This article shall be known as the "Municipal Waste Collection and Recycling
Ordinance."
As used in this article, the following terms shall have the meaning
indicated:
ACT 97
The Solid Waste Management Act of 1980.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of
1988.
ALUMINUM
Empty, all-aluminum beverage and food containers, commonly known
as "aluminum cans."
AUTHORITY
The Waste System Authority of Western Montgomery County, Pennsylvania,
duly formed by resolution of the Montgomery County Board of Commissioners
consisting of representatives from the following member municipalities: Upper
Hanover Township, East Greenville Borough, Pennsburg Borough, Red Hill Borough,
Marlborough Township, Salford Township, Upper Salford Township, Lower Frederick
Township, Schwenksville Borough, Skippack Township, Perkiomen Township, Trappe
Borough, Collegeville Borough, Lower Providence Township, Upper Providence
Township, Royersford Borough, Limerick Township, Lower Pottsgrove Township,
Pottstown Borough, West Pottsgrove Township, Upper Pottsgrove Township, New
Hanover Township, Douglass Township, Green Lane Borough and Upper Frederick
Township.
BIMETAL CANS
Empty food or beverage containers constructed of a mixture of ferrous
metal, usually tin or steel, and nonferrous metal, usually aluminum.
BULK ITEMS
Any large white appliances such as refrigerators, washing machines,
window air conditioners, hot water heaters, dishwashers, and any other major
home appliances in addition to other large bulk items such as dressers, beds,
mattresses, sofas, television sets and other large household items. All terms
not separately defined in this article that are contained in Act 97 and Act
101 are incorporated herein by reference.
CORRUGATED PAPER
Paper products made of a stiff, moderately thick paper board, usually
containing folds or alternating ridges, commonly known as "cardboard."
DEP
The Pennsylvania Department of Environmental Protection.
GLASS
Products made from silica or sand, soda ash and limestone; the product
may be transparent (clear) or colored (e.g., brown or green) and used as a
container for packaging (e.g., jars) or bottling of various matter. Expressly
excluded are noncontainer glass, window or plate glass, light bulbs, blue
glass and porcelain and ceramic products.
GRASS CLIPPINGS
The material bagged or raked during or after cutting of a lawn, field
or similar grassed area.
HIGH-GRADE OFFICE PAPER
All types of white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
HOUSEHOLD HAZARDOUS WASTE
Small quantities of hazardous waste (as defined in Act 97) available
to a person or entity on a retail basis such as pesticides, certain paints,
aerosol cans and fertilizers.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar
material, but does not include grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Such matter typically has a gloss or shine
added to the paper. Expressly excluded are all other paper products of any
nature whatsoever.
MIXED PAPER
All types of paper combinations such as colored paper, carbonless
forms, ledger paper, colored paper envelopes, mixtures of high-grade office
paper, and the like.
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 or hazardous waste in Act 97 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.
MUNICIPAL WASTE COLLECTOR(S)
Any collector, remover, transportation and/or hauler of municipal
waste and/or recyclable materials in Skippack Township licensed pursuant to
this article and any regulations that may be established by resolution and
adopted pursuant hereto, and pursuant to any intermunicipal agreement that
may be subsequently executed by the Township with Montgomery County or other
municipalities.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed
at stated intervals, usually daily or weekly, having printed thereon news
and opinions and containing advertisements and other matters of public interest.
PERSON OR ENTITY
Any individual, firm, partnership, corporation, business, association,
institution, cooperative enterprise, trust, municipality, municipal authority,
federal institution or agency, state institution or agency (including, but
not limited to, the Department of General Services and the Public School Building
Authority), other governmental agency, or any other legal entity or group
whatsoever which is recognized by law as the subject of rights and duties.
In any provision of this article prescribing a fine, penalty or imprisonment,
or any combination of the foregoing, the term "person" or "entity" shall mean
the officers and directors of any corporation or other legal entity having
officers and directors.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large variety
of plastics, the recycling regulations will stipulate the specified types
of plastics that may be recycled.
RECYCLABLE MATERIALS
Materials generated by a person or entity which can be separated
from municipal waste and returned to commerce to be reused as a resource in
the development of useful products. Materials which may be recycled include
but are not limited to clear glass, colored (brown or green) glass, aluminum,
steel and bimetal cans, high-grade office paper, mixed paper, newspaper, corrugated
paper and plastic containers.
U-1 RESIDENT(S)
Legal owner, occupant or lessee of a single-family residential unit
in Skippack Township that has curbside collection of municipal wastes or of
any other type of multifamily residential unit, including but not limited
to townhomes, duplexes, condominiums and apartments, whose multifamily unit
has curbside recycling of municipal waste. Also classified as resident will
be any business professional who operates a permitted home occupation from
his/her personal residence.
U-2 NON-CURBSIDE RESIDENT(S)
Residents of a multifamily residential unit where provision is made
to collect and dispose of waste through collective dumpsters.
U-3 BUSINESS(ES)
Legal owner, occupant or lessee of a commercial, industrial or cooperative
enterprise, firm, partnership, corporation, association, institution, trust,
governmental entity that engages in any form of business or governmental activity
which does not have curbside collection of municipal waste.
U-4 LANDLORD(S)
Any individual or organizational owner who rents and/or leases residential
units, commercial space or industrial complexes. Landlords own the properties
in question and deal directly with their tenants or lessees.
U-5 RENTAL AGENT(S)
Any individual or organization who assumes the owner's responsibility
in renting and/or leasing residential units, commercial space or industrial
complexes. Agents do not own the properties in question and deal directly
with tenants or lessees on behalf of the owner(s).
Nothing in this article shall prohibit the Township from assigning a
portion or all of its responsibilities under Act 101 and this article to another
entity. Such assignment of responsibility will be accomplished in accordance
with Section 304(c) of Act 101 and would require the Township to enter into a written agreement
with the entity accepting such responsibilities. However, under no circumstances
will the Township relinquish its right to select the methodology for conducting
recycling, municipal waste collector subscription service to individual customers,
franchising or bidding of municipal waste collector services on a partial
or community-wide basis or municipal waste collector services provided by
a municipality.
Leaf waste collection shall be undertaken by municipal waste collectors
in accordance with regulations of DEP, and leaf waste disposal shall be undertaken
by municipal waste collectors in a DEP-approved facility or DEP-approved manner.
This article shall be construed under the laws of the Commonwealth of
Pennsylvania.
The Township may from time to time modify the regulations adopted in
accordance with this article or make modifications to this article.