[Ord. 518, 5/13/1991, § 1]
This Part shall be known and may be cited as the "Township Waste
Collection and Recycling Ordinance."
[Ord. 518, 5/13/1991, § 2]
As used in this Part, the following terms shall have the meanings
indicated:
LEAF WASTE
Leaves, but not including grass clippings, garden residues,
shrubbery and tree clippings.
MUNICIPAL WASTE
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 from a municipal, commercial, or institutional
water supply treatment plant, wastewater treatment plant or air-pollution
control facility, but not including source-separated recyclables.
MUNICIPAL WASTE COLLECTOR
Any collector registered pursuant to this Part and the regulations
established by resolution adopted hereunder and pursuant to any intermunicipal
agreement subsequently executed by West Norriton Township with any
other municipal body.
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, trust, municipal authority, federal
institution or agency, state institution or agency, municipality or
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 provision of this Part prescribing a
fine, penalty or imprisonment, or any combination of the foregoing,
the term "person" shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
RECYCLABLE MATERIALS
Only those materials required to be recycled, pursuant to
the provisions of regulations established by resolution adopted hereunder,
as revised from time to time.
RESIDENT
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, which owns, leases or occupies a property located
in West Norriton Township used as a business or institution, or as
a residence containing four or fewer dwelling units.
WHITE GOODS
Refrigerators, washing machines, dryers, window airconditioners,
hot-water heaters and other major home appliances.
[Ord. 518, 5/13/1991, § 3; as amended by Ord. 524,
12/31/1991]
1. Registration. Every person desiring to engage in, continue to engage
in or hereafter to begin to engage in the business of collecting,
removing, transporting or hauling municipal waste and recyclable materials
from any property in West Norriton Township shall first register with
the Township. Such registration shall be for a period of one-year
beginning January 1 of the year in which the registration occurs.
2. Collection Equipment and Transportation Vehicles. The collection
equipment and transportation vehicles used for the collection of municipal
waste shall be of the closed metal body type with an automatic compactor
unit. Said vehicles shall at all times be in good and proper mechanical
condition and in compliance with the minimum safety and sanitary regulations
of the Commonwealth of Pennsylvania. All such vehicles shall be specifically
designed to prevent leakage of any liquid or fluids. Other type vehicles
may be used only for the collection of recyclable materials, white
goods, and Christmas trees, provided that such items are separately
collected in accordance with other regulations established by this
Part or regulations established by resolution adopted hereunder. The
municipal waste and recyclables so collected shall be suitably enclosed
or covered so as to prevent roadside littering, attraction of vermin
or creation of other nuisances. The collection equipment and transportation
vehicles shall be kept in a clean and sanitary condition.
3. Certificates of Insurance. No person shall be entitled to register
with the Township as a collector unless such collector can show certificates
of insurance covering public liability for both bodily injury and
property damage, owners and contractors protective insurance and automobile
insurance with respect to personal injuries and property damage. Such
insurance shall be in amounts that shall be from time to time set
forth by the Board of Commissioners of West Norriton Township by regulations
established by resolution adopted hereunder. Each and every policy
of insurance herein mentioned which is required pursuant to the terms
of this Part shall carry with it an endorsement to the effect that
the insurance carrier will convey to West Norriton Township, by certified
mail, written notice of any modifications, alterations or cancellation
of any such policy or policies or the terms thereof. The above-mentioned
written notice shall be mailed to the Township at least 10 days prior
to the effective date of any such modification, alteration or cancellation.
4. Collection Procedures. Township waste collectors shall not be required
to collect Township waste of any resident where it is obvious that
recyclable materials have not been separated pursuant to this Part.
5. Rate Schedule. Each Township waste collector shall annually file
with the Township a rate schedule showing the rates to be charged
to its customers for the collection of Township waste and recyclable
materials. Such rate schedule shall not be changed by the Township
waste collector without first giving notice to the Township at least
30 days prior to the effective date of such change. Each Township
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.
6. Registration Fee. At the time of registration, the collector shall
pay the Township a registration fee in an amount as established from
time to time by resolution of the Board of Supervisors.
[Added by Ord. 08-632, 12/9/2008]
All residents of the Township and all commercial, industrial
or institutional establishments located in the Township shall contract
with a municipal waste collector to have all the municipal waste 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 at
a minimum of once per week.
[Added by Ord. 08-632, 12/9/2008]
1. 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 hauler to dispose of
waste generated on the premises at a minimum of once per week.
2. Whenever requested by the Township, any municipal waste collector duly registered pursuant to the provisions of § 203, Subsection
1, herein 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 disposal with said municipal waste collector.
[Ord. 518, 5/13/1991, § 4; as amended by Ord. 08-632,
12/9/2008]
1. Residential.
A. Separation.
(1)
Recyclable Materials. All residents of West Norriton Township
shall separate recyclable materials from the municipal waste generated
at their property. When placed at the curb for collection in accordance
with the provision of this Part, recyclable materials shall be placed
in separate, reusable metal or plastic containers which clearly identify
the contents as recyclables. Such containers shall initially be provided
by the Township.
(2)
Leaf Waste. All residents of West Norriton Township shall separate
leaf waste from other municipal waste generated at their property
and shall dispose of the same in accordance with regulations adopted
hereunder. Any resident who otherwise provides for the proper disposal
of leaf waste shall not be required to comply with the provisions
of this section.
B. Collection. Collection of recyclable materials shall be made only
by a municipal waste collector at a minimum of once per week. Leaf
waste shall be collected by the Township in accordance with the schedules
established annually by the Township. All source separated recyclables
placed by the resident for collection by his/her municipal waste collector
pursuant to this Part and Township regulations shall, from time of
being placed at the curb, become the property of the municipal waste
collector.
C. Prohibition. No person shall place municipal waste in containers
used for the separation and collection of recyclables; no person shall
place recyclable materials in containers used for the separation and
collection of municipal waste.
D. Notice of Violation. Any person who shall violate the provisions
of this section shall receive an official written notice of non-compliance
from the Township for the first and second offenses. Thereafter, all
such violations shall be subject to the penalties hereinafter provided.
2. Commercial, Industrial and Institutional.
A. Separation.
(1)
Recyclable Materials. All commercial, industrial or institutional
establishments in West Norriton Township shall separate recyclable
materials from the municipal waste generated at their property. These
recyclables materials shall be placed in separate, reusable metal
or plastic containers which clearly identify the contents as recyclables.
(2)
Leaf Waste. All commercial, industrial or institutional establishments
in West Norriton Township shall separate leaf waste from other municipal
waste generated at their property, and shall dispose of the same in
accordance with regulations set out under Act 101.
B. Collection. Collection of recyclable materials shall be made only
by a municipal collector at a minimum of once per week. All source
separated recyclables placed by representatives of the establishment
for collection by his/her municipal waste collector pursuant to this
Part and Township regulations shall, from the time of being placed
in the container, become the property of the municipal waste collector.
C. Prohibition. No person shall place municipal waste in containers
used for the separation and collection of recyclables; no person shall
place recyclable materials in containers used for the separation and
collection of municipal waste.
D. Notice of Violation. Any person who shall violate the provisions
of this section shall receive an official written notice of noncompliance
from the Township for the first and second offenses. Thereafter, all
such violations shall be subject to the penalties hereinafter provided.
[Ord. 518, 5/13/1991, § 5; as amended by Ord. 08-632,
12/9/2008]
The collection of municipal waste and recyclable materials by
municipal waste collectors, and the preparation for collection of
municipal waste and recyclable materials by commercial, industrial,
or institutional establishments, property owners and residents of
the Township shall be made in compliance with the regulations to be
adopted by the Board of Commissioners of West Norriton Township to
carry out the intent and purpose of this Part. Such regulations shall
be approved by resolution of the Board of Commissioners of West Norriton
Township and, when so approved, shall have the same force and effect
as the provisions of this Part. The said regulations may be amended,
modified or replaced by resolution of the Board of Commissioners of
West Norriton Township.
[Ord. 518, 5/13/1991, § 6; as amended by Ord. 524,
12/31/1991; and by Ord. 08-632, 12/9/2008]
Any person who violates any provision of this Part or of the
regulations adopted hereunder, or any person who knowingly commits,
takes part, or assists in any such violation shall, upon conviction
thereof, be sentenced to pay a fine of not less than $50 and not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. Each day on
which a violation of this Part continues shall constitute a separate
offense, punishable by a like fine or penalty. In addition to this
penalty, the Township may institute any appropriate action or proceedings,
whether by legal process or otherwise, to prevent any illegal act,
conduct, business or use on or about such premises subject to this
Part.
[Res. 5/13/1991, § 1]
The following regulations are hereby adopted in their entirety
and shall be effective so as to coincide with the effective date of
the provisions of the terms of the enabling ordinance [Part 2A].
[Res. 5/13/1991, § 3; as amended by Res. 1230,
1/11/1993; and by Res. 1231, 2/1/1993]
1. All homes, apartments and other residential establishments will recycle
the following: glass, aluminum, steel and bimetallic cans, newspaper
and plastics.
2. Commercial establishments will recycle the following: aluminum, high-grade
office paper and corrugated paper.
3. Restaurants and taverns shall recycle aluminum, steel and bimetallic
cans, corrugated paper, plastics and glass.
4. Definitions.
ALUMINUM
All empty aluminum beverage containers.
GLASS
Bottles and jars made of clear or colored glass. Expressly
excluded are noncontainer glass, plate glass, porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
Paper of the type commonly referred to as office paper having
printed or written facts and opinions, letter and computer, copier
and fax paper.
NEWSPAPER
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest.
RECYCLABLE MATERIALS
Glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper and plastics.
STEEL AND BIMETALLIC CANS
All cans made of steel or bimetallic. Expressly excluded
are paint cans and any container with a hazardous substance.
[Res. 5/13/1991, § 4]
The Township shall have the right to refuse to register, to
cancel a registration, or to refuse to renew a registration upon the
occurrence of any of the following:
A. If the collector shall so load or operate any vehicle within the
Township in such a manner as to allow trash, etc., to fall upon public
roads or upon lands abutting the public road;
B. If the collector fails to replace the containers and their lids or
covers at the location of their collection in an orderly manner;
C. If the collector fails to provide for the proper disposal of any
Township waste or recyclable materials collected within the Township;
D. If the collector otherwise creates a public nuisance; or
E. If the collector otherwise fails to comply with the provisions of
these regulations or Part 2A of this chapter.
[Res. 5/13/1991, § 6]
No municipal waste or recyclable material container shall be
placed at the curb or in the front yard of any lot except during the
period beginning at 6:00 p.m. on the night prior to the scheduled
collection and ending at 12:00 midnight on the day of the scheduled
collection.
[Res. 5/13/1991, § 7]
Trash placed in the front yard or at the curb for collection
must be in containers with lids. Recyclable materials, with the exception
of newspapers placed in the front yard at the curb for collection,
must be in containers provided by the Township for the storage of
recyclable materials. Newspapers must be bundled separately in brown
paper bags or secured by rope or twine. No such trash and/or recyclable
materials containers, including bundles of newspapers, shall exceed
50 pounds and shall not be placed in the public street.
[Res. 5/13/1991, § 8]
Township waste collectors shall collect Township waste and recyclable
materials a minimum of one time per week. Collections may not be made
before 6:00 a.m. nor after 8:00 p.m.
[Res. 5/13/1991, § 9]
Township waste collectors shall carry public liability insurance
in the amount of $500,000 and $1,000,000 for personal damage and $250,000
for property damage.
[Res. 5/13/1991, § 10]
All collectors shall be required to certify and report to the
Township on a quarterly basis the tonnage of residential waste, commercial
waste and recyclable materials which they have collected from throughout
the Township on such form as shall from time to time be provided by
the Township.