[HISTORY: Adopted by the Board of Supervisors
of Upper Merion Township as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A173.
[Adopted 6-19-1989 as part of Ord. No. 89-559[1] ]
[1]
Editor's Note: This ordinance supersedes former
Article I, Trash Collection, adopted 3-8-1971 by Ord. No. 71-272,
as amended.
[Amended 6-4-1990 by Ord. No. 90-575]
This Article shall be known and may be cited
as the "Municipal Waste Collection and Recycling Ordinance."
[Amended 6-4-1990 by Ord. No. 90-575]
As used in this article, the following terms
shall have the meanings indicated:
Those properties used primarily for commercial or industrial
purposes and multifamily dwelling units.
The animal or vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
[Added 10-14-2010 by Ord. No. 2010-794]
Those facilities that house or serve groups of people such
as hospitals, schools, day-care centers, nursing homes, etc.
Leaves, garden residues, shrubbery, tree trimmings and similar
materials, but not including grass clippings.
[Added 10-14-2010 by Ord. No. 2010-794]
Residential properties of four or more units for which there
is a common system for the collection of municipal waste.
Public facilities operated by a municipality or other governmental
and quasi-governmental authorities.
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[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air-pollution control
facility.
Any collector registered pursuant to the provisions of Chapter 91 of the Code of Upper Merion Township and pursuant to any intermunicipal agreement subsequently executed by Upper Merion Township and Montgomery County or other municipalities.
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 chapter 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.
A generator of recyclable materials who transports their
own waste to a recycling facility.
[Added 2-6-2003 by Ord. No. 2003-726]
Only those materials that are suitable for recycling and required to be recycled, pursuant to the provisions of Chapter 91 of the Code of Upper Merion Township, as revised from time to time.
The worthless or useless part of something.
[Added 10-14-2010 by Ord. No. 2010-794]
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, which owns, leases or occupies a property located
in Upper Merion Township used as a residence.
Residential properties for which there is a curbside collection
system of municipal waste.
Combustible or noncombustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, mineral matter, glass, crockery, dust and similar materials.
[Added 10-14-2010 by Ord. No. 2010-794]
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
[Amended 6-4-1990 by Ord. No. 90-575]
A.Â
Registration. Every person desiring to engage in,
continuing to engage in or hereafter to begin to engage in the business
of collecting, removing or hauling municipal waste and recyclable
materials from any property in Upper Merion 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.
All collectors shall register by January 31 each year.
B.Â
Collection equipment and transportation vehicles and
collection times.
(1)Â
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 types of 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 provisions of this article and
regulations 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.
(2)Â
Collection times. In residential districts, or properties
immediately adjacent to residential districts, municipal waste and
recycling collection is permitted:
[Added 2-6-2003 by Ord. No. 2003-726]
C.Â
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 Supervisors by regulations
adopted hereunder. Each and every policy of insurance herein mentioned
which is required pursuant to the terms of this article shall carry
with it an endorsement to the effect that the insurance carrier will
convey to Upper Merion Township, by certified mail, written notice
of any modifications, alterations or cancellation of any such policy
or policies or the terms thereof. The abovementioned written notice
shall be mailed to Upper Merion Township at least 10 days prior to
the effective date of any such modification, alteration or cancellation.
D.Â
Collection procedures. Municipal waste collectors
shall not be required to collect trash of any resident where it is
obvious that recyclable materials have not been separated pursuant
to this article and the regulations adopted hereunder.
E.Â
Rate schedules. Each municipal waste collector shall
annually at time of registration file with the Township a rate schedule
showing the rates to be charged to its residential customers for the
collection of municipal waste and recyclable materials. Such rate
schedules 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.[1]
[1]
Editor’s Note: Former Subsection F, Registration fee,
which immediately followed, was repealed 10-14-2010 by Ord. No. 2010-794.
[Amended 6-4-1990 by Ord. No. 90-575; 2-6-2003 by Ord. No.
2003-726]
The following provisions apply to the separation and collection of materials at residences throughout the Township. Exception: Residents of multifamily residential properties, at which there is a common system for the collection of municipal waste, are subject to § 91-8 of this article.
A.Â
Separation.
(1)Â
Recyclable materials. All residents of Upper Merion
Township shall separate recyclable materials from the municipal waste
generated at their property. When placed at the curb for collection
in accordance with the provisions of this article, recyclable materials
shall be placed in separate, reusable metal or plastic containers
which clearly identify the contents as recyclables. Such containers
shall be provided by the municipal waste collector.
(2)Â
Leaf waste. When collection procedures have been scheduled
by the Township, all residents of Upper Merion Township shall separate
leaf waste from other municipal waste generated at their property;
leaves shall be placed at the curb for collection in bags specified
by the Township or in piles to a maximum of 18 inches in height. Garden
residues, shrubbery, tree trimmings and similar materials shall be
disposed of in accordance with approved Township procedures. Grass
clippings are not recyclable and shall be disposed of accordingly.
Any resident who otherwise provides for the proper disposal of leaf
waste through composting shall not be required to comply with the
provisions of this section.
B.Â
Collection.
[Amended 10-14-2010 by Ord. No. 2010-794]
(1)Â
Each
person or entity who or which generates municipal waste shall have
such waste collected by a municipal waste collector who is legally
operating within the Township, and such collections shall be no less
frequent than one time per week.
(2)Â
All
recyclable materials shall be collected by a municipal waste collector.
The municipal waste collector shall collect recyclable materials at
least once per week. Leaf waste shall be collected by the Township
in accordance with the schedules established annually by the Township's
Department of Public Works.
The collection of municipal waste and recyclable
materials by municipal waste collectors and the preparation for collection
of municipal waste and recyclable materials by property owners and
residents of the Township shall be made in compliance with the regulations[1] to be adopted by the Board of Supervisors of Upper Merion
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.
[Amended 12-31-1991 by Ord. No. 91-593; 10-14-2010 by Ord. No. 2010-794]
A.Â
Any person who violates any provision of this article or of the regulations adopted hereunder or any person who knowingly commits, takes part or assists in any such violation shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine as set forth in Art. III, General Penalty Provisions, of Ch. 1, General Provisions. Each day on which a violation of this article 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 proceeding, whether by legal process or otherwise, to prevent any illegal act, conduct, business or use on or about such premises subject to this article.
B.Â
The failure
of the Township to enforce any provisions of this article shall not
constitute a waiver by the Township of its rights of future enforcement
hereunder.
[Amended 6-4-1990 by Ord. No. 90-575]
Except as set forth below, this article shall become effective July 1, 1990. The provisions of § 91-8 shall become effective on September 1, 1990.
[Added 6-4-1990 by Ord. No. 90-575]
The following provisions apply to the separation
and collection of materials from commercial, institutional and municipal
establishments throughout the Township.
A.Â
Separation.
(1)Â
All persons owning commercial, institutional, multifamily
residential or municipal establishments in Upper Merion Township,
in cooperation with their respective haulers, shall be responsible
for providing a system to source separate and collect recyclable materials.
The system must provide for suitable containers for the collection
of these materials and must be placed adjacent to containers for municipal
waste (i.e., generators should have to travel no additional distance
to place recyclables in outside containers than they travel to dispose
of their normal municipal waste). In addition, written instructions
to the occupants and the Township recycling officer concerning that
which must be recycled and the use and availability of the collection
system must be provided yearly, and at change of tenant. Owners, adhering
to the aforementioned protocols regarding instructions to their tenants,
shall not be held responsible for the noncompliance of occupants in
regard to said occupant's obligation to separate recyclable materials.
[Amended 2-6-2003 by Ord. No. 2003-726]
(2)Â
Leaf waste. All persons owning commercial, institutional
or municipal establishments who gather leaves and are not served by
the Township's leaf collection program shall arrange for the separation
of leaf waste from municipal waste for disposal or processing of the
leaves at a composting facility.
(3)Â
All persons owning commercial, institutional, multifamily
residential or municipal establishments which use a multifloor chute
system for the disposal of waste shall provide for the collection
of noncombustible recyclable materials at each floor level.
[Added 2-6-2003 by Ord. No. 2003-726]
B.Â
Collection.
[Amended 10-14-2010 by Ord. No. 2010-794]
(1)Â
Each
person or entity who or which generates municipal waste shall have
such waste collected by a municipal waste collector who is legally
operating within the Township, and such collections shall be no less
frequent than one time per week.
(2)Â
The
method of collection of the recyclable materials for disposition shall
be the responsibility of the person who generates the recyclables
(i.e., generator) or a municipal waste collector designated by the
generator for the collection and disposal of its recyclable material.
C.Â
Prohibition. No person shall mix municipal waste in
containers to be used for the separation and collection of recyclables.
No person shall mix recyclable materials in containers used for the
separation and collection of municipal waste.
D.Â
Exemptions. The Township shall be notified by the
owner if either of these two exemptions apply.
(1)Â
Commercial establishments that reuse recyclable materials
as part of their manufacturing or processing operations shall be exempted
from recycling those items being reused.
(2)Â
Commercial, institutional or municipal establishments
that have on-site captive commercial disposal facilities used for
the exclusive disposal of municipal waste generated at the establishment
shall be exempted from recycling those items used in stated facility.
[Adopted 6-4-1990 as Res. No. 90-30[1]]
[1]
Editor's Note: This resolution supersedes
former Article II, Rules and Regulations, adopted 6-19-1990 by Res.
No. 89-34.
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 ordinances.
A.Â
The provisions of the Municipal Waste Collection and
Recycling Ordinance[1] and all regulations adopted thereunder relating to the
storage and collection of municipal waste and other discarded materials
are applicable to all commercial, institutional, municipal and residential
establishments.
B.Â
The provisions of the Municipal Waste Collection and Recycling Ordinance and all resolutions adopted thereunder relating to the separation, storage and collection of recyclable materials are applicable to all commercial, institutional and municipal and residential establishments except those exemptions noted in § 91-8D.
[Amended 2-6-2003 by Ord. No. 2003-726]
A.Â
Recyclable materials.
(1)Â
Aluminum.
(2)Â
Steel and bimetallic cans.
(3)Â
Clear and colored glass, including bottles and jars
made of clear and colored glass, but excluding porcelain and ceramic
products.
(4)Â
Newsprint and high-grade office paper.
(5)Â
Corrugated paper, including all material commonly
referred to as "cardboard."
(6)Â
Plastics, specifically including 1 and 2 plastic containers
so marked.
(7)Â
Any other material collected for recycling from an
establishment by agreement between the particular establishment and
its waste hauler.
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.Â
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.Â
If the collector fails to place the containers and
their lids or covers at the location of their collection in an orderly
manner;
C.Â
If the collector fails to provide residents with containers
for the storage and collection of recyclable materials;
D.Â
If the collector fails to provide for the proper disposal
of any trash or recyclable materials collected within the Township;
E.Â
If the collector otherwise creates a public nuisance;
F.Â
If the collector otherwise fails to comply with the provisions of Chapter 91 of the Code of Upper Merion Township; or
G.Â
If the collector fails to obtain the county license
in accordance with the provisions of the Waste System Authority of
Eastern Montgomery County.
A.Â
All trash, rubbish or garbage stored outside of an
enclosed building must be stored in closed watertight containers.
B.Â
Each dwelling other than single-family residences
and each commercial, industrial, institutional or recreational building
or establishment within the Township shall provide an enclosed area
with curb stops on three sides for the storage of trash receptacles
to be located on a paved area with the required setback from the property
line of the zoning district. All trash from such dwelling, buildings
and/or establishments other than single-family residences shall be
stored in exterior trash receptacles in such an enclosed area. The
enclosure around any such trash and refuse area must shield the area
from the direct view of any adjacent property, and the walls enclosing
the area must be at least six feet high unless the Building Official
decides that a higher wall is necessary because of a difference of
property elevations. In no case shall a wall in excess of 10 feet
be required. The wall shall stand at least three feet above any receptacles
in the area.
C.Â
Any waste other than municipal waste and recyclable
materials must be disposed of in accordance with all government regulations
applying to that waste.
[Amended 8-14-1997 by Ord. No. 97-660; 11-6-1997 by Ord. No.
97-663; 10-14-2010 by Ord. No. 2010-794]
No trash, rubbish, garbage or recyclable material
container shall be placed at the curb or in the front yard of any
lot except during the period beginning at 4:00 p.m. on the day prior
to the scheduled collection and ending at 12:00 midnight on the day
of the scheduled collection. In the event that collection does not
take place at the scheduled time or on the scheduled day for collection
and a violation of this section of this article results from such
unscheduled change in collection date or time, then, upon proof by
the affected resident of such unscheduled change in collection date
or time, the Township will hold the contracted collector responsible
for any fines or fees for violation and will not hold the affected
resident so responsible.
[Amended 2-6-2003 by Ord. No. 2003-726; 10-14-2010 by Ord. No. 2010-794]
Municipal waste placed at the curb or street
line for collection must be in closed waterproof containers. Recyclable
materials placed at the curb or street line for collection must be
in containers clearly marked as recyclable materials. No such trash
and/or recyclable containers shall exceed 50 pounds and shall not
be placed in the street.
For residential establishments, collectors shall
collect municipal waste a minimum of one time per week and shall collect
recyclable materials a minimum of one time per week, pursuant to schedules
which shall be filed with the Township. The frequency of collection
of recyclable materials from commercial, institutional or municipal
establishments shall be determined so as to prevent an overflow of
the containers.
The rate schedule required to be filed annually
at time of registration with the Township pursuant to the ordinance
shall apply only to those uniform rate schedules applicable to the
collection of municipal waste and recyclable materials from residential
establishments within the Township.
Municipal waste collectors shall carry public
liability insurance in the amount of $500,000 and $1,000,000 for personal
injury and $250,000 for property damage.
[Amended 2-6-2003 by Ord. No. 2003-726]
All haulers and proprietary generators shall
be required to report and certify to the Township, on forms provided
by the Township, the tonnage of recyclable materials collected from
within the Township.
[1]
Editor’s Note: Former Art. III, Registration of Residents,
adopted 7-10-1978 by Ord. No. 78-386, as amended, which immediately
followed, was repealed 10-14-2010 by Ord. No. 2010-794.
