waste collected or transported
within the Township.
D. Loading or operating any vehicle within the Township or transporting
municipal waste, recyclable materials, leaf waste, and yard waste
within the Township in such a manner as to allow municipal waste,
recyclable materials, leaf waste, and yard waste to fall upon the
public roads or upon land abutting the public roads in the Township.
E. Failing to replace the containers with their lids or covers in place
at the location of collection in an orderly manner.
F. Otherwise creating a public nuisance.
G. Collecting municipal waste or recycling materials between the hours
of 6:00 p.m. and 6:00 a.m.
H. Collecting municipal waste or recycling materials on Saturdays, Sundays,
or the following holidays: New Year's Day, Memorial Day, Fourth
of July, Thanksgiving Day, and/or Christmas Day.
I. Failing to ensure every vehicle used in the collection of municipal
waste shall carry at least one broom and shovel, which shall be used
to clean-up municipal waste which is spilled or scattered during collection
or transportation.
J. Failing to comply with the rules and regulations per collection of
municipal waste and recyclables, as provided for by Upper Pottsgrove
Township.
The collection of municipal waste and recyclable materials by
municipal waste collectors shall be made in compliance with the regulations
to be adopted by the Board of Commissioners of Upper Pottsgrove Township
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 repealed by resolution of the Board of Commissioners.
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 of July 28, 1988, P.L. 556, No.
101, 53 P.S. § 4000.101 et seq.; and the rules and regulations
adopted thereunder.