[Ord. No. 82-20, § 1, 12-29-1982; Ord. No. 2006-1, § 2, 7-5-2006]
This article shall be known, and may be cited, as the "West
Pottsgrove Township Municipal Solid Waste, Recyclables and other Refuse
Ordinance."
[Ord. No. 82-20, § 2, 12-29-1982; Ord. No. 2006-1, § 2, 7-5-2006]
Unless the context specifically indicates otherwise, the following
terms and phrases defined in this article shall have the meanings
hereinafter designated:
All collectible municipal waste which is too large for collection
in a 35 gallon container, including, without limitation, Christmas
trees, furniture, bedding, tanks, large appliances (such as televisions,
stoves, refrigerators, washers, and dryers), large dead animals, tree
trimmings, etc.
All municipal waste except:
Any recyclable materials included in a voluntary or mandatory
recycling program established by the Township and operated by the
Township and its Contractor.
Wastes generated by construction or demolition operations,
which may include, without limitation, concrete, dirt, stones, bricks,
plaster, wood, shingles, and pipe.
The person serving, at any given time, as the Contractor
of the Township for the collection, transportation, and disposition
of collectible municipal waste and/or other refuse under the provisions
of this Article.
Any material or substance which, by reason of its quantity,
concentration, composition, or characteristics, is:
"Hazardous waste" within the meaning of the Solid Waste Management
Act, 35 PA. STAT. ANN. § 6018.101, et seq.;
Toxic or hazardous waste as defined in the Solid Waste Disposal
Act, 42 U.S.C. § 6011, et seq., and the regulations thereunder;
Material regulated by the Toxic Substance Control Act, 15 U.S.C.
§ 2601, et seq., and the regulations thereunder; or
Special nuclear by-products material within the meaning of the
Atomic Energy Act of 1954, 42 U.S.C. § 2011, et seq., and
the regulations thereunder.
Any waste that would be considered hazardous under the Solid
Waste Management Act, 35 PA. STAT. ANN. § 6018.101, et seq.,
but for the fact that it is produced in quantities smaller than those
regulated under that Act (e.g., household paints, antifreeze, bleach,
cleaners, polishes, insecticides, pesticides, disinfectants, chemical
and batteries).
Any waste considered as "infectious" or "chemotherapeutic"
waste under the Act of July 13, 1988, No. 93, 1988 Pa. Laws 525, as
amended, 35 PA. STAT. ANN. § 6019.1, et seq.
Leaves, garden residues, shrubbery, and tree trimmings, and
similar material, but not including grass clippings.
Any garbage, refuse, and other material and solid, liquid,
semisolid, or contained gaseous material resulting from operation
of residential, municipal, commercial, or institutional establishments,
or from community activities, including grass clippings which are
not being composted or used for mulch; any industrial lunchroom or
office waste, and any sludge (other than sludge considered residual
waste) from a municipal, commercial, or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility.
A natural person, firm, copartnership, association, church,
school, institution, or corporation.
Any materials whose original use has been completed, and
which would otherwise be discarded and disposed of or processed as
municipal waste, but which can be processed or treated to create or
recover reusable materials that can be sold to or reused by a manufacturer
or other person as a substitute for a supplement to virgin raw materials.
Recyclable materials include, without limitation, newsprint, corrugated
paper, high grade office paper, plastics, leaf wastes, clear glass,
colored glass, steel and bimetal cans, aluminum, and grass clippings.
Municipal waste, residual waste, hazardous waste, and source-separated
recyclable materials. However, leaf waste and/or grass clippings which
are being composted or used for mulch shall not be considered "refuse."
Any garbage, refuse, other discarded material, or other waste,
including solid, liquid, semisolid, or contained gaseous materials,
resulting from industrial, mining, or agricultural water supply treatment
facility, wastewater treatment facility, or air pollution control
facility, provided that it is not hazardous. The term "residual waste"
shall not include coal refuse as defined in the Coal Refuse Disposal
Control Act, 52 PA. STAT. ANN. § 30.52, et seq. "Residual
waste" shall not include treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on pursuant to
and in compliance with a valid permit issued pursuant to the Clean
Streams Law, 35 PA. STAT. ANN. § 691.1, et seq.
Recyclable materials that are separated from municipal waste
at the point of origin for the purpose of recycling.
Any municipal waste for which any governmental agency or
unit having appropriate jurisdiction requires special approval (other
than that generally required for municipal waste) prior to disposal
in a permitted municipal waste disposal facility, including, without
limitation, asbestos, sludge, and infectious or chemotherapeutic waste.
West Pottsgrove Township, Montgomery County, Pennsylvania.
Depending on the context, the term shall either refer to a geographic
area included within the boundaries of the Township, or the municipal
corporation.
Any of the following materials, except for trace amounts
normally found in household or commercial waste:
Hazardous waste;
Residual waste;
Special handling waste;
Infectious or chemotherapeutic waste, or any wearing apparel,
bedding or refuse from premises where highly infectious or contagious
diseases have prevailed;
Used motor oil;
Used lead acid batteries;
Used tires;
Construction and demolition debris in excess of one C/D Unit
from a given property on any single collection day. For purposes of
this subsection, each of the following items shall constitute one
"C/D Unit":
One Plastic Sack (plastic garbage bag) which is designed to
store solid waste, has sufficient wall strength to maintain physical
integrity when lifted by the top, does not weight more than 35 pounds,
including the contents, and contains only construction and demolition
debris or such debris mixed with other collectible municipal waste;
One Receptacle (garbage can) with a capacity less than 35 gallons,
constructed of plastic, metal, or fiberglass, having handles of adequate
strength for lifting, having a tight fitting lid which is securely
in place, having a mouth whose diameter is equal to or great than
that of the base, which does not weight more than 60 pounds including
the contents, and which contains only construction and demolition
debris or such debris mixed with other collectible municipal waste.
Only the contents of the receptacle shall constitute a "C/D Unit";
the receptacle itself shall not be collected from the property;
A Single Bundle of construction and demolition debris securely
tied together and forming an easily handled package not exceeding
four feet in length, two feet in width, and two feet in height, and
not exceeding 60 pounds in weight; and
One Single Item of construction or demolition debris which is
not placed in any container and which constitutes a bulk item.
Free liquids, or liquids which are likely to be released from
their containers during ordinary handling;
Leaf waste;
Grass clippings in excess of two GC Units from a given property
on any single collection day. For purposes of this subsection, each
of the following items shall constitute one "GC Unit":
A Plastic Sack (plastic garbage bag) which is designed to store
solid waste, has sufficient wall strength to maintain physical integrity
when lifted by the top, does not weight more than 35 pounds, including
the contents, and contains only grass clippings or grass clippings
mixed with other collectible municipal waste;
A Receptacle (garbage can) with a capacity less than 35 gallons,
constructed of plastic, metal, or fiberglass, having handles of adequate
strength for lifting, having a tight fitting lid which is securely
in place, having a mouth whose diameter is equal to or great than
that of the base, which does not weight more than 60 pounds including
the contents, and which contains only grass clippings or grass clippings
mixed with other collectible municipal waste. Only the contents of
the receptacle shall constitute a "C/D Unit"; the receptacle itself
shall not be collected from the property;
Newsprint;
Collectible recyclable materials which the Township, by Ordinance
or Resolution, requires to be recycled (as opposed to those materials
included in a purely voluntary recycling program operated by the Township
or its Contractor.
Household hazardous waste;
Any highly flammable or explosive materials;
Any items which must be specifically prepared for disposition
in accordance with applicable statutes, regulations, determinations,
order, rulings, ordinances, resolutions, plans, and/or permits unless
all required preparation is completed at the expense of the person
desiring to dispose of the item (example: Freon must be removed from
refrigerators, air conditions and other similar appliances, appropriate
sticker must be applied to indicate that the Freon has been drained
and disposed of properly); and
Any material that, by reason of its composition, characteristics,
quantity, or concentration, is ineligible for disposal at the disposal
facility(ies) selected by the Township and/or its Contractor, pursuant
to:
The Resource Conservation and Recovery Act of 1976, 42 U.S.C.
§ 6901, et seq., and the regulations thereunder;
The Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
§ 136, et seq., and the regulations thereunder;
The Federal Water Pollution Control Act, 33 U.S.C. § 1251,
et seq., and the regulations thereunder;
The Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. § 9601, et seq., and the regulations
thereunder;
The Hazardous Sites Cleanup Act, 35 P.A. STAT. ANN. § 6020.101,
et seq., and the regulations thereunder; or
Any other applicable statute, regulations, determination, order,
ruling, ordinance, resolution, plan or permit.
Any other material that presents an endangerment to the disposal facility described in Subsection (q), the employees of the Township or the Contractor, or to the public health or safety.
