[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence 9-18-2023 by Ord. No. 603. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Upper Providence
Township Solid Waste and Recycling Ordinance."
The statewide recycling requirement in Pennsylvania known
as the Municipal Waste Planning Recycling and Waste Reduction Act
of 1988.[1]
Person registered and authorized by Upper Providence Township
to collect, remove, transport, and dispose of municipal waste, recyclable
materials, and/or leaf waste for owners or occupants of single-family
residential establishments, multifamily residential establishments,
commercial establishments, institutional establishments, municipal
establishments, and community activities in Upper Providence Township.
A building or buildings used or designed for use for commercial
purposes, including, but not limited to wholesale, industrial, manufacturing,
transportation, financial or professional services stores, markets,
office buildings, restaurants, shopping centers, theaters or other
commercial activities.
Events sponsored in whole or in part by Upper Providence
Township or conducted within Upper Providence Township and sponsored
privately, which include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events that will be attended by 200
or more individuals per day.
A facility for composting vegetative material, including
leaves, garden residue and chipped shrubbery and tree trimmings that
is permitted by the Commonwealth of Pennsylvania.
As defined in Act 108, Covered Device Recycling Act,[2] a covered computer device and covered television device
marketed and intended for use by a consumer.
A state-permitted facility which processes or acts upon municipal
waste so as to dispose of the material, such as an incinerator, a
resource recovery plant, a waste-to-energy facility, or a sanitary
landfill.
A room or rooms within a building connected together, constituting
a separate independent housekeeping establishment for a single family,
for owner occupancy or for rental, lease or other occupancy on a monthly
or longer basis.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, and the like.
An establishment engaged in service, including, but not limited
to, hospitals, nursing homes, orphanages, schools, universities, churches
and social or fraternal societies and organizations.
Leaves, garden residues, shrubbery, grass clippings, tree
trimmings, and similar materials.
A building or buildings under single or multiple ownership
and designed as a residence for four or more families living independently
of each other and doing their own separate cooking therein, including
apartments townhomes, or condominiums.
Of or pertaining to any office or other property under the
control of any branch or arm of the Federal Government of the United
States of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania including, but not
limited to, Upper Providence Township, any counties, cities, Townships,
and municipal authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities
and sludge not meeting the definition of residential or hazardous
waste in the Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from
a municipal, commercial or institutional water supply treatment plant,
wastewater treatment plant or air pollution control facility. The
term does not include source-separated recyclable materials or leaf
waste.
An individual, partnership, association, corporation, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity which
is recognized by law as a subject of rights and duties. In any provision
of this chapter prescribing a fine, imprisonment or penalty or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or any other legal entity
having officers and directors.
Those materials specified by Upper Providence Township for
collection in accordance with this chapter and recycling regulations
that may be promulgated from time to time for collection, processing,
and recovery as part of a recycling program. These materials include
aluminum cans, bimetal containers, corrugated paper, glass containers,
leaf waste, magazines, mixed paper, newsprint, high-grade office paper,
and plastic containers.
The collection, processing, recovery and sale or reuse of
recyclable materials, which could otherwise be disposed or processed
as municipal waste.
A container designated by the property owner or resident
for the storage of recyclable materials. A recycling container may
be provided by Upper Providence Township, property owner, resident
or tenant, or the authorized collector. A recycling container must
be durable, watertight, and be at least 13 gallons in size and no
more than 35 gallons with a label indicating the container is for
recyclable materials.
A facility employing a process that separates or classifies
recyclable materials and creates or recovers reusable materials that
can be sold to or reused by a manufacturer as a substitute for or
a supplement to virgin raw materials. The term does not include transfer
facilities, municipal waste landfills, composting facilities or resource
recovery facilities.
An occupied dwelling unit for human habitation, except multifamily
residential establishment with four or more units. Home occupations
incidental to the residential use within a dwelling unit are considered
a "residential establishment."
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
Subject to the provisions herein, all persons in the Township
must arrange with an authorized collector for the separate curbside
or similar location collection of waste, recyclable materials and
leaf waste.
A.
Single-family residential establishment.
(1)
Except as otherwise provided
herein, all persons owning or occupying single-family residential
establishments shall separate recyclable materials designated in this
chapter from municipal waste. Recyclable materials shall be placed
in recycling containers and the recycling containers placed curbside
or in another designated location for collection by an authorized
collector.
(2)
The following materials must
be recycled at single-family residential establishments: aluminum
cans, bimetal containers, corrugated paper, glass containers, high-grade
office paper, mixed paper, newsprint, plastic containers, and leaf
waste.
(3)
Separate collection of recyclable
materials shall be provided by the Township of Upper Providence. Recyclable
materials and municipal waste shall be collected no less than once
every two weeks.
(4)
Requirements for collection.
(a)
All recyclable materials
must be placed in a recycling container separate from municipal waste.
Recycling containers may be provided by the Township, authorized collector,
property owner, or resident, as allowed by the authorized collector.
(b)
Recyclable materials must
be prepared to prevent the materials from being blown about or littered
on Township streets or on private property. This may include placement
of recyclable materials in recycling containers with latching lids.
(c)
No persons shall place
recyclable materials in containers used for the collection of municipal
waste and no municipal waste shall be placed in recycling containers.
(d)
Containers shall be placed
curbside or in another location as designated by an authorized collector
for collection. Under no circumstances shall containers be placed
on the paved portion of a roadway or sidewalk or otherwise obstruct
the flow or vision of motorists or pedestrians traveling on adjacent
roads, streets, or sidewalks.
(e)
No container for the collection
of municipal waste, recyclable materials, or yard waste may be placed
at the curb or in the front yard except during the period beginning
at 6:00 p.m., prevailing time, on the day prior to a scheduled collection
and ending at 11:00 p.m., prevailing time, on the day of a scheduled
collection. For the purposes of this subsection, "front yard" shall
mean the area between the street line and the first building on the
lot.
(f)
Recyclable materials must
be clean and dry and prepared according to the requirements of the
Township or authorized collector.
(5)
Nothing herein shall be deemed
to impair the ownership of recyclable materials by the person who
generated them unless and until such materials are placed at the curb
or similar location for collection by the authorized collector.
B.
Multifamily residential establishments.
(1)
Owners, landlords, or agents
of owners or landlords of a multifamily residential establishment
must establish a system for source separation, collection, transportation,
and recycling of the recyclable materials designated in this chapter
that are generated at multifamily residential establishments. The
system must include an appropriate number of labeled recycling containers
at easily accessible locations to accommodate the amount of recyclable
materials generated at each multifamily residential establishment.
The system must also include written instructions to the residents
of multifamily residential establishments to inform them of the requirement
to recycle and the use and availability of the collection program.
The Township reserves the right to require additional recycling containers
if it deems there is insufficient recycling containers to serve residents.
(2)
The following materials are
required to be recycled by multifamily establishments at a minimum:
aluminum cans, bimetal containers, corrugated paper, glass containers,
high-grade office paper, mixed paper, newsprint, plastic containers,
and leaf waste.
(3)
Owners, landlords, or agents
of owners or landlords of multifamily residential establishments must
arrange with an authorized collector for the separate collection,
transportation, and recycling of recyclable materials.
(4)
No person shall place recyclable
materials in containers used for the collection of municipal waste
and no municipal waste shall be placed in containers designated for
the collection of recyclable materials.
(5)
Recyclable material collection
frequency shall be set by the owner, landlord, or agent of an owner
or landlord of a multifamily residential establishment and the authorized
collector, but shall occur no less than once every two weeks. More
frequent collection of recyclable materials may be necessary to prevent
recycling containers from being overfilled and cause materials to
be blown about or littered on Township streets and on private property.
(6)
The owner, landlord, or agent
of an owner or landlord of multifamily residential establishments
must provide a written report to the Township that lists the authorized
collector collecting recyclable materials, the name and address of
the property that recyclable materials are collected, the quantity
of each type of recyclable material collected, and the name and affiliation
of the person submitting the report. Reports are to be completed on
a form supplied by the Township and shall be submitted annually, 30
days after the close of each calendar year.
(7)
Owners, landlords, or agents
of an owner or landlord who comply with this chapter shall not be
liable for the noncompliance of residents.
C.
Commercial, institutional, and
municipal establishments.
(1)
Owners, landlords, or agents
of owners or landlords of a commercial, institutional, or municipal
establishment must establish a system for source-separation, collection,
transportation, and recycling of recyclable materials designated in
this chapter that are generated at each building. The system must
include an appropriate number of labeled recycling containers at easily
accessible locations to accommodate the amount of recyclable materials
generated at each building. It must also include written instructions
to the tenants or occupants of commercial, institutional, and municipal
establishments to inform them of the requirement to recycle and the
use and availability of the collection program. The Township reserves
the right to require additional recycling containers if the Township
deems there is insufficient containers to serve occupants or tenants.
(2)
At a minimum, the following
materials are required to be recycled in commercial, institutional,
and municipal establishments: high-grade office paper, corrugated
paper, aluminum cans, and leaf waste.
(3)
Owners, landlords, or agents
of owners or landlords of a commercial, institutional, and municipal
establishments must arrange with an authorized collector for the separate
collection, transportation, and recycling of recyclable materials.
(4)
No persons shall place recyclable
materials in containers used for the collection of municipal waste
and no municipal waste shall be placed in containers designated for
the collection of recyclable materials.
(5)
Recyclable material collection
frequency shall be set by the owner, landlord, or agent of an owner
or landlord of a commercial, institutional, or municipal establishment
and the authorized collector, but shall occur no less than once every
two weeks. More frequent collection of recyclable materials may be
necessary to prevent recycling containers from being overfilled and
cause materials to be blown about or littered on Township streets
and private property.
(6)
The owner, landlord, or agent
of an owner or landlord of a commercial, institutional, or municipal
establishment must provide a written report to the Township that lists
the authorized collector collecting recyclable materials, the name
and address of the property that recyclable materials are collected,
the total quantity of each type of recyclable material collected,
and the name and affiliation of the person submitting the report.
Reports are to be completed on a form supplied by the Township and
shall be submitted annually, 30 days after the close of each calendar
year.
D.
Community activities.
(1)
The organizers or sponsors
of a community activity must establish a system for source separation,
collection, transportation, and recycling of aluminum cans, plastic
containers, glass containers, corrugated paper, high grade office
paper, and leaf waste. Arrangements for the source-separation and
collection of these materials shall be the responsibility of the organizers
or sponsors.
(2)
The organizers or sponsors
of a community activity must establish a collection system that includes
an appropriate number of recycling containers at easily accessible
locations to accommodate the amount of recyclable materials generated.
Community activity organizers and sponsors must provide signage and/or
labels on recycling containers to indicate what recyclable materials
are to be source separated by event participants.
(3)
Organizers or sponsors must
arrange with an authorized collector for the collection of recyclable
materials.
(4)
Organizers or sponsors of
a community activity must provide a written report to the Township
that lists the name of the community activity, the authorized collector
collecting recyclable materials, the total quantity of each recyclable
material collected, and the name and affiliation of the person submitting
the report. Reports are to be submitted to the Township no later than
30 days upon the conclusion of the event.
E.
Leaf waste.
(1)
It is prohibited and will
be deemed a violation hereof for any person in the Township to put
or cause to be put leaf waste with municipal waste or recyclable materials.
Leaf waste shall be source separated from municipal waste and recyclable
materials generated on any property in the Township and stored in
a separate open container until collection.
(2)
Nothing herein shall prevent
any person from utilizing leaf waste for compost, mulch, or other
agriculture, horticulture, or landscaping purposes on the property
where the leaf waste is generated.
(3)
All persons in the Township
shall arrange to have leaf waste collected curbside or similar location
by an authorized collector separate from municipal waste and recyclable
materials at a frequency of no less than once per month.
(4)
The owner, landlord, or agent
of an owner or landlord of a multifamily residential, commercial,
institutional, or municipal establishment must provide a written report
to the Township that lists the authorized collector collecting leaf
waste, the name and address of the property that leaf waste is collected,
the total quantity of leaf waste collected, the name of the composting
facility authorized by the state to receive collected leaf waste,
and the name and affiliation of the person submitting the report.
Reports are to be completed on a form supplied by the Township and
shall be submitted annually, 30 days after the close of each calendar
year.
F.
Household hazardous waste, electronic
waste, and lead acid batteries.
(1)
It shall be unlawful for any
person to commingle hazardous or residual waste, as defined in Act
101, with municipal waste, recyclable materials, and/or leaf waste
or to discard or otherwise dispose of hazardous or residual waste
except by disposition in compliance with applicable state and federal
laws and regulations. For specific material recycling and disposal
requirements, refer to Lehigh County Solid Waste Management or Pennsylvania
Department of Environmental Protection guidelines.
(2)
It shall be unlawful for any
person to commingle a lead acid battery with municipal waste, recyclable
materials, and/or leaf waste or to discard or otherwise dispose of
a lead acid battery except by delivery to an automotive battery retailer
or wholesaler, to a secondary smelter permitted by the U.S. Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of Pennsylvania.
(3)
In accordance with Act 108,
no person may dispose of a covered device or any of its components
with municipal waste. This type of waste requires special collection
and disposal arrangements. Information on how to recycle covered devices
may be obtained by the Pennsylvania Department of Environmental Protection.
(4)
Large and small appliances
containing Freon may not be combined with municipal waste. These appliances
contain chlorofluorocarbons and Freon that must be removed by a certified
professional, and these should be taken to a Freon-certified handler.
Freon-containing appliances may include refrigerators, freezers, air
conditioning units, dehumidifiers, and water coolers.
A.
Collection by unauthorized persons.
From the time of recyclable material placement at the curb or other
designated location, it shall be a violation of this chapter for any
person unauthorized by the Township to collect or pick up recyclable
materials. Any and each collection in violation hereof from one or
more locations shall constitute a separate and distinct offense punishable
as hereafter provided.
B.
Burning of recyclable materials
and leaf waste. The burning of recyclable materials and leaf waste
shall be prohibited at all times in the Township.
C.
Littering/illegal dumping. It
is unlawful for any person in the Township to dump or deposit recyclable
materials, leaf waste, municipal waste, or any other refuse on any
private or public property or grounds in the Township.
D.
Overfilling containers. Containers
of recyclable materials, leaf waste, municipal waste, or any other
refuse must not be overfilled to provide for or allow materials to
become displaced by natural or manufactured elements.
E.
Storing/stockpiling materials.
All persons in the Township are prohibited from storing, processing,
or disposing of municipal waste, recyclable materials, and leaf waste
on a property except at a facility or in preparation for the collection
by an authorized collector as provided herein. Notwithstanding the
forgoing, leaf waste may be composted on-site.
F.
Public nuisance. It shall be unlawful
and a public nuisance for any person to violate, cause or assist in
a violation of any provision of this chapter or violate, cause or
assist in the violation of any rule, regulation or resolution promulgated
by the Township Board of Supervisors pursuant to this chapter.
Nothing in this chapter or any regulation promulgated pursuant
hereto shall be deemed to impair the ownership of recyclable materials
by the persons who generated them unless and until separated materials
are placed at curbside or similar location and collected by an authorized
collector.
The collection of municipal waste, recyclable materials, and
leaf waste by authorized collectors and the preparation of municipal
waste, recyclable materials, and leaf waste by property owners and
residents of the Township shall be made in compliance with any regulations
that may be adopted by the Board of Supervisors of the Township of
Upper Providence to carry out the intent and purpose of this chapter.
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 chapter. Said rules and regulations
may be amended, modified or repealed by resolution of the Board of
Supervisors.
It shall be unlawful and a violation of this chapter, and grounds
for the suspension or revocation of an authorization, for any authorized
collector to:
A.
Collect or transport municipal
waste from persons failing to source separate recyclable materials
and leaf waste from municipal waste.
B.
Commingle or mix source separated
recyclable materials or leaf waste collected in the Township with
municipal waste.
C.
Fail to provide for the proper
disposal of any municipal waste collected or transported within the
Township in accordance with this chapter and federal and state laws
and regulations.
D.
Fail to recycle recyclable materials
and compost leaf waste in accordance with this chapter and federal
and state laws and regulations.
E.
Commence the collection of municipal
waste, recyclable materials, and leaf waste for any property in the
Township prior to 7:00 a.m. or after 7:00 p.m.
F.
Load or operate any vehicle within
the Township or transport municipal waste, recyclable materials, and/or
leaf/yard waste within the Township in such a manner as to allow municipal
waste, recyclable materials, and/or leaf/yard waste to fall upon public
roads or upon land abutting the public roads in the Township.
G.
Fail to replace the containers
with their lids or covers in place at the location of collection in
an orderly manner and off roads, streets, and/or sidewalks.
H.
Otherwise create a public nuisance.
The Township or its designated agent may enter into one or more
agreements at any time with authorized collectors for the collection
of municipal waste, recyclable materials, and/or leaf/yard waste from
residential, multifamily, commercial, institutional, and/or municipal
establishments. Procuring collection services from an authorized collector
shall be completed using a public bid process that will permit authorized
collectors(s) to exclusively collect all or part of the municipal
waste, recyclable materials, and/or leaf/yard waste generated in the
Township.
A.
Penalties. Any person who violates
any provision of this chapter or of the regulations adopted hereunder
or any person who engages in unlawful conduct as defined in this chapter
shall, upon conviction thereof in a summary proceeding before a Magisterial
District Judge as set forth in this section, be sentenced to pay a
fine of not more than $1,000 and not less than $250. Each continuing
day of any violation of this chapter or unlawful conduct as defined
in this chapter shall constitute a separate offense punishable by
a like fine or penalty.
B.
Injunction. In addition to any
other remedy provided in this chapter, Upper Providence Township may
institute a suit in equity where unlawful conduct or a public nuisance
exists as defined in this chapter for an injunction to restrain a
violation of this chapter or any rules, regulations or resolution
promulgated or issued by the Board of Supervisors pursuant to this
chapter.
C.
Concurrent remedies. The penalties
and remedies prescribed by this chapter shall be deemed concurrent.
The existence or exercise of any remedy shall not prevent the Township
from exercising any other remedy provided by this chapter or otherwise
provided at law or equity.
D.
Authorized collectors who shall
violate any provision of this chapter may be reported to the Pennsylvania
Department of Environmental Protection by the Township and may be
subject to the revocation of the Commonwealth's authorization to transport
municipal waste.
Should a court of competent jurisdiction find any portion of
this chapter invalid, such invalid portion shall, to the extent possible,
be severed from the remainder, which shall remain in full force and
effect. To the extent that any existing Township ordinance is inconsistent
with the provisions of this chapter, then such ordinance is, to the
extent of the inconsistency, repealed.
This chapter is effective five days after the date of adoption.
