[HISTORY: Adopted by the Board of Supervisors
of the Township of East Norriton as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-28-2008 by Ord. No. 510[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Solid Waste Management, adopted 5-8-1989 by Ord. No. 276.
A.
ACCEPTABLE WASTE
COMPANY
CONTRACTOR
COUNTY
COUNTY ORDINANCE
COUNTY SYSTEM or SYSTEM
DATE OF COUNTY SYSTEM OPERATION
EXISTING CONTRACT
EXTERIOR PROPERTY
FACILITY
FACILITY AGREEMENT
LICENSED HAULER
MUNICIPAL COMMITMENT
MUNICIPALITY
MUNICIPAL WASTE
MUNICIPAL WASTE AUTHORITY
NONPROCESSIBLE WASTE
OWNER
PERSON
PLAN
POINT OF ENTRY INTO THE COUNTY SYSTEM
PREMISES
PROCESSIBLE WASTE
RECYCLING or RECYCLED
RESIDENTIAL COMPONENT
SERVICE AGREEMENT
SOURCE SEPARATION
TENANT
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
WHITE GOODS
YARD
The following terms shall have the following meanings in this article:
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.
Dravo Energy Resources of Montgomery County, Inc.
Dravo Operations of Montgomery County, Inc.
The County of Montgomery, Pennsylvania.
An ordinance enacted by the county creating the county system,
providing for the licensure of various persons, regulating waste flow
and setting forth certain related provisions.
The county solid waste management and disposal system created
by the county and every aspect thereof, including but not limited
to equipment, transfer and resource recovery facilities, residue disposal
sites, contractual arrangements or other rights, owned, acquired,
leased, placed under contract, constructed or assumed, operated or
to be owned, acquired, leased, placed under contract, constructed,
operated or assumed by the county or any agent, designee or contractor
in connection with the plan.
That date on which the county system shall be declared by
the county to be ready to commence the disposal of acceptable waste
on a sustained basis.
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this municipality.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
Any agreement or contract fully executed prior to the effective
date of this article for the collection, disposal or transportation
of municipal waste generated within this municipality.
The amended and restated facility agreement among the company,
contractor and the Montgomery County Industrial Development Authority,
as such may be further amended from time to time.
Any owner of a waste transportation vehicle licensed under
Pennsylvania Act 90.
The obligation of each participating municipality to deliver,
or cause to be delivered, to the county system all of the residential
component of its municipally generated acceptable waste, and such
other acceptable waste as the participating municipality and the county
may hereafter agree to include in such municipal commitment.
The Township of East Norriton (a Township of the second class)
located within the County of Montgomery, Commonwealth of Pennsylvania.
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[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility.
The Waste System Authority of Montgomery County, created
by the county for purposes relating to municipal waste processing
and disposal and/or the intermunicipal agreement and the County Waste
Flow Ordinance.
That portion of acceptable waste which consists of:
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real estate in the Township of East
Norriton or otherwise having control of the property, including the
guardian of an estate of such person and the executor or administrator
of the estate of such 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 article 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.
The countywide municipal waste management plan developed
by the county and approved by the Department of Environmental Resources,
as such may hereafter be amended or modified in compliance with law.
Any delivery point within the county system designated by
the county for delivery of municipal waste.
A lot, plot or parcel of land, including any structures thereon.
That portion of acceptable waste which is not nonprocessible
waste.
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.
All acceptable waste generated by households within a participating
municipality, exclusive of multiple-family dwellings which are not
included in the calculation of the residential component pursuant
to regulations of the county.
The amended and restated municipal waste disposal service
agreement by and between the county and Dravo Operations of Montgomery
County, Inc., or any successor thereto, as such may be further amended
from time to time.
The segregation and collection, prior to the point of entry
into the county system, for the purpose of recycling of individual
components of acceptable waste, such as (without limitation) bottles,
cans and other materials in accordance with Act 101.[2]
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
Explosives, pathological and biological waste, residual waste
and hazardous waste, radioactive materials, sludges, cesspool or 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;
Waste 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.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
An open space on the same lot with a structure.
B.
All other capitalized words and phrases shall have the same meanings
as set forth in Act 97 or Act 101[3] as they may hereinafter be amended or supplemented by
legislation regarding municipal waste management or planning, or as
set forth in the intermunicipal agreement, facility agreement or service
agreement. To the extent that any definition herein varies from the
definition in the intermunicipal agreement, the definition in the
intermunicipal agreement shall control.
[3]
.Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
A.
Prohibited. All exterior property and premises and the interior of
every structure shall be free from any accumulation of municipal waste.
B.
Method of disposal. The occupants of a structure shall dispose of
all municipal waste in a clean and sanitary manner by placing such
municipal waste in approved containers.
C.
Containers required. The owner of every dwelling shall supply approved
leakproof, covered, outside garbage containers of sufficient number
so that all garbage and refuse of all of the occupants of the premises
can dispose of their municipal waste in a garbage container and so
that no municipal waste is stored by any occupant of the premises
outside of a garbage container at any time.
D.
Storage of municipal waste. The owner of any premises shall provide
at all times approved leakproof containers with close-fitting covers
for the storage of municipal waste until such time as the municipal
waste is removed from the premises for disposal.
E.
Removal by licensed haulers. Every owner in East Norriton Township
shall contract with an individual, entity or firm which is a licensed
hauler by the Commonwealth of Pennsylvania to have all the municipal
waste generated on the premises by any of the occupants of the premises
removed and deposited in a permitted landfill on a weekly basis or
more often.
F.
Proof of contract required. Whenever requested by East Norriton Township,
the owner of any real estate within the Township shall present proof
adequate in the judgment of the Township designee that the owner of
said real estate has a current contract with a licensed hauler to
dispose of municipal waste generated on the premises on a weekly basis
or more often. The owner of the premises shall have 72 hours to provide
proof to the Township designee that he has a current contract with
a licensed hauler to provide sufficient service to satisfy the terms
and conditions of this article.
G.
Duties of haulers. Any hauler picking up municipal waste in East
Norriton Township shall be required to advise the Township in writing
within 72 hours after request from the Township as to whether an owner
has a current contract for municipal waste disposal from his premises
within the Township. Furthermore, all licensed haulers shall cooperate
with the Township designee in providing information in the event that
an action is instituted to enforce the terms and conditions of this
article.
H.
Compost piles. Notwithstanding the terms of this article, compost
piles kept by occupants or tenants of a structure shall not violate
the terms and conditions of this article, provided that the materials
in the compost piles do not generate any offensive odors and provided
further that said compost piles are secure so that animals do not
spread the materials from the compost piles around the premises.
A.
Licensing. No person who is not duly licensed or deemed to be licensed
by the county may collect or transport municipal waste located or
generated within the municipality. This waste collection or transportation
license shall be a county license issued by the county or the municipal
waste authority. The municipality shall administer such license upon
request of the county or the municipal waste authority.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to solid waste collection or transportation within
this municipality, all municipal waste collectors and all municipal
waste transporters shall comply with the county ordinance, this article
and the other municipal waste flow ordinances and all rules and regulations
pertaining to the collection, transportation and disposal of solid
waste as may be hereafter promulgated by the municipality, or by the
municipal waste authority or the county. Delivery by such collectors
or transporters to the county system of unacceptable waste, nonprocessible
waste (except for white goods) and waste from unapproved sources is
prohibited.
C.
Administration. Licenses hereunder shall be issued and revoked by
the county or the municipal waste authority, and administered by them
or, at their request, by the municipality. Any collectors or transporters
who fail to comply with the provisions of this article shall be subject
to any applicable sanctions in addition to the revocation of their
licenses.
A.
Delivery to county system. Except as provided in Subsections B and C below, all acceptable waste generated within this municipality shall be delivered to the county system, and all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within the municipality to solid waste facilities designated in the plan at one or more points of entry into the county system as designated from time to time by the county or the municipal waste authority.
B.
Disposal at other sites. Disposal of municipal waste collected or
generated within the municipality may occur at other sites only as
permitted by rule, regulation, ordinance or order duly issued by the
county or municipal waste authority or by the written agreement of
the county or municipal waste authority and the municipality.
C.
Recycling. Nothing herein shall be deemed to prohibit source separation
or recycling or to affect any sites at which source separation or
recycling may take place.
A.
Compliance with county regulations. The collection, transportation
and disposal of municipal waste present or generated within the municipality
shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the county, including any
amendments to the County Waste Flow Ordinance and to such reasonable
rules and regulations as may be adopted by the county or the municipal
waste authority including, without limitation, regulations relating
to the operation, management and administration of the county system,
applications and standards for licensing, requirements for payment
bonds or other payment security, including but not limited to meeting
liability insurance requirements, fees to be charged for such licensing,
the terms of licenses, procedures, recordkeeping, transportation routes,
payment for services, billing for shortfalls, sanctions for nonpayment
and other matters. To the extent that a municipality is engaged in
the administration of any licenses pursuant to written agreement with
the county as required in Section 303(d) of Act 101[1] and as provided in the County Waste Flow Ordinance, it
shall do so in accordance with the foregoing rules and regulations
and, in any event, at the direction of the county.
[1]
Editor's Note: See 53 P.S. § 4000.303(d).
B.
Adoption of regulations. Rules and regulations adopted by the county
or municipal waste authority for the county system shall be deemed
rules and regulations adopted under this article. Each of the municipalities
shall abide by such rules and regulations and will not adopt any rules
and regulations to the contrary.
C.
Consistency of regulations with ordinance and other laws. No rules
or regulations adopted by the municipality pursuant to this article
shall be in violation of, inconsistent with or less stringent than
the provisions of this article, the other municipal waste flow ordinances,
the County Waste Flow Ordinance, the plan, the provisions and purposes
of Act 97, Act 101[2] or regulations adopted thereunder, or such other laws,
regulations or requirements as may be enacted by the United States
of America, the Commonwealth of Pennsylvania, the Pennsylvania Department
of Environmental Resources or the Pennsylvania Environmental Quality
Board governing municipal waste planning, collection, storage, transportation,
processing or disposal.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
D.
Enforcement of waste flow control. Enforcement of waste flow control
and the terms of and any duties established pursuant to the County
Waste Flow Ordinance, the other municipal waste flow ordinances and
this article will be the responsibility of the county or the municipal
waste authority or the municipalities at the direction of the county
or the municipal waste authority.
A.
An annual survey of all generators of municipal waste and of all
municipal waste collectors and municipal waste transporters, any landfill
operators, any transfer station operators or any other parties involved
in the collection, transportation, processing or disposal of municipal
waste of the municipality shall be conducted by an engineering consultant
designated by the county or the municipal waste authority. Such engineering
consultant shall estimate based on such survey the amount of each
type of municipal waste of the municipality expected to be generated
in the following year, after recycling, in total and in each of the
following categories:
(1)
Municipally collected.
(2)
Municipally contracted.
(3)
Municipal waste disposal arranged for by residents.
(4)
Municipal waste disposal arranged for by apartment houses, condominium
associations and other multiresident dwellings.
(5)
Municipal waste disposal arranged for by commercial establishments.
(6)
Other.
B.
All persons who are the subject of this survey are required to cooperate
in the taking and preparation of the survey.
C.
In connection with the annual survey, pursuant to the intermunicipal
agreement, at the beginning of the first operating year and at least
150 days prior to the beginning of each subsequent operating year,
the county and the municipality shall jointly specify the size of
the projection of the municipality's municipal commitment for
such operating year, which projection shall be equal to the amount
of the municipality's residential component (as reasonably determined
by an engineer retained by the county or municipal waste authority
for this purpose, after taking into account any and all information
provided by the municipality) plus any other amounts agreed upon by
the county and the municipality. This projection will be the net of
any waste removed as a result of source separation. This projection
shall be further stated in 12 monthly projections, the sum of which
shall be equal to the operating year projection. This projection shall
be adjusted by the county from time to time following consultation
with the municipality, as and when the county determines that such
projection was incorrect, and from year to year in accordance with
the experience of the previous year and the volume anticipated in
the coming year.
D.
At the time that the county and municipality make the foregoing projection,
the municipality shall assist the county in projecting the total amount
of acceptable waste expected to be generated within the municipality
during the forthcoming operating year.
E.
Based upon the foregoing projections, the county shall make projections
of total tonnage and projections of monthly tonnage as required pursuant
to any applicable disposal agreements, including the service agreement
with respect to the facility. The county shall use its best efforts
to maximize the tonnage delivered to the facility up to the maximum
capacity of the facility.
A.
The municipality shall not construct, enlarge, operate or contract
for or renew any contract for any facility or hauling to any facility,
other than a facility designated by the county pursuant to the intermunicipal
agreement or regulations promulgated pursuant to the intermunicipal
agreement, for, or enter into or renew any contract for, the treatment,
processing and/or disposal of municipally generated acceptable waste,
except as shall conform to the county ordinance and this article and
as the county may expressly agree to in writing. In addition, the
municipality shall take all such action as may be necessary to ensure
that all of its obligations will be met once the county system is
operational. The municipality shall agree to use its best efforts
to assign its rights under any contract concerning the use of any
disposal facilities or transfer stations to which it was a party to
the county on the effective date of the intermunicipal agreement.
Any such assigned contract shall become part of the county system;
provided, however, with respect to any such contracts for which assignment
is not possible, each participating municipality shall act at the
direction of the county with respect to such contract, and such contract
shall be deemed to be part of the county system.
B.
No person shall enter into any contract or conduct any other activity
concerning the collection, transportation, processing or disposal
of municipal waste in the municipality in contravention of the terms
of the County Waste Flow Ordinance, this article or any rules and
regulations issued thereunder.
C.
Recycling. Nothing contained in this article shall interfere with
the operation of any program for recycling.
The county will create a municipal waste authority to administer
the terms of the County Waste Flow Ordinance and to operate the county
system. This authority shall be recognized as having the power to
act in place of the county, to the extent determined by the county.
A.
Unlawful conduct. It shall be unlawful for any person to:
(1)
Violate, cause or assist in the violation of any provision of this
article, any rule, regulation or order promulgated hereunder or any
rule, regulation or order promulgated by the county or the municipal
waste authority consistent with this article.
(2)
Transport, process, treat, transfer or dispose of or cause to be
processed, treated, transferred or disposed municipal waste generated
within the municipality, except as provided for in this article.
(3)
Collect or transport municipal waste present or generated within
the municipality without a valid license or collection or transportation
issued by the county or the municipal waste authority.
(4)
Hinder, obstruct, prevent or interfere with the municipality, the
municipal waste authority or the county or its personnel in the performance
of any duty under this article or in the enforcement of this article.
(5)
Act in a manner that is contrary to Act 97 or Act 101[1] regulations promulgated thereunder, the plan, this article,
the county ordinance, rules or regulations promulgated under this
article, the county ordinance or the terms of licenses issued thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
Any person who engages in unlawful conduct as defined in this
article shall, upon conviction thereof, in a summary proceeding before
a District Justice, be sentenced to pay a fine of not more than $1,000
and not less than $500 and, in default of payment thereof, may prescribe
imprisonment to the extent allowed by law for the punishment of summary
offenses.
Upon finding that any person has engaged in unlawful conduct
as defined in this article:
A.
Restraining violations. In addition to any other remedy provided in this article, the municipality or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 165-10 hereof.
B.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the municipality or the county from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
A.
Entry into intermunicipal agreement. In order to implement the intent
and terms of this article, the municipality, pursuant to the authority
of the Intergovernmental Cooperation Act, Act of July 12, 1972, No.
180, codified as 53 P.S. §§ 481 to 490 (Purdon 1974
and Purdon Supp. 1988), and Article IX, Section 5, of the Constitution
of the Commonwealth of Pennsylvania, has determined to enter into
the intermunicipal agreement between the municipality, the county
and other municipalities within Solid Waste District Nos. 1 and 2
of the county, together with such changes consistent with this article,
if any, as may be approved by the officials or the parties executing
the same, such execution to be conclusive evidence of such approval.
B.
Terms and implementation of intermunicipal agreement. As more fully
set forth in the intermunicipal agreement and this article:
(1)
Conditions and terms of intermunicipal agreement. In the intermunicipal
agreement:
(a)
The county or the municipal waste authority agrees to arrange
through the county system for the provision of municipal waste disposal
facilities for the economical and environmentally sound disposal of
acceptable waste generated within the participating municipalities,
and in the course thereof to arrange for the construction of a privately
owned one-thousand-two-hundred-ton-per-day facility for the processing
or other disposition of acceptable waste generated within the several
jurisdictions of the participating municipalities.
(b)
The participating municipalities state that they have enacted
a municipal waste flow ordinance in a form substantially similar to
this article and assure that the residential component of their acceptable
waste will be delivered to the county system.
(c)
The county or the municipal waste authority agrees to enact
or cause to be enacted rules and regulations and to enforce or cause
to be enforced this article and the County Waste Flow Ordinance and
the parallel municipal waste flow ordinances.
(d)
The parties agree to cooperate in the joint enforcement of the
intermunicipal agreement and all ordinances enacted pursuant to the
intermunicipal agreement and the participating municipalities thereby
agree cooperatively to exercise, to delegate to the county or the
municipal waste authority, and to allow delegation of such powers,
duties and responsibilities as set forth in the intermunicipal agreement.
(2)
Duration of term of the intermunicipal agreement. The term of the
intermunicipal agreement shall commence on the closing date for the
financing of the facility and shall terminate on the earlier of the
30th anniversary of such date or at the end of the operating year
in which all bonds and any other indebtedness outstanding issued in
connection with the bonds or owed to any assignee have been paid in
full.
(3)
Purpose and objectives of intermunicipal agreement. The purpose of
the intermunicipal agreement is to provide a mechanism to finance,
to construct and to operate the county system to serve the municipalities
within the county and to provide continuing municipal waste planning
as more fully set forth in the recitals to the intermunicipal agreement
and this article.
(4)
Manner and extent of financing the intermunicipal agreement. During
the term of the intermunicipal agreement, participating municipalities
and other persons using the county system shall pay to the county
on a monthly basis the then-current per-ton municipal tipping fee,
plus any other charges payable, as specified by the county and then
in effect, for all tonnage delivered or caused to be delivered to
the county system, in accordance with Article III of the intermunicipal
agreement.
C.
Execution. Appropriate officers of this municipality are authorized
and directed to execute the intermunicipal agreement on behalf of
this municipality.
D.
Findings under Intergovernmental Competition Act. As required by
the Intergovernmental Cooperation Act of July 12, 1972, P.L. 762,
No. 180,[1] as amended, the following matters are specifically found
and determined:
(1)
The conditions of agreement as set forth in the intermunicipal agreement.
(2)
The duration of the term of the agreement is set forth in Section
901 of the intermunicipal agreement.
(3)
The purpose of the intermunicipal agreement is to cooperate with
the county or municipal waste authority and other participating municipalities
in implementing the plan.
(4)
The agreement will be financed through the budgeting and appropriation
of funds by the municipality as necessary to meet the municipality's
obligations.
(5)
The organizational structure necessary to implement the agreement
is set forth in the intermunicipal agreement with which the current
officers of the municipality shall cooperate.
(6)
The manner in which property, real or personal, shall be acquired,
managed, licensed or disposed of is by way of lease or other contract
otherwise as set forth in the intermunicipal agreement.
(7)
The agreement contemplates cooperation with the county or municipal
waste authority, which entities are empowered to enter into contracts
for policies of group insurance and employee benefits, including social
security, for its employees.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
The terms and provisions of this article are to be liberally
construed, so as best to achieve and to effectuate the goals and purposes
hereof. This article shall be construed in pari material with Act
97 and Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
[Adopted 12-18-1989 by Ord. No. 282; amended
in its entirety 12-18-2007 by Ord. No. 502]
This article shall be known and may be cited
as the "East Norriton Township Municipal Waste Collection and Recycling
Ordinance."
The reduction of the amount of municipal waste
and conservation of recyclable materials is an important public concern
by reason of the growing problem of municipal waste disposal and its
impact on the environment. The collection of recyclables from residences
and from commercial and institutional establishments in East Norriton
Township will serve the general public interest by reducing the volume
of municipal waste which must be disposed of, thereby reducing storage,
collection, transportation and disposal costs of municipal waste and
preserving valuable natural resources, and will result in a financial
benefit to the residents and taxpayers of East Norriton Township by
reason of costs avoided in collecting, transporting and disposing
of those materials which are diverted from the municipal waste stream
through recycling.
As used in this article, the following words
shall have the meanings indicated:
Empty, all-aluminum beverage containers.
Empty food or beverage containers consisting of steel and
aluminum.
Bottles and jars made of clear, colorless glass. Expressly
excluded are noncontainer glass, plate glass, colored glass, porcelain
and ceramic products.
Those properties used primarily for commercial or industrial
purposes and multifamily dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
Those establishments or facilities engaged in providing services
or housing to groups of people, including but not limited to hospitals,
nursing homes, schools and day-care centers.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Properties upon which there is an attached dwelling unit
having horizontal and/or vertical party walls in common with other
dwelling units.
Includes properties which have four or more dwelling units.
Public facilities operated by a municipality or other governmental
or quasi-governmental authority.
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 the Solid Waste Management Act from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term municipal waste
shall exclude source-separated recyclables.
Any person registered, pursuant to this article and the regulations
established by a resolution adopted hereunder and to any intermunicipal
agreement subsequently executed by East Norriton Township with Montgomery
County or other municipalities, to collect, remove, transport or haul
municipal waste from any property in East Norriton Township.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
advertisements and other matters of public interest.
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 a 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 shall mean the officers and directors of any corporation
or other legal entity having officers and directors.
Empty consumer product bottles made of polyethylene terephthalate
(PET) and high-density polyethylene (HDPE), such as soft drink bottles
and milk and bleach bottles. Excluded are plastic wraps and bags.
Includes leaf waste and those materials required to be recycled
pursuant to the provisions of this article or other ordinances of
East Norriton Township or of regulations established by resolution
adopted hereunder as revised from time to time.
Any person registered, pursuant to this article and the regulations
established by a resolution adopted hereunder and to any intermunicipal
agreement subsequently executed by East Norriton Township with Montgomery
County or other municipalities, to collect, remove, transport or haul
recyclable materials from any property in East Norriton Township.
The collection, separation, recovery and sale or reuse of
recyclable 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.
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 a subject of
rights and duties which owns, leases or occupies a property located
in East Norriton Township used as a residence.
Includes homes, properties which have three or less multifamily
dwelling units and other residential properties located within the
East Norriton Township. The term "residential establishments" shall
exclude multifamily establishments.
Recyclable materials that are separated from municipal waste
at the point of origin for the purpose of recycling.
East Norriton Township, Pennsylvania.
Refrigerators, washing machines, dryers, window air conditioners,
hot-water heaters and other major home appliances.
A.
Registration. Every person desiring to engage in,
continue to engage in or hereafter begin to engage in the business
of collecting, removing, transporting or hauling municipal waste and/or
recyclable materials from any property in East Norriton Township shall
first register with the Montgomery County Waste System Authority or
East Norriton Township. All such persons shall register by January
31 of each year, except those such persons who begin engaging in business
in the Township after January 1 shall be required to register prior
to beginning business in the Township. Such registration shall be
for a period of one year beginning January 1 of the year in which
the registration occurs.
B.
Collection equipment and transportation vehicles.
The collection equipment and transportation vehicles used for the
collection of municipal waste shall be of the closed-metal-body type
with any automatic compactor unit. These vehicles shall at all times
be in good and proper mechanical condition and in compliance with
the minimum safety and sanitary regulations of the Commonwealth of
Pennsylvania. All such vehicles shall be specifically designed to
prevent leakage of any liquid or fluids. Other types of vehicles may
be used only for the collection of recyclable materials, white goods
and Christmas trees, provided that such items are separately collected
in accordance with other regulations established by this article or
regulations established by resolution adopted hereunder. The municipal
waste and recyclable materials so collected shall be suitably enclosed
or covered so as to prevent roadside littering, attraction of vermin
or creation of other nuisances. The collection equipment and transportation
vehicles shall be kept in a clean and sanitary condition.
C.
Certificates of insurance. No person shall be entitled to register with the Waste System Authority or Township, under § 165-17A above, unless such person can show certificates of insurance covering public liability for both bodily injury and property damage, owners' and contractors' protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be from time to time set forth by the Board of Supervisors of East Norriton Township by regulations established by resolution adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this article shall carry with it an endorsement to the effect that the insurance carrier will convey to the Waste System Authority or East Norriton Township, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to the Township at least 10 days prior to the effective date of any such modification, alteration or cancellation.
D.
Collection procedures. Municipal waste collectors
shall not be required to collect municipal waste of any resident where
it is obvious that recyclable materials have not been separated pursuant
to this article. Municipal waste collectors and recyclable materials
collectors shall not mix municipal waste and source-separated recyclables.
E.
Rate schedules and route maps. Each municipal waste
collector and recyclable materials collector shall annually, at the
time of registration, file with the Township a rate schedule showing
the rates to be charged to its customers for the collection of municipal
waste and recyclable materials. Such rate schedules shall not be changed
by the municipal waste collector or recyclable materials collector
without first giving notice to the Township at least 30 days prior
to the effective date of such change. Each municipal waste collector
and recyclable materials collector shall also file with the Township
annually, or upon changes of the routes, a map showing the areas of
the Township in which it operates and a timetable setting forth the
days of collection.
F.
Registration fee. At the time of registration, the
municipal waste collector and recyclable materials collector shall
pay the Waste System Authority or Township the appropriate fee.
G.
Frequency of collection for residential establishments. Municipal
waste collectors shall collect municipal waste a minimum of one time
per week. Recyclable materials collectors shall collect recyclable
materials, excluding leaf waste, a minimum of one time per week from
residential establishments. Recyclable materials collectors that collect,
remove, transport or haul leaf waste shall collect the leaf waste
on a scheduled day at least once per month.
[Amended 11-18-2014 by Ord. No. 558]
H.
Reporting requirements. Unless East Norriton Township
contractually agrees otherwise, every person engaged in the business
of collecting, removing, transporting or hauling municipal waste and/or
recyclable materials from any property in East Norriton Township shall
make quarterly reports to the Township of the tonnage of municipal
waste and recyclable materials which they have collected from all
commercial, institutional, municipal and residential establishments
in the Township, on forms prepared by the Township. The report shall
be submitted within 15 days of the end of each calendar year quarter
and shall set forth the tonnage collected per establishment or facility
for all nonresidential establishments. The Township shall make forms
available for such reporting. Failure to report the required information
to the Township within the time period required will result in immediate
revocation of registration of the municipal waste collector or recyclable
materials collector and may result in the refusal of the Township
to register the person in the future. All reporting information received
by the Township will be maintained in confidence, with the exception
of any requirements of the federal or state government and as necessary
for release for the Township to obtain federal or state grant moneys.
I.
Collection equipment and transportation vehicles used for the collection
of municipal and residual waste and recyclables from residential and
nonresidential establishments shall only be permitted to operate on
public streets and private property during the hours of 7:00 a.m.
to 9:00 p.m.
[Amended 11-18-2014 by Ord. No. 558]
The following provisions in this section apply
to the separation and collection of municipal waste and recyclable
materials at residential establishments throughout the Township.
A.
Separation. All residents of residential establishments
shall separate recyclable materials from the municipal waste generated
at their property.
B.
Collection. All municipal waste shall be collected
by a municipal waste collector. All source-separated recyclables shall
be collected by a recyclable materials collector. All source-separated
recyclables placed by the resident for collection by the recyclable
materials collector serving the resident pursuant to this article
and Township regulations shall, from the time of being placed at the
curb, become the property of the recyclable materials collector.
C.
Prohibition. No person shall place municipal waste
in containers used for the separation and collection of recyclable
materials. No person shall place recyclable materials in containers
used for the separation and collection of municipal waste.
D.
Placement of containers at curbside. The municipal
waste containers, recyclable materials containers, newspaper bundles
or leaf waste bundles shall not be placed at the curb or street line
of any resident's property except during the period from 6:00 p.m.
on the night prior to the scheduled collection, and the empty container
shall be removed by 12:00 midnight of the scheduled collection day.
E.
Preparation of municipal waste and recyclables for
collection. All residents of residential establishments in East Norriton
Township shall place municipal waste at the curb or street line for
collection in closed, waterproof containers. All residents of the
Township shall place recyclable materials, with the exception of newspapers
and leaf waste, on the street line or curb for collection in containers
provided by the Township or recyclable materials collector for the
storage of recyclable materials. Newspapers must be bundled separately
in bags or secured by rope or twine. Leaf waste must be contained
in Kraft paper bags, bundles or trash cans approved by East Norriton
Township unless residents have otherwise provided for the composting
of leaf waste. No containers for municipal waste or recyclables shall
be filled to exceed 50 pounds, and bundles shall not exceed 50 pounds.
Residents shall place neither municipal waste nor recyclables in the
public streets.
F.
Notice of violation. Any person who shall violate
the provisions of this section shall receive an official written notice
of noncompliance from the Township for the first and second offenses.
Thereafter, all such violations shall be subject to the penalties
hereinafter provided.
The following provisions apply to the separation
and collection of materials from commercial establishments, institutional
establishments, municipal establishments and multifamily establishments
throughout the Township:
A.
Separation. All persons generating municipal waste
or recyclable materials at commercial establishments, institutional
establishments, municipal establishments and multifamily establishments
shall separate recyclable materials from the municipal waste generated
at their property. Owners of commercial establishments, institutional
establishments, municipal establishments and multifamily establishments
who comply with this section shall not be liable for the noncompliance
of occupants of their buildings.
B.
Collection. All persons owning commercial establishments,
institutional establishments, municipal establishments, or multifamily
establishments in East Norriton Township shall be responsible for
providing a system for collection of municipal waste and recyclable
materials at their property. Such owners shall establish and maintain
a collection system that includes suitable containers for collecting
and sorting recyclable materials, easily accessible locations for
the containers and written instructions to the occupants concerning
the use and availability of the recyclable materials collection system.
This system should be developed with the assistance of their municipal
waste collector or recyclable materials collector.
C.
Prohibition. No person shall mix municipal waste in
containers to be used for the separation and collection of recyclable
materials. No person shall mix recyclable materials in containers
used for the separation and collection of municipal waste.
D.
Exemptions. The Township shall be notified by the
owner if either of the following two exemptions apply:
(1)
Commercial establishments that reuse recyclable materials
as part of their manufacturing or processing operations shall be exempted
from recycling those items being reused.
(2)
Commercial establishments, institutional establishments
or municipal establishments that have on-site captive commercial disposal
facilities for the exclusive disposal of municipal waste generated
at the establishment shall be exempted from recycling those items
used in stated facility.
E.
Storage outside of enclosed buildings.
(1)
Commercial establishments, institutional establishments,
municipal establishments and multifamily establishments shall store
all municipal waste outside an enclosed building in watertight containers.
(2)
Each commercial establishment, institutional establishment,
municipal establishment, and multifamily establishment within the
Township shall provide a paved area for the placement of municipal
waste and recyclable materials containers. If required by the Township,
an enclosure must be constructed around the containers to prevent
the spread of litter. This enclosure must meet the required setback
from the property line of the zoning district. The height of the enclosure
shall stand at least three feet above the top of the container, and
in no case shall an enclosure higher than 10 feet be required.
(3)
Any waste other than municipal waste and recyclable
materials must be disposed of in accordance with all government regulations
applying to that waste.
F.
Preparation for and frequency of collection of recyclable
materials. All persons owning commercial establishments, institutional
establishments, municipal establishments or multifamily establishment
shall separate recyclable materials from their municipal waste and
place them in containers to be collected by the recyclable materials
collector. The frequency of collection for recyclable materials shall
be a scheduled day, at least once per month.
G.
Reporting requirements. All persons owning commercial
establishments, institutional establishments, municipal establishments
or multifamily establishments shall be required to periodically report
to the Township the municipal waste and recyclable materials that
were collected from their respective establishments on a form prepared
by the Township.
H.
Notice of violation. Any owner who violates the provisions
of this section shall be subject to the penalties hereinafter provided.
The collection of municipal waste and recyclable
materials by municipal waste collectors and recyclable materials collectors
and the preparation for collection of municipal waste and recyclable
materials by property owners and residents of the Township shall be
made in compliance with the regulations to be adopted by the Board
of Supervisors of East Norriton Township to carry out the intent and
purpose of this article. Such rules and regulations shall be approved
by resolution of the Board of Supervisors of East Norriton Township
and, when so approved, shall have the same force and effect as the
provisions of this article. Said rules and regulations may be amended,
modified or replaced by resolution of the Board of Supervisors of
East Norriton Township.
Any person who violates any provision of this
article or of the regulations adopted hereunder or any person who
knowingly commits, takes part or assists in any violation shall, upon
conviction thereof in a summary proceeding, be sentenced to pay a
fine of not more than $1,000 and not less than $50. Each day on which
a violation of this article continues shall constitute a separate
offense punishable by a like fine or penalty. In addition to this
penalty, the Township may institute any appropriate action or proceeding,
whether by legal process or otherwise, to prevent any illegal act,
conduct, business or use on or about such premises subject to this
article.
