Township of Upper Providence, PA
Montgomery County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 58.
Hazardous substances — See Ch. 103.
[Adopted 7-1-1991 by Ord. No. 303]
This article shall be known and may be cited as the "Upper Providence Township Recycling Ordinance."
As used in this article, the following terms shall have the following meanings:
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by Upper Providence Township or conducted within Upper Providence Township and sponsored privately, which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings and similar materials, but not including grass clippings.
MUNICIPAL WASTE
Any garbage, refuse, industrial, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operations of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste as defined in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in Upper Providence Township and any business or institution within Upper Providence Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials.
[Amended 9-7-2010 by Ord. No. 511]
PERSON
Any individual, partnership, association, corporation, institution, cooperative enterprise, trust, municipal authority, federal government or agency, commonwealth institution or agency or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. In any provision of this article prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or any other legal entity having officers and directors.
RECYCLABLE MATERIALS
Those materials specified by Upper Providence Township for collection in accordance with this article and recycling regulations which may be promulgated from time to time. Such material may include, but shall not be limited to, aluminum cans, clear and colored glass containers, tin, steel and bimetallic cans, clear and colored polyethylene terephthalate (PET) rigid plastic bottles, natural and pigmented high-density polyethylene (HDPE) plastic bottles, and newsprint material. The list of "recyclable materials" may be changed from time to time by resolution of the Board of Supervisors of Upper Providence Township.
RESIDENT
Any person who owns, leases or occupies a property located in Upper Providence Township used as a residence.
There hereby is established a program for the mandatory source separation and collection of recyclable materials and leaf waste within Upper Providence Township, Montgomery County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials or leaf waste within Upper Providence Township except in accordance with this article. The use of a municipal waste collector will not relieve any person from compliance with this article.
A. 
Recyclable materials. All residents of Upper Providence Township shall separate recyclable materials from all municipal waste generated at their properties. When placed at the curb for collection in accordance with the provisions of this article recyclable materials shall be placed in separate, reusable containers which clearly identify the contents as recyclable. Such containers shall be provided by Upper Providence Township. The preparation for collection of municipal waste and recyclable materials shall be made in accordance with the instructions provided by the municipal waste collector.
B. 
Leaf waste. All residents of Upper Providence Township shall separate leaf waste from all municipal waste generated at their property. When collection procedures have been scheduled by the municipal waste collector, leaf waste shall be placed in a location and manner that is in accordance with instructions established by the Township and provided by the municipal waste collector. Any resident who otherwise provides for the proper disposal of leaf waste by composting or other method authorized by township ordinance shall not be required to comply with the provisions of this subsection.
[Amended 9-7-2010 by Ord. No. 511]
C. 
Collection. Collection of recyclable materials from residents shall be provided by all licensed municipal waste collectors in accordance with Township and state requirements, specifically Act 140. Leaf waste shall be collected by municipal waste collectors in accordance with the schedules established by the Township and provided by the municipal waste collector.
[Amended 9-7-2010 by Ord. No. 511]
D. 
Multifamily residences. An owner, landlord or agent of an owner or landlord of multifamily residential housing properties with four or more units or the residents of such multifamily residential properties acting by and through a duly constituted homeowners' association shall comply with their responsibilities under this article by establishing a collection system for recyclable materials at each property and pickup by a municipal waste collector. A collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords, agents and homeowners' associations shall annually provide written documentation and certification to Upper Providence Township of the total volume of materials and the types of materials recycled. Such owners, landlords, agents and homeowners' associations may comply with the reporting requirements hereunder by requiring their municipal waste collection to provide said documentation and certification directly to the township. Owners, landlords and agents of owners or landlords who comply with this article under this subsection shall not be liable for the noncompliance of occupants of their building.
[Amended 9-7-2010 by Ord. No. 511]
All persons occupying commercial, institutional and municipal establishments within Upper Providence Township shall separate high-grade office paper, corrugated cardboard, aluminum cans and other materials generated at such establishments and from community activities, store the materials until collection by a municipal waste collector, and annually provide written documentation and certification to Upper Providence Township of the total volume of materials and the type of materials recycled, as designated by Township regulations. Such persons may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township.
A. 
No person shall place municipal waste in containers used for the separation and collection of recyclable materials.
B. 
No person shall place recyclable materials in containers used for the separation and collection of municipal waste.
C. 
No person shall store municipal waste outside of any enclosed building in other than closed, watertight containers.
D. 
No person shall place containers for municipal waste or recyclable materials at the curb or in the front yard of any lot except during the period beginning at 6:00 p.m., prevailing time, on the day prior to a scheduled collection and ending at midnight on the day of a scheduled collection. "Front yard" shall mean the area between the street line and the first building on the lot.
Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of separated materials by the persons who generated them unless and until separated materials are placed at curbside or a similar location for collection by a municipal waste collector.
From the time of placement of the recyclable materials at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this article and any rules and regulations adopted hereunder, the recyclable materials shall become and be the property of the municipal waste collector. It shall be a violation of this article for any person not duly authorized by Upper Providence Township to collect or pick up or cause to be collected or picked up any recyclable materials placed at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this article. Any and each such unauthorized collection in violation hereof from one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided in this article.
The collection of municipal waste and recyclable materials by municipal waste collectors and the preparation and 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 Upper Providence 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 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 repealed by resolution of the Board of Supervisors.
A. 
Unlawful activities; public nuisance. It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this article or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Supervisors pursuant to this article.
B. 
Penalties. Any person who violates any provision of this article or of the regulations adopted hereunder or 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 $50. Each continuing day of any violation of this article or unlawful conduct as defined in this article shall constitute a separate offense punishable by a like fine or penalty.
C. 
Injunction. In addition to any other remedy provided in this article, Upper Providence Township may institute a suit in equity where unlawful conduct or a public nuisance exists, as defined in this article, for an injunction to restrain a violation of this article, or any rules, regulations or resolution promulgated or issued by the Board of Supervisors pursuant to this article.
D. 
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 township from exercising any other remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., and the rules and regulations adopted thereunder.
[Adopted 7-1-1991 by Ord. No. 304]
A. 
The following terms shall have the following meanings in this article:
ACCEPTABLE WASTE
Municipal waste which is not unacceptable waste or nonprocessible waste.[1]
(1) 
Any material or substance which, by reason of its composition or characteristics, is:
(a) 
A toxic or hazardous waste as defined in the Resource, Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or as defined in Section 6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e), under Act 97[2] or under any other applicable laws of similar purpose or effect, including but not limited to, with respect to each of such laws, any replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder; or
(b) 
A special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any replacement, amendment, expansion or supplement thereto and any rules, regulations or policies thereunder.
(2) 
Any other material that any governmental agency or unit having appropriate jurisdiction shall determine from time to time is harmful, toxic or dangerous or otherwise ineligible for disposal in the landfill.[3]
MUNICIPALITY
The Township of Upper Providence, a township of the second class, located within the County of Montgomery, Commonwealth of Pennsylvania.
MUNICIPAL WASTE
Municipal waste as defined in Section 103 of Act 97 and Section 103 of Act 101,[4] and any rules, regulations or policies promulgated thereunder.
NONPROCESSIBLE WASTE
White goods; automobile tires in quantity; 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; sludges; construction and demolition debris; or leaf waste beyond that permitted by Act 101.[5]
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 of any corporation or other legal entity having officers and directors.[6]
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible waste.
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.
SOURCE SEPARATION
The segregation and collection 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.[7][8]
[Amended 9-7-2010 by Ord. No. 511]
(1) 
Any material that, by reason of its composition, characteristics or quantity, is ineligible for disposal at the landfill pursuant to the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder or, except for trace amounts normally found in household or commercial solid waste, any other similarly applicable law, including but not limited to the following laws and the regulations, if any, promulgated under each: the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; Act 97;[9] the Hazardous Sites Cleanup Act, Act 108, enacted October 18, 1988; and any similar or substituted legislation or regulations or amendments to the foregoing, as well as any other laws coextensive with the foregoing;
(2) 
Any other materials that any governmental body or unit having or claiming appropriate jurisdiction shall determine from time to time to be harmful, toxic, dangerous or otherwise ineligible for disposal at the landfill;
(3) 
Any waste that a landfill or other applicable facility is precluded from accepting pursuant to any permit or governmental plan governing such landfill or other applicable facility;
(4) 
Hazardous waste;
(5) 
Residual waste as defined in Act 101,[10] except as otherwise provided in any landfill agreement to which the Waste Authority is a party;
(6) 
Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any similar or substituted legislation or regulation or amendments to the foregoing, including but not limited to any other laws coextensive with the foregoing;
(7) 
Asbestos, sludge, infectious waste, chemotherapeutic waste and incinerator ash, except as otherwise provided in any landfill agreement to which the Waste Authority is a party;
(8) 
White goods, in quantity, and/or automobile tires, in quantity; and
(9) 
Any other material that the Township reasonably concludes would require special handling or present an endangerment to a disposal facility, the public health or safety or the environment.[11]
[Amended 9-7-2010 by Ord. No. 511]
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
[1]
Editor’s Note: The former definitions of "county," "county ordinance or county waste flow ordinance," and "date of Western County System operation," which immediately followed this definition, were repealed 9-7-2010 by Ord. No. 511.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor’s Note: The former definition of "landfill," which immediately followed this definition, was repealed 9-7-2010 by Ord. No. 511.
[4]
Editor's Note: See 35 P.S. § 6018.103 and 53 P.S. § 4000.103, respectively.
[5]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[6]
Editor’s Note: The former definitions of "plan," as amended, "plan revision," and "point of entry into the Western County System," which immediately followed this definition, were repealed 9-7-2010 by Ord. No. 511.
[7]
Editor’s Note: The former definitions of “Waste Authority” and “Western County System or System,” which immediately followed this definition, were repealed 9-7-2010 by Ord. No. 511.
[8]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[9]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[10]
Editor's Note: See 53 P.S. § 4000.103.
[11]
Editor’s Note: The former definitions of "Waste Authority" and "Western County System or System," which immediately followed this definition, were repealed 9-7-2010 by Ord. No. 511.
B. 
All other words and phrases as defined in Act 97 or Act 101[12] shall have the same meanings as set forth in Act 97 or Act 101, as they may hereinafter be amended or supplemented by legislation regarding municipal waste management or planning,[13] or as set forth in the IMA. To the extent that any definition herein varies from the definition in the IMA, the definition in the IMA shall control.
[12]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
[13]
Editor's Note: The first part of this sentence originally read as follows: "All other capitalized words and phrases shall have the same meanings as set forth in Act 97 or Act 101 as they may hereinafter be amended or supplemented by legislation regarding municipal waste management or planning," but was changed in order to allow stylization in conformity with the Code.
[Added 9-7-2010 by Ord. No. 511[1]]
All residents of the Township and all commercial, industrial or institutional establishments located in the Township shall contract with a municipal waste and recyclables collector to have all the municipal waste and recyclables generated at the premises occupied by such person or entity by any of the occupants of said premises removed and deposited in a permitted landfill or recycling facility at a minimum of once per week, in accordance with the provisions of this chapter and Act 140.
[1]
Editor's Note: This ordinance also repealed former §§ 148-13, Operation by licensed collectors and transporters; 148-14, Disposal; 148-16, Annual survey; 148-17, Restrictions; 148-18, Municipal Waste Authority; 148-21, Revocation of license; 148-23, Intermunicipal agreement; and 148-25, Compliance with IMA; and provided for the redesignation of former §§ 148-19, 148-20, 148-22, and 148-24 as §§ 148-16, 148-17, 148-18, and 148-19, respectively.
[Added 9-7-2010 by Ord. No. 511]
A. 
Whenever requested by the Township, the owner of any real estate located within the Township shall present proof, within 72 hours of said request, that said owner or the occupant of said real estate has a current contract with a municipal waste and recyclables collector to dispose of waste and recyclables generated on the premises at a minimum of once per week, in accordance with the provisions of this chapter and Act 140.
B. 
Whenever requested by the Township, any municipal waste and recyclables collector shall, within 72 hours of said request, advise the Township as to whether an owner or occupant of any real estate located within the Township has a current contract for municipal waste and recyclables disposal with said municipal waste and recyclables collector, in accordance with the provisions of this chapter and Act 140.
[Amended 9-7-2010 by Ord. No. 511]
Consistency of regulations with this article and other laws. No rules or regulations adopted by the municipality pursuant to this article shall be in violation of or inconsistent with the provisions of this article, the provisions and purposes of Act 97, Act 101[1] 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 Protection or the Pennsylvania Environmental Quality Review Board governing municipal waste planning, collection, storage, transportation, processing or disposal.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
[Amended 9-7-2010 by Ord. No. 511]
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, or any rule, regulation or order promulgated hereunder.
(2) 
Transport, process, teat, transfer or dispose of or cause to be processed, treated, transferred or disposed of 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 for collection or transportation.
(4) 
Hinder, obstruct, prevent or interfere with the municipality, 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, regulations promulgated thereunder, this article, or rules or regulations promulgated under this article.
(6) 
Openly burn any material, including the following, at any time in any zone within the municipality: household trash, books, magazines, newspapers, cardboard and/or any items that are required to be recycled in the municipality under Pennsylvania Act 101, and as further regulated under UPT Code Chapter 80, Fire Code.
B. 
Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.
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 for each offense and, in default of payment thereof, shall be committed to the county jail for a period not exceeding 30 days. Each day that there is a violation of this article shall constitute a separate offense.
[Amended 9-7-2010 by Ord. No. 511]
A. 
Retaining violations. In addition to any other remedy provided in this article, the Township may institute a suit in equity where unlawful conduct or a public nuisance exists, as defined in this article, for an injunction to restrain a violation of this article or rules, regulations, orders issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 148-16 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 exercising of any other remedy provided by this article or otherwise provided at law or equity.
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 materia with Act 97 and Act 101.