[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 5-17-1978 by Ord. No. 1822, which ordinance repealed former Ch. 82, Garbage, Rubbish and Refuse, adopted 12-20-1961 by Ord. No. 1372, as amended. Amendments noted where applicable.]
GENERAL REFERENCES
Rodent and insect control — See Ch. 90, Art. VIII.
Junk dealers — See Ch. 95.
Littering — See Ch. 99.
Newspaper separation and collection — See Ch. 103.
[Amended 5-10-1989 by Ord. No. 3146]
A. 
The following words and items used in this chapter shall have the following meanings:
ACCEPTABLE WASTE
Municipal waste which is collected from the general public or is otherwise consistent with Section 7701(e)(3)(B) of the Internal Revenue Code of 1986, as amended, which is not unacceptable waste.
ALLEYWAY
A private easement whose purpose is to allow access to multiple adjacent single-family and multiple-family residences.
[Added 11-20-1991 by Ord. No. 3263; amended 12-16-2015 by Ord. No. 4077]
APARTMENT
A building designed for and occupied exclusively as a residence for three or more families, each of which lives and cooks separately and none of whom share a housekeeping unit
[Added 12-19-1990 by Ord. No. 3219]
COLLECTOR
Any person, other than one having a contract with the Township of Lower Merion, who collects and transports garbage and/or refuse. "Collector" shall also include a person who collects and transports rendering material.[1]
CONTAINER
A receptacle in which municipal and/or recyclable waste is stored until collection, as further defined in § 82-13.1H below.[2]
[Added 8-3-1992 by Ord. No. 3290; amended 12-16-2015 by Ord. No. 4077]
COUNTY
County of Montgomery, Pennsylvania.[3]
CURBSIDE
The area within five feet of the paved edge of the street or alleyway.[4]
[Added 11-20-1991 by Ord. No. 3263; amended 8-3-1992 by Ord. No. 3290]
DWELLING
A building designed for and occupied exclusively for residential purposes.
[Added 12-19-1990 by Ord. No. 3219]
DWELLING UNIT
A single unit providing complete, independent living facilities for one family, including provisions for living, sleeping, eating, cooking and sanitation.
[Added 12-19-1990 by Ord. No. 3219]
EXISTING CONTRACT
Any agreement or contract fully executed prior to the effective date of this section for the collection, disposal or transportation of municipal waste generated within Lower Merion Township.[5]
FAMILY
As defined in § 155-2.1 of the Code of the Township of Lower Merion.
[Added 12-19-1990 by Ord. No. 3219; amended 2-26-2020 by Ord. No. 4184]
GARBAGE
Includes any accumulation of animal, vegetable or other matter resulting from the preparation, decay and dealing in or storage of meats, fish, fowl, fruits and vegetables, including tin cans, containers or wrappers disposed of along with such material, but shall not include rendering material.
GLASS
All products made from silica or sand, soda ash and limestone; the product may be transparent, translucent or colored and may be used as a container for packaging or bottling; but shall not include ceramics, plate glass, mirrors, light bulbs or headlights.
[Added 7-18-1990 by Ord. No. 3200]
INSTITUTIONAL ESTABLISHMENT
A school, college, church, hospital, sanatorium or similar entity.
[Added 12-19-1990 by Ord. No. 3219]
LEAF WASTE
Leaves, garden residues, shrubbery, tree trimmings and similar materials, but not including grass clippings.
[Added 7-18-1990 by Ord. No. 3200; amended 12-19-1990 by Ord. No. 3219]
LOT
As defined in § 155-2.1 of the Code of the Township of Lower Merion.[6]
[Added 12-19-1990 by Ord. No. 3219; amended 2-26-2020 by Ord. No. 4184]
MUNICIPALITY
The Township of Lower Merion, a township of the first class located within the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
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[7] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.[8]
MUNICIPAL WASTE AUTHORITY
The Waste System Authority of Montgomery County created by the county for purposes relating to municipal waste processing and disposal and/or of the intermunicipal agreement for the disposal of municipal solid waste and the County Waste Flow Ordinance.
NEWSPAPER
Paper of the type commonly referred to as "newsprint," excepting junk mail, flyers, books, magazines, gloss paper and telephone book covers.
[Added 7-18-1990 by Ord. No. 3200]
NONPROCESSIBLE WASTE
That portion of acceptable waste which consists of white goods, automobile tires in quantity or noncombustible items, stumps, logs, brush and other waste which either weighs in excess of 25 pounds or exceeds one of the following dimensions: four feet in length, four inches in diameter or four inches in thickness.
OWNER
The owner or owners of any building or structure, whether an individual, firm, corporation, association or partnership. The owner of a group of five or more dwelling units held as a condominium shall be the condominium association.
[Added 12-19-1990 by Ord. No. 3219; amended 11-20-1991 by Ord. No. 3263]
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, 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 provisions of this chapter prescribing a fine, penalty, imprisonment or denial or grant of any license or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.[9]
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible waste.
REAR YARD
Any location other than the area defined in the definition of "curbside" as previously stated in this section.
[Added 11-20-1991 by Ord. No. 3263]
RECYCLING or RECYCLED
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
REFUSE
Includes any waste product, solid or material having the character of a solid rather than a liquid, composed wholly or partly of such material as trash, rubbish, litter, industrial solid wastes or domestic solid wastes from dwellings, apartments, markets, stores, hotels, motels, restaurants, schools, churches, hospitals, colleges, clubs and the like, but shall not include rendering material.
RENDERING MATERIAL
Includes clean edible fats and bones intended to be treated by heat so as to separate the fats from animal tissue.
RESIDENTIAL COMPONENT
All acceptable waste generated by households within the township, exclusive of multiple-family dwellings which are not included in the calculation of the residential component pursuant to regulations of the county.[10]
SINGLE AND SEPARATE OWNERSHIP
As defined in § 155-2.1 of the Code of the Township of Lower Merion.
[Added 12-19-1990 by Ord. No. 3219; amended 2-26-2020 by Ord. No. 4184]
SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively as a residence for only one family.
[Added 12-19-1990 by Ord. No. 3219]
SOURCE SEPARATION
The segregation and collection, prior to collection by the Township, for the purpose of recycling of individual components of acceptable waste, such as (without limitation) bottles, cans and other recyclable materials as provided herein.
[Amended 12-16-2015 by Ord. No. 4077]
TWO-FAMILY DWELLING
A building designed for and occupied exclusively as a residence for two families.
[Added 12-19-1990 by Ord. No. 3219]
UNACCEPTABLE WASTE
Explosives, pathological and biological waste, residual waste and hazardous waste, radioactive materials, sludges, cesspools and other human waste, human and animal remains, motor vehicles, liquid waste, contained gaseous materials which may pose a hazard to the facility or the community, hazardous substances, as defined in the Federal Comprehensive Environmental Response, Compensation and Liability Act, as it may be amended from time to time hereafter, and any analogous federal, state or local law, ordinance, rule or regulation as may be applicable at the time of delivery of waste to the facility, and commercial waste which is not permitted by law to be treated and disposed of in the facility; any item of waste either smoldering or on fire; construction and demolition debris, ashes, incinerator residue and foundry sand; wastes in quantities and concentrations which require special handling in their collection and/or processing, including medical or other "red bag waste"; and all other items of waste which, at the time of delivery to the facility, would be likely to pose a threat to health or safety or have been prohibited by any valid and enforceable judicial decision, order or governmental action from being accepted by the facility.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
[1]
Editor's Note: The former definition of "company," which immediately followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
[2]
Editor's Note: The former definition of "contractor," which immediately followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
[3]
Editor's Note: The former definitions of "county ordinance" and "‘county system’ or ‘system,’" which immediately followed this definition, were repealed 12-16-2015 by Ord. No. 4077.
[4]
Editor's Note: The former definition of "date of county system operation," which immediately followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
[5]
Editor's Note: The former definitions of "facility" and "facility agreement," which immediately followed this definition, were repealed 12-16-2015 by Ord. No. 4077.
[6]
Editor's Note: The former definition of "municipal commitment," which immediately followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
[7]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq.
[8]
Editor's Note: The former definition of "municipal waste authority," which immediately followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
[9]
Editor's Note: The former definitions of "plan" and "point of entry into the county system," which immediately followed this definition, were repealed 12-16-2015 by Ord. No. 4077.
[10]
Editor's Note: The former definition of "service agreement," which immediately followed this definition, was repealed 12-16-2015 by Ord. No. 4077.
B. 
All other capitalized words and phrases shall have the same meanings as set forth in the Solid Waste Management Act of the Commonwealth of Pennsylvania, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq., (Act 97) or the Municipal Waste Planning, Recycling and Waste Reduction Act of the Commonwealth of Pennsylvania, Act 101 of July 28, 1988, P.L. 556, (Act 101) as they may hereafter be amended or supplemented by legislation regarding municipal waste management or planning or as set forth in the IMA, facility agreement or service agreement. To the extent that any definition herein varies from the definition in the IMA, the definition in the IMA shall control.
[1]
Editor's Note: Former §§ 82-2, Operation by licensed collectors and transporters, as amended; 82-3, Disposal of municipal waste, as amended; 82-4, Regulations, added 5-10-1989 by Ord. No. 3146; and 82-5, Annual survey, added 5-10-1989 by Ord. No. 3146, were repealed 12-16-2015 by Ord. No. 4077.
[Added 5-10-1989 by Ord. No. 3146]
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding contracts for facilities or for hauling to facilities, was repealed 12-16-2015 by Ord. No. 4077.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, regarding contracts for the collection, transportation, processing or disposal of municipal waste, was repealed 12-16-2015 by Ord. No. 4077.
C. 
Residents provided municipal waste collection services implemented by the Township shall be required to use such services for the collection of all municipal waste generated by their households and to separate from other municipal waste placed for collection those recyclable items set forth in regulations issued by the Lower Merion Director of Public Works, with the concurrence of the Board of Commissioners, including the following:
[Amended 2-20-1990 by Ord. No. 3180; 7-18-1990 by Ord. No. 3200; 12-19-1990 by Ord. No. 3219; 12-8-2010 by Ord. No. 3932; 12-16-2015 by Ord. No. 4077]
(1) 
Commingled items: glass (clear or colored) food or beverage containers; aluminum, steel and bimetallic cans; and plastic food or beverage containers.
(2) 
Newspaper, magazines, books, cardboard.
(3) 
Leaf waste.
D. 
Residents not provided municipal waste collection services implemented by the Township shall be required to separate from municipal waste placed for collection the following recyclable items:
[Amended 7-18-1990 by Ord. No. 3200; 12-19-1990 by Ord. No. 3219]
(1) 
Leaf waste.
(2) 
At least three items, from municipal waste generated at their dwelling units, chosen from the following; glass (clear or colored) food or beverage containers; aluminum, steel and bimetallic cans; high-grade office paper; newspaper; corrugated paper; and plastic food or beverage containers.
E. 
Commercial, institutional and business recycling. Henceforth, persons occupying commercial, institutional and business establishments shall be required to separate from other solid waste placed for collection the following recyclable items:
[Added 7-18-1990 by Ord. No. 3200]
(1) 
High-grade office paper.
(2) 
Aluminum, steel and bimetallic cans.
(3) 
Corrugated paper.
(4) 
Leaf waste.
F. 
An owner, landlord or agent of an owner or landlord of a multiunit residential, commercial, institutional or industrial property and a homeowners' association of any condominium, planned residential development or cluster development, where such complex is comprised of four or more units, shall establish a collection system for recyclable materials at such complex. The collection system must include suitable containers for the collection and separating of materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Arrangements shall be made by such owner, landlord, agent or homeowners' association for the collection of these materials by private contractor if Township collection services are not provided. Provided that they comply with the foregoing requirements, owners, landlords, agents and homeowners' associations shall not be liable for the noncompliance of occupants with their obligation to separate recyclable materials.
[Added 7-18-1990 by Ord. No. 3200; 12-19-1990 by Ord. No. 3219]
G. 
Hazardous waste, hazardous waste containers and improper recyclables shall not be placed for pickup with recyclable items. It is the responsibility of the person or entity required to separate recyclable items to arrange for the disposition of hazardous waste as required by law.
[Added 7-18-1990 by Ord. No. 3200]
H. 
The Lower Merion Director of Public Works, with the concurrence of the Board of Commissioners, may further implement mandatory recycling by rules and regulations adopted pursuant hereto. In addition to those other remedies set forth in this chapter, the Township or refuse contractor may refuse to collect solid waste not separated as provided herein or by regulation.
[Added 7-18-1990 by Ord. No. 3200; amended 12-16-2015 by Ord. No. 4077]
I. 
All recyclables placed for collection by the Township pursuant to this chapter shall, when thus placed, become the property of the Township. However, any resident may donate or sell recyclable items to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable items from the collection of a residence without prior written permission from the Township.
[Added 7-18-1990 by Ord. No. 3200]
J. 
An owner, landlord or agent of an owner or landlord of a commercial, institutional or industrial establishment or a residential dwelling not receiving Township recycled waste collection services shall annually report the total number of tons of municipal waste which have been recycled in the previous year to the Director of the Public Works Department, on a form and in such time and manner as prescribed by the Director for such purpose. Such owner, landlord or agent shall have a written contract with the entity providing recycled waste collection services and shall make it available to the Director of the Public Works Department, together with such other evidence or information as the Director deems appropriate to confirm the information reported.
[Added 12-19-1990 by Ord. No. 3219]
K. 
Collectors of municipal waste from commercial, institutional or industrial establishments, or from a residential dwelling not receiving Township recycled waste collection services, shall annually report to the Director of Public Works the owners and the addresses of all such establishments, the amount of municipal waste collected, the total amount of recycled municipal waste collected and marketed and an estimate of the amount of recycled municipal waste collected and marketed from each client. For all materials marketed, collectors shall provide the Township with documentation on the letterhead of the market or on forms provided by the market, signed by an authorized representative verifying that the materials were received and identifying the type and weight of the materials received. Estimates of weight will not be accepted except in cases where:
[Added 1-18-1995 by Ord. No. 3381]
(1) 
The material is packaged in uniform bales and the average weight of a bale can be demonstrated; or
(2) 
When multiple generators contribute to a known quantity of marketed material and the collector or market estimates the quantities allocable to any individual establishment, and verifies the estimate with his or her signature. Upon receipt of such information, the Director of Public Works may waive the requirement set forth in Subsection J above.
L. 
Recycling at events. Any person, institution or entity organizing or in charge of an event on public or private property at which 200 or more persons are expected to be present shall provide for the separation from other municipal waste and for the collection of recyclable items, including commingled glass, food or beverage containers; aluminum, steel or bimetallic cans; and plastic food or beverage containers.
[Added 12-8-2010 by Ord. No. 3932]
[Added 5-10-1989 by Ord. No. 3146]
A. 
It shall be unlawful for any person to:
[Amended 12-16-2015 by Ord. No. 4077]
(1) 
Violate, cause or assist in the violation of any provision of this chapter, any rule, regulation or order promulgated hereunder.
(2) 
Transport, process, treat, transfer or dispose of, or cause to be processed, treated, transferred or disposed of, municipal waste generated within the Township except as provided for in this chapter.
(3) 
(Reserved)
(4) 
Hinder, obstruct, prevent or interfere with the Township or its personnel in the performance of any duty under this chapter or in the enforcement of this chapter.
(5) 
Act in a manner that is contrary to Act 97 or Act 101, regulations promulgated thereunder, the plan, this chapter, or rules or regulations promulgated under this chapter.
B. 
Any unlawful conduct set forth above shall constitute a public nuisance.
[Added 8-1-1990 by Ord. No. 3202; amended 2-18-1998 by Ord. No. 3477; 1-18-2006 by Ord. No. 3768]
No person shall deposit containers for the collection of municipal waste within the Township of Lower Merion without first having registered as a collector for the current calendar year with the Lower Merion Director of Building and Planning. Each registered collector will be entitled to a permit for each container placed in the Township for use by a customer to deposit waste for collection. The fee for each permit shall be as set forth in the Township Schedule of Fees, as adopted and amended from time to time by the Board of Commissioners.[1] No container shall be placed for the collection of waste within the Township unless each such container prominently displays the permit sticker issued by the Township. The Township reserves the right not to issue or, if issued, to revoke a permit for any container whose condition is not in compliance with § 82-13 hereof. Application for a permit shall be made upon a form supplied by the Township. Permits will be issued by the Lower Merion Director of Building and Planning when the collector has complied with all of the provisions of this chapter and paid the prescribed permit fee.
[1]
Editor's Note: See Ch. A167, Fees.
[1]
Editor’s Note: Former § 82-8.2, Documents required at time of registration, added 8-1-1990 by Ord. No. 3202, as amended 2-18-1998 by Ord. No. 3477, was repealed 1-18-2006 by Ord. No. 3768.
[1]
Editor’s Note: Former § 82-10, Regulations applicable to all collectors, amended 11-18-1987 by Ord. No. 3068 and 2-18-1998 by Ord. No. 3477, was repealed 1-18-2006 by Ord. No. 3768.
[1]
Editor’s Note: Former § 82-11, Vehicles collecting garbage and/or refuse, amended 11-18-1987 by Ord. No. 3068, was repealed 1-18-2006 by Ord. No. 3768.
[Amended 11-18-1987 by Ord. No. 3068]
All vehicles used for collecting rendering material shall be:
A. 
Constructed of welded steel.
B. 
So constructed that the body is easily cleanable and designed to prevent the leakage and spillage of the contents.
C. 
Provided with a cover except when materials are transported in leakproof containers with tight-fitting lids.
[Amended 2-18-1998 by Ord. No. 3477]
All collectors who furnish garbage and/or refuse containers to their customers shall furnish and maintain all such containers in leakproof condition and with operable lids which, when closed, shall effectively prevent the escape of noxious odors, effluent, refuse and garbage and which, when closed, shall effectively prevent the entry of vermin and vectors into such containers. Furthermore, the name, address and telephone number of the collector furnishing any such garbage and/or refuse container shall be prominently displayed thereon.
[Added 12-19-1990 by Ord. No. 3219]
A. 
Statement of legislative intent. It is the purpose and intent of this section to promote the public health, safety and general welfare by providing for a system of collection and disposal of garbage and refuse generated within the Township, combining public and private resources in recognition and furtherance of the following:
(1) 
The Commonwealth of Pennsylvania has enacted the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, Act No. 97, and the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, Act No. 101.[1] The provisions of this section are intended to comply with the provisions of those statutes and should be construed accordingly. Words used herein shall have the definition as in those statutes.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(2), which stated that the county would provide to private and municipal haulers a means for the disposal of municipal waste, was repealed 12-16-2015 by Ord. No. 4077.
(3) 
The Township cannot economically provide the equipment required for the collection and disposal of the varied types of commercial, institutional and industrial waste generated in the Township.
(4) 
The types of collection facilities used and required by most residential facilities having more than 50 dwelling units are not adaptable to Township equipment, and the Township cannot economically provide the additional, specialized equipment needed for collection of municipal waste from such facilities.
(5) 
Single-family and smaller multifamily residential facilities cannot effectively bargain for trash removal services from private haulers.
(6) 
The public health, safety and welfare of the community requires a municipally sponsored program of garbage and refuse removal in order to prevent the accumulation of such waste on private and public property.
(7) 
Municipal waste removal services cannot be economically provided by the Township to all properties. It is the intent of this section to establish classes of public uses and to provide equal waste removal service within such classifications.
(8) 
The Township will maintain trash transfer facilities for the use of the Township and, at a reasonable charge, for the use of its residents.
[Amended 12-16-2015 by Ord. No. 4077]
(9) 
The types of recyclable materials generated by commercial uses are markedly different that those generated by residential uses. The Township cannot economically provide for the removal of all types of recyclable materials generated within the Township and thus has elected not to provide services to remove recyclable waste from commercial, institutional and industrial uses.
B. 
Eligibility.
(1) 
Residential dwellings.
(a) 
The Township shall provide for the collection and disposal of municipal waste generated from all single-family dwellings, all two-family dwellings and all apartments containing four or fewer dwelling units except those located above commercial establishments.
[Amended 11-20-1991 by Ord. No. 3263; 10-21-2009 by Ord. No. 3893]
(b) 
Upon the request of the owner, landlord or agent of an owner or landlord, the Township shall provide for the collection and disposal of municipal waste generated from an apartment or group of apartments containing more than four and up to a limit of 50 dwelling units except as set forth in Subsection B(1)(c) below, provided that the Township's collection regulations are complied with.
[Amended 11-20-1991 by Ord. No. 3263]
(c) 
An apartment or group of apartments containing more than 50 dwelling units shall not be eligible to receive municipal waste collection and disposal services provided by the Township.
(d) 
In determining the number of dwelling units in an apartment, the Township will include all dwelling units within dwellings situated on a lot or group of lots held in single and separate ownership as of the effective date hereof.
(2) 
Commercial, institutional or industrial establishments. Commercial, institutional or industrial establishments shall not be eligible for Township municipal waste collection and disposal services.
C. 
Municipal waste not collected by Township.
(1) 
The Township shall not provide for the collection and disposal of the following waste:
(a) 
Unacceptable waste.
(b) 
Municipal waste generated from commercial, institutional or industrial establishments.
(c) 
Municipal waste generated from residential dwellings which are not eligible to receive Township collection and disposal services.
(2) 
The Township shall maintain the right to refuse to collect any municipal waste which is maintained, stored or placed for collection in violation of the provisions of this chapter.
D. 
General regulations.
(1) 
The storage of municipal waste between collection periods shall be carried out in such a manner so as to avoid the creation of a public nuisance. Containers for the storage of municipal waste shall have tight-fitting covers, which shall be kept in place at all times, and shall be placed between collection periods so as not to be visible from a street.
[Amended 12-16-2015 by Ord. No. 4077]
(2) 
Municipal waste shall be placed for collection regularly and not be allowed to accumulate.
(3) 
To avoid littering, containers shall not be overfilled and shall be sealed with tightly fitting covers when placed for collection.
(4) 
Garbage shall be drained of all liquids and wrapped in paper before being placed in containers.
(5) 
Township collectors shall not enter buildings, garages or carports to remove or collect municipal waste.
(6) 
Township collectors shall not solicit gratuities.
(7) 
Driveways and other means of approach used by Township collectors shall be kept clear of vehicles, equipment or other items on collection days. If municipal waste containers are located more than 100 feet from the street, an open route for collection vehicles to gain access to the area where the containers are located must be provided.
[Amended 10-21-2009 by Ord. No. 3893]
(8) 
Dogs shall not be allowed to run loose on the property on collection days.
(9) 
All recycled waste shall be separated and placed for collection in accordance with § 82-6C of this chapter.
(10) 
Special arrangements shall be made with the Public Works Department for the collection of nonprocessible waste.
(11) 
Live Christmas trees are to be placed at the curbline for separate collection on regular collection days, one to three weeks following Christmas Day. Such trees shall be free of all ornamentation and tree stands.
[Amended 12-16-2015 by Ord. No. 4077]
(12) 
The Director of the Public Works Department, or his designee, with the concurrence of the Board of Commissioners, may establish additional regulations setting forth the manner, days and times of collection of recycled and nonrecycled waste, the types of waste required to be recycled, and the bundling, handling and location of such waste for collection. The regulations established under this section shall include, but not be limited to, the manner and method of collection, the manner of conducting public information and education programs and the manner of enforcement of the provisions of this section.
[Amended 12-16-2015 by Ord. No. 4077]
E. 
Time of collection.
(1) 
Municipal waste shall be collected from the various portions of the Township in accordance with a schedule approved by the Director of the Public Works Department. The schedule shall provide for a once-per-week collection of nonrecycled municipal waste and leaf waste and a biweekly collection of recyclable commingled items and newspaper.
(2) 
Collections shall commence at 7:00 a.m., local time.
(3) 
Containers placed for curbside collection may be put out no earlier than 7:00 p.m. on the night before and no later than 7:00 a.m. on the day of collection; containers must be retrieved no later than 9:00 p.m. of the day of collection.
[Amended 8-3-1992 by Ord. No. 3290; 12-15-2016 by Ord. No. 4077]
F. 
Holidays. Municipal waste collections shall be suspended on the following holidays: New Year's Day, Martin Luther King, Jr., Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. The Director of the Public Works Department shall approve changes to the regular collection schedule due to the suspension of collection on holidays.
[Amended 8-3-1992 by Ord. No. 3290; 10-21-2009 by Ord. No. 3893]
G. 
Location of municipal waste for collection.
(1) 
All municipal waste placed for collection must be in a container placed at curbside or within five feet of the edge of the cartway, be readily visible from the cartway, and be within the same location each time it is offered for collection. The point of collection must be adjacent to a street, alleyway or other cartway kept free of snow or other obstruction and both constructed and maintained to a standard that will allow ready access by a full-size Township refuse truck.
[Amended 11-20-1991 by Ord. No. 3263; 10-21-2009 by Ord. No. 3893]
(2) 
If the resident has contracted with the Township for rear yard collection, or is otherwise entitled to rear yard collection, the municipal waste container must be centrally placed outside of a building on the ground in a readily accessible area. Municipal waste, other than leaf waste, may be placed near the side or rear house line on the driveway side of the house, if space and accessibility permit.
[Amended 8-3-1992 by Ord. No. 3290; 10-21-2009 by Ord. No. 3893]
(3) 
Leaf waste shall be placed at the curbline.
[Amended 8-3-1992 by Ord. No. 3290]
(4) 
Containers for recycled and nonrecycled waste shall be kept separate and not intermingled.
(5) 
In case of dispute, the Director of Public Works, or his designee, shall determine the location to be selected for the placement of containers.
[Amended 12-16-2015 by Ord. No. 4077]
(6) 
All municipal waste must be placed for collection as provided herein. Municipal waste may not be placed for collection in or alongside trash receptacles provided by the Township along streets or on public property; nor may it be placed or commingled with municipal waste placed for collection by private property owners.
[Added 4-19-1995 by Ord. No. 3391]
H. 
Containers.
(1) 
All nonrecyclable municipal waste collected by the Township shall be placed in containers provided by and at the expense of the owner or occupant where municipal waste is generated. The containers shall be durable, watertight and made of galvanized metal or plastic. They shall have tightly fitting covers that remain in use, be maintained in good condition and be kept as sanitary as possible in a manner consistent with their use. The containers shall be of a tapered design with the top being wider than the bottom. They shall have a capacity of not more than 48 gallons and shall not exceed 50 pounds when full.
[Amended 12-16-2015 by Ord. No. 4077; 11-13-2019 by Ord. No. 4173]
(2) 
Recyclable commingled items, as enumerated in § 82-6C(1), and Township regulations, shall be placed in thirty-two gallon recycling containers available from the Township.
[Amended 12-16-2015 by Ord. No. 4077]
(3) 
Newspaper shall be placed in paper shopping bags or bundled with string.
(4) 
Leaf waste must be placed in either biodegradable bags available from the Township, paper shopping bags, or nondisposable containers not exceeding a forty-five-gallon capacity. Branches may also be cut in lengths not exceeding four feet and tied in bundles not exceeding 18 inches in diameter. Garden waste shall not be allowed to protrude from containers.
[Amended 12-16-2015 by Ord. No. 4077]
(5) 
Grass clippings are considered municipal solid waste and should be placed in refuse containers for collection with other municipal waste.
[Amended 12-16-2015 by Ord. No. 4077]
(6) 
All other municipal waste shall be placed for collection in containers sized as follows and subject to the following weight limits:
[Added 10-21-2009 by Ord. No. 3893; amended 11-13-2019 by Ord. No. 4173]
(a) 
A single container having a twenty-gallon capacity or less with a weight limit of 25 pounds; or
(b) 
One or more containers having a forty-eight-gallon capacity or less with a weight limit of 50 pounds; and/or
(c) 
One or more containers each having a capacity of more than 48 gallons; each increment of 48 gallons counts as one additional container. Municipal waste placed for collection in a container having a capacity greater than 48 gallons shall be placed in individual tightly sealed plastic refuse bags within each container, each refuse bag weighing no more than 50 pounds.
I. 
Quantity limits. There shall be no limit on the number of containers of nonrecyclable or recyclable municipal waste which will be collected on any one collection day from each dwelling unit. However, only one subscription at the rate for a twenty-gallon or less container may be sold to a single dwelling unit.
[Amended 8-3-1992 by Ord. No. 3290; 10-21-2009 by Ord. No. 3893]
J. 
Fees imposed for the disposal of nonprocessible (bulk) waste. Each person requesting the collection and/or disposal of nonprocessible waste shall be assessed a disposal fee established by the Director of Public Works based on market conditions and published on the Township website. Fees are due and payable at the time the collection request is made.
[Amended 10-21-2009 by Ord. No. 3893; 12-15-2016 by Ord. No. 4077]
K. 
Fees imposed for the collection and disposal of solid waste.
[Added 11-20-1991 by Ord. No. 3263; amended 8-3-1992 by Ord. No. 3290]
(1) 
Fees imposed for the collection and disposal of municipal waste. There is hereby imposed a solid waste fee upon the property owner of record of each residential dwelling unit provided with or to be provided with Township municipal waste collection and disposal services. The solid waste fee shall permit collection at curbside of any number of containers depending on the subscription rate selected and paid for by the resident. The solid waste fee, subscription rates and fees for rear yard collection, if established, are set forth in Chapter A167.
[Amended 12-17-1997 by Ord. No. 3472; 12-16-1998 by Ord. No. 3510; 1-17-2001 by Ord. No. 3599; 10-21-2009 by Ord. No. 3893]
(2) 
Forwarding of bills. All bills for the collection of this fee will be forwarded to the affected property owners at such time and in such manner as may be directed by the Township Manager.
(3) 
Discount for timely payments; penalty for delinquent payments. Property owners obligated for the payment of a solid waste fee to the Township shall be entitled to a discount of 2% from the amount of such fee upon making payment of the whole amount thereof within two months after the date of the fee notice. Property owners who shall fail to make full payment of any such solid waste fee charged against them for four months after the date of the fee notice shall be charged a penalty of 10%, which penalty shall be added to the solid waste fees collected by the Township.
(4) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection K(4), Interest on delinquent payments, was repealed 1-16-2019 by Ord. No. 4153.
(5) 
Termination of collection services. The Township shall proceed to collect all such delinquent solid waste fees, together with interest, penalties and costs accrued thereon, by action at law and/or by filing liens for the same in the office of the Prothonotary of the Court of Common Pleas of Montgomery County. In addition, if the owner of an apartment containing five or more units neglects or fails to pay a bill for solid waste fees for four months after the date of the fee notice, the Township may terminate solid waste collection services until all such overdue solid waste fees, together with interest, penalties and costs thereon, shall be paid.
(6) 
Notice of termination. In no case shall solid waste collection services to any property terminate until 10 days after written notice of an intention to do so has been mailed to the owner of the property and, in addition thereto, there has been posted a written notice of such impending termination of solid waste collection services at a main entrance to the property. The Township Treasurer or his authorized agent shall perform such mailing and posting.
(7) 
Defense to termination. If during such ten-day period the owner of the property delivers to the Township a written statement, under oath or affirmation, stating that he has a just defense to the claim, or part of it, for such fees or charges, then the collection services shall not be terminated until the claim has been judicially determined. Such statement shall also contain a declaration under oath or affirmation that it was not executed for the purpose of delay.
(8) 
Time schedules to be directory only. The foregoing directions as to time to adopt annual ordinances and the time to mail out bills and all other times specified herein shall be considered directory only and not mandatory, and the failure to do one or all of said acts on time shall not invalidate the ordinance passed, shall not invalidate any bill rendered and shall not invalidate or forgo the collection of any solid waste fees.
(9) 
Senior rebate program. Persons 65 years of age or older as of January 1 of the current year who have subscribed for solid waste collection service from the Township for one or more containers with a capacity of up to 48 gallons, who are solely responsible under this subsection for payment of a solid waste fee for a property which they occupy as their principal residence and whose prior year's annual household income would qualify them to participate in the Pharmaceutical Assistance Contract for the Elderly (PACE) or the Pharmaceutical Assistance Contract for the Elderly Needs Enhancement Tier (PACENET) programs sponsored by the Commonwealth of Pennsylvania may, on or before September 30 of the current year, apply for a rebate with respect to that payment equal to 15% of the undiscounted one-can rate. The rebate will first be applied to any prior year solid waste fee, including interest, penalty and costs, then due and owing, and the balance, if any, will then be remitted to the applicant.
[Added 3-17-1999 by Ord. No. 3522; amended 12-15-1999 by Ord. No. 3552; 10-21-2009 by Ord. No. 3893; 12-16-2009 by Ord. No. 3900; 11-13-2019 by Ord. No. 4173]
(10) 
Rear yard collection for disabled persons. If a resident qualifies as a disabled person and does not live in a household in which an able bodied person also resides, the disabled resident may apply for and receive exemption from the rear yard collection fee. Qualifying persons must have a physical or mental impairment that substantially limits their ability to move a municipal waste and/or recycling container to a curbside collection point. Those with a temporary disability may apply for and be entitled to a reduced rear yard collection fee prorated during their period of disability. The Director of Public Works shall establish rules and regulations to determine entitlement.
[Added 10-21-2009 by Ord. No. 3893]
[Amended 8-3-1988 by Ord. No. 3104; 5-10-1989 by Ord. No. 3146; 8-3-1992 by Ord. No. 3290]
Any person violating any of the provisions of this chapter shall be subject to a fine or penalty of not more than $1,000 for each and every violation, to be collected as like fines or penalties are now by law collectible. Each day that there is a violation of this chapter shall constitute a separate offense.
[1]
Editor's Note: Former § 82-15, Revocation of license, added 5-10-1989 by Ord. No. 3146, was repealed 12-16-2015 by Ord. No. 4077.
[Added 5-10-1989 by Ord. No. 3146; amended 12-16-2015 by Ord. No. 4077]
A. 
Restraining violations. In addition to any other remedy provided in this chapter, the Township may institute a suit in equity where unlawful conduct or public nuisance exists for an injunction to restrain a violation of this chapter or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this chapter. In addition to an injunction, the court may impose penalties as authorized by § 82-14 hereof.
B. 
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.