[HISTORY: Adopted by the Township Council of the Township of Upper Darby as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-1987 by Ord. No. 2702]
A. 
As used in this article, the following terms shall have the meanings given in this section:
COLLECTOR
Any person collecting or transporting municipal solid waste for owners or occupants of property in the municipality, including the municipality itself if it undertakes the collection of municipal solid waste directly; and any business or institution within the municipality which generates municipal solid waste and uses its own employees and equipment for the collection and transport of the waste.
CONTRACTOR
One or more contractors with whom the county or the Delaware County Solid Waste Authority (hereinafter referred to as "Authority") contracts for construction and operation of the proposed resource recovery plant or plants or other solid waste facilities.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial, lunchroom or office waste, and other material, including solid or semisolid material, generated in residential, municipal, commercial, or institutional establishments and from community activities, and other solid waste which is within the definition of "municipal solid waste" as set forth in the Act[1] and which the county, Authority or contractor by its ordinance or regulations is willing to accept at the plant, but excluding:
(1) 
Any liquid waste or sludge;
(2) 
All wastes which are defined by existing or future federal or state law or regulations as hazardous waste or industrial residual waste;
(3) 
Any waste which may be marketable and which is intentionally segregated for purposes of recycling; and
(4) 
Materials specifically excluded under applicable county ordinances.
MUNICIPALITY
Upper Darby Township.
PERSON
Any individual, partnership, association, corporation or governmental entity, with the exception of the county, Authority, or designated contractor.
PLANT
The energy and/or material recovery facility or facilities, transfer station or solid waste plants owned by the county or Authority or the contractor, including all associated property and equipment.
SOLID WASTE FACILITY
Any site owned and operated by the county, the Authority, or its designated contractor for the purpose of transfer, processing, or disposal of municipal solid waste, including landfills, resource recovery plants, and transfer stations.
[1]
Editor's Note: See Pennsylvania Solid Waste Management Act of 1980, as amended, 35 P.S. § 6018.101 et seq.
B. 
Certain terms used herein are also defined in the recitals hereto.
(Editor's Note: From the recitals: In this article, "the Act" refers to the Pennsylvania Solid Waste Management Act of 1980, as amended, 35 P.S. § 6018.101 et seq.)
It is hereby declared to be unlawful and a public nuisance for any person to accumulate upon any property in this municipality any municipal solid waste or to dispose of it except in accordance with this article and other applicable laws, ordinances or regulations.
The municipality has been advised by the county that the solid waste plan proposes to provide for a plant or plants, which will be operated efficiently and economically by the contractor and/or by the county and in accordance with all applicable laws and regulations, and also that the contractor and/or the county will impose reasonable charges, which will be uniform among all classes of users of the plant or plants.
Except as it pertains to municipal solid waste collected directly by this municipality, collectors of municipal solid waste generated within the municipality must be licensed by the municipality and shall be responsible for collecting municipal solid waste from properties in the municipality pursuant to a contract between them and the municipality and/or contracts between them and the owners, users or occupants of properties.
All collectors shall deliver and dispose of all municipal solid waste collected within the municipality at the solid waste facility designated by the county, subject to such reasonable regulations for the operation thereof as may be established by the county and/or contractor. Delivery and disposal at any other place shall be a violation of this article and cause for revocation of the collector's license, except in special circumstances approved in advance by the municipality and the county and/or contractor. All collectors shall comply their operation with all applicable laws, ordinances, and regulations pertaining to the collection and transportation of municipal solid waste.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.
In addition to the remedies provided in § 461-7 herein, any continued violation of this article or other applicable law which shall constitute a nuisance in fact, or which in the opinion of the governing body of this municipality shall constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
The collection of municipal solid waste in the municipality and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the governing body of the municipality, including but without limitation regulations as to the form of license application, the amount of fee to be charged for said licenses, and the terms of the licenses and license issuance procedures; provided, however, that no such rules and regulations shall be contrary to the provisions of this article, the county solid waste plan, or other applicable law.
The municipality reserves the right to amend this article or repeal it at any time; provided, however, that the requirement for use of the designated solid waste facility for disposal of municipal solid waste from the municipality shall not be amended or repealed without the prior express written approval of the county during the term of the contract between the county (or Authority) and contractor providing for the construction and operation of the plant, which contract shall have a term of 25 years. For the purposes of securing the contractor's financing, such requirement shall be deemed to be a contract between the county, the contractor, and the municipality, which the municipality (subject to the terms of the joint cooperation agreement set forth below) agrees to enforce so that the municipal solid waste from the municipality will be available to provide a source of energy for the plant. If the municipality is not now a collector but in the future it becomes a collector it agrees to deliver all municipal solid waste so collected to the plant.
A. 
The municipality agrees to deliver or cause to be delivered during the term of this agreement all municipal solid waste, as defined herein, generated within the municipality for disposal at a facility designated by the county.
B. 
County agrees to accept for disposal all such municipal solid waste described in Subsection A above upon completion and commencement of operation of the plant in accordance with a contract, containing terms satisfactory to the county, with the contractor, providing for construction and operation of the plant.
C. 
The term of this agreement shall be for a period of 25 years, and said term shall commence on January 1, 2017. The municipality at its option may terminate this agreement with 30 days' written notice to the county in the event that the municipality will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering municipal solid waste to the county during the term of this agreement, provided the municipality has first obtained final approval from the Department of Environmental Protection for its own plan under the Act, or an approval from the Department for a modification that brings the municipality under another plan that has already obtained final approval. Upon any such termination of this agreement by the municipality, the county, the Authority, and/or the county's contractor shall be relieved of any responsibility to accept and dispose of municipal solid waste generated within the municipality. Any such termination of this agreement by the municipality shall constitute a repeal, whether express or implied, of § 461-12 of this article.
[Amended 12-21-2016 by Ord. No. 3034]
D. 
The county shall hold harmless and defend the municipality from any suit, claim or action challenging the legality of this article against the municipality. In the event that any such suit, claim or action is brought against the municipality, the municipality shall authorize the county, through its designated legal counsel, to defend against the same, and the municipality shall cooperate with the county in said defense and shall give the county solicitor notice of any such suit, claim or action within five days of the municipality's receiving of notice thereof.
A. 
DEP has recommended that the requirements of the Solid Waste Management Act can best be accomplished on a county-wide basis.
B. 
The municipality, by formal resolution dated September 2, 1987, authorized the county to prepare the solid waste management plan on the municipality's behalf.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
The county, through the staff of its public works department, its planning commission, and Charles M. Harris and Associates, Inc., Consulting Engineers, prepared a ten-year plan for solid waste management.
D. 
The appropriate municipal officials of this municipality have reviewed the findings and recommendations of the plan as it affects this municipality, have found the plan acceptable, and have recommended that the plan be adopted.
E. 
The municipality, accordingly, hereby accepts and adopts the solid waste management study prepared by the county as the ten-year plan for solid waste management required by the Act.
F. 
The county is hereby authorized to submit the plan to DEP for the final approval on behalf of the municipality.
If any part of this article is for any reason found to be illegal or invalid, such illegality or invalidation shall not affect any of the remaining parts of this article, which shall continue to be fully operative as if the illegal or invalid part had not been enacted.
This article shall become effective upon enactment: Notwithstanding the foregoing, the municipality shall have neither the right or the obligation to dispose of its municipal solid waste at the plant which is contemplated under this article until said plant is constructed and fully operational.
[Adopted 7-16-2008 by Ord. No. 2972]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where context clearly indicates otherwise:
ALUMINUM CANS
Empty all-aluminum beverage and food containers, excluding products such as pie pans and aluminum foil.
BIMETALLIC CANS
Empty food or beverage cans consisting of steel and/or aluminum.
BULK TRASH
White goods, other larger appliances and any other items that cannot be disposed of with refuse.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
COMMERCIAL LANDLORD
The owner of any commercial establishment.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
DWELLING UNIT
Any permanent structure or portion of any permanent structure utilized as a residence by persons within the Township.
ENTITY
Any legal entity, including, but not limited to, any corporation, company, partnership or trust, whether limited, limited liability, or otherwise.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include food-processing wastes from canneries, packing plants or similar industries, nor large quantities of condemned food products.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, light bulbs, automotive glass, blue glass, porcelain and ceramic products.
HAZARDOUS MATERIALS
Includes oil, paint, flammable liquids, asphalt, explosives, solvents, pathological wastes and any other material deemed hazardous by any federal, state or local law.
HEAD OF HOUSEHOLD
Any person responsible for and occupying a dwelling unit.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments.
HOUSEHOLD INCOME
All income received by all residents of a dwelling unit during the calendar year immediately preceding the calendar year in which a charge hereunder is due and payable.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, such as hospitals, public and private schools, day-care centers and nursing homes.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but does not include grass clippings.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other governmental and quasi-governmental authorities, including public and private schools.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities.
PAPER PRODUCTS
Includes newspapers, magazines and periodicals, catalogs, telephone directories, junk mail and paperback books. Cardboard and paper boxes or paper products chemically coated shall not be considered paper products for the purpose of this article.
PERSON
A natural person; provided, however, that, in any provision of this article prescribing a fine, imprisonment or a penalty, or any combination of the foregoing, "person" shall include the officers, directors, managers or members, as the case may be, of any entity.
PLASTICS
Narrow-necked plastic bottles numbered 1 or 2. The term "plastics" shall exclude all plastic bags.
RECYCLABLES
Material having an economic value in a secondary materials market, including the following materials: Aluminum cans, bimetallic cans; glass containers; corrugated paper; paper products; plastics and steel cans.
REFUSE
Garbage and rubbish.
RESIDENTIAL BUILDING
Any permanent structure in the Township containing no more than four dwelling units.
RESIDENTIAL LANDLORD
The owner of any residential building containing multiple dwelling units.
RUBBISH
All waste materials except garbage, ashes, building rubbish from building construction or reconstruction, street refuse, industrial refuse, dead animals, abandoned large machinery, vehicles or other waste materials not commonly produced in homes, stores or institutions.
STEEL CANS
Empty steel or tin-coated steel food or beverage containers.
TOWNSHIP
Upper Darby Township.
A. 
Refuse accumulated in residential buildings shall be collected, conveyed and disposed of by the Township. The cost of such service shall be paid by property owners as provided herein.
B. 
The Mayor and administration are authorized to make regulations concerning the days of collection, type and location of waste controls and such other matters pertaining to the collection and disposal of refuse as they may deem appropriate, and to change and modify same after notice as required by law, provided that such regulations are not contrary to the provisions thereof. Any regulations in place as of the effective date of this article shall remain effective unless amended or repealed by the Mayor and administration.
A. 
Collection of ashes, rubbish and garbage shall be made on the dates and at the times shown from time to time on the maps and set forth in the schedules on file in the Township office of the Department of Public Works.
B. 
Rubbish must be placed in containers of metal or plastic construction, which, together with the contents, shall not exceed 40 pounds in weight and shall be placed on the sidewalk near the curb in front of the residential building in such a manner as to not obstruct passage on the sidewalk or in the alleyway adjacent to the traffic lane, but not in a manner as to obstruct traffic through the alley.
C. 
Rubbish may not be placed in the same container with ashes. Separate containers of metal or plastic construction must be used for such articles.
D. 
Ashes may not be placed in paper bags or cardboard cartons.
E. 
Should the regular date of collection fall on a legal holiday, ashes and rubbish may not be placed out for collection until the evening of such holiday, for collection the following working day.
F. 
Residents must remove receptacles from the sidewalks or alleys, as the case may be, within 12 hours after such receptacles are emptied.
G. 
All garbage must be drained of all liquid, sealed in plastic and stored in a covered, water-tight container with other types of refuse.
H. 
The amount of refuse from any one dwelling unit shall not exceed 200 pounds per week.
I. 
Hazardous materials are not acceptable for collection and shall not be placed in any container which includes refuse to be collected by the Township.
J. 
Residents shall not place refuse at any sidewalk or alley for collection more than eight hours prior to the beginning of the day collection is scheduled.
[Amended 12-17-2008 by Ord. No. 2977; 12-16-2009 by Ord. No. 2981; 12-19-2012 by Ord. No. 3009; 12-21-2016 by Ord. No. 3031; 11-11-2020 by Ord. No. 3082; 12-20-2021 by Ord. No. 3110; 2-14-2024 by Ord. No. 3153; 12-18-2024 by Ord. No. 3175]
The fees for collection and disposal of refuse shall be as follows:
A. 
The owner of record of any residence building as herein defined shall be charged a sum of $325 for each dwelling unit contained in said residence building for the collection of refuse from the residence building.
(1) 
The owner of a residential building or tenant obligated by the lease agreement to pay the refuse collection charge is eligible for a refuse fee rebate of $100, provided the following conditions are met:
(a) 
Applicants must qualify under the Pennsylvania Property Tax or Rent Rebate Program (PA-1000);
(b) 
Applicants must present proof of payment indicating the amount received from the PA-1000 Program; and
(c) 
The Township has confirmed that the applicant has paid the refuse fee for the current year.
(2) 
The residents of any dwelling unit within any residential building at which the Township is already collecting refuse may arrange to have the Township collect bulk trash for a fee of $10 for each item. Arrangements for payment of this fee must be made with the Township in advance.
B. 
Online payments are subject to convenience fees as follows:
(1) 
Credit card processing fee of 2.65% of the transaction total, minimum of $3.
(2) 
E-check processing fee of $1.50.
C. 
All bills for the collection of refuse shall be forwarded to the person or entity charged for same at such time and in such manner as the bills for sewer rent are forwarded to such person or entity.
D. 
A penalty of 10% shall be added to each bill if the same is not paid within four months from its date of issue.
E. 
Such bills, together with penalties thereon, shall be a lien on the property served and shall be entered as same and collected in the manner provided by law for the collection and filing of municipal claims.
There is hereby established a mandatory collection program for recyclables which are a part of the municipal waste generated in the Township.
A. 
The Mayor and administration are authorized to make regulations concerning the days of collection, type and location, pertaining to the collection and disposal of recyclables, as they may deem appropriate and to change and modify same after notice as may be required by law, provided that such regulations are not contrary to the provisions thereof.
B. 
All persons and entities shall separate leaf waste generated at residential dwellings from all recyclables and refuse and store same until collection, unless such persons or entities have otherwise provided for the composting of such leaf waste.
C. 
All persons and entities shall store their recyclables until collection by the Township.
D. 
Recyclables shall be placed in containers to be provided by the Township, which shall be placed upon the sidewalk or alley for collection no more than eight hours prior to the beginning of the day collection is scheduled. Residents must remove such containers from the sidewalk or alley within 12 hours after they are emptied. Should the regular date of collection fall on a legal holiday, recyclables may not be placed out for collection until the evening of such holiday, for collection the following working day.
E. 
Nothing contained herein shall transfer ownership of recyclables from the person who generated them unless and until such recyclables are placed at the sidewalk or alley for collection.
A. 
Commercial landlords shall be responsible to provide:
(1) 
Suitable containers for collection of refuse;
(2) 
Refuse disposal services;
(3) 
Suitable containers for collection of recyclables;
(4) 
Recycling services for recyclables;
(5) 
Easily accessible locations for the aforementioned containers; and
(6) 
Written instructions to occupants and/or tenants concerning the use and availability of refuse and recyclable collection services.
B. 
Commercial landlords and persons or entities conducting community activities that generate refuse must file, on a form provided by the Township, an annual report that lists the type and weight of refuse that has been collected during the preceding calendar year. Said report must be filed with the Township on or before January 31 of each year. Said report must be filed with the Township by a date determined by the administration.
[Amended 1-27-2021 by Ord. No. 3091]
C. 
Commercial landlords and persons or entities conducting community activities that generate recyclables must file, on a form provided by the Township, an annual report that lists the type and weight of recyclables that have been collected during the preceding calendar year. Said report must be filed with the Township on or before January 31 of each year. Said report must be filed with the Township by a date determined by the administration.
[Amended 1-27-2021 by Ord. No. 3091]
A. 
From the time they are placed at the sidewalk or alley as provided herein, recyclables shall be the property of the Township or its authorized agent.
B. 
It shall be a violation of this article for any person not authorized by the Township to do so to collect, or cause to be collected, any recyclables that have become the property of the Township. Each such unauthorized collection shall constitute a separate offense.
It shall be unlawful for any person to collect, remove or otherwise dispose of refuse, or to place refuse at the sidewalk or alley for collection as provided herein, without first separating all recyclables therefrom.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This article shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this article. Each subsection of this article that is violated shall constitute a separate violation of this article.