[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."
ACT 101
The statewide recycling requirement in Pennsylvania known as the Municipal Waste Planning Recycling and Waste Reduction Act of 1988.[1]
AUTHORIZED COLLECTOR
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.
COMMERCIAL ESTABLISHMENT
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.
COMMUNITY 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.
COMPOSTING FACILITY
A facility for composting vegetative material, including leaves, garden residue and chipped shrubbery and tree trimmings that is permitted by the Commonwealth of Pennsylvania.
COVERED DEVICE
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.
DISPOSAL FACILITY
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.
DWELLING UNIT
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.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
INSTITUTIONAL ESTABLISHMENT
An establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools, universities, churches and social or fraternal societies and organizations.
LEAF/YARD WASTE
Leaves, garden residues, shrubbery, grass clippings, tree trimmings, and similar materials.
MULTIFAMILY RESIDENTIAL ESTABLISHMENT
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.
MUNICIPAL ESTABLISHMENT
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.
MUNICIPAL WASTE
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.
PERSON
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.
RECYCLABLE MATERIALS
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.
RECYCLING
The collection, processing, recovery and sale or reuse of recyclable materials, which could otherwise be disposed or processed as municipal waste.
RECYCLING CONTAINER
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.
RECYCLING FACILITY
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.
SINGLE-FAMILY RESIDENTIAL ESTABLISHMENT
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."
SOURCE SEPARATION
The separation of recyclable materials from municipal waste at the points of origin for the purpose of recycling.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6031.101 et seq.
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.