[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence as indicated in article histories.
Amendments noted where applicable.]
[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:
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.
Leaves, garden residue, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
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.
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]
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.
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.
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.
ACCEPTABLE WASTE
HAZARDOUS WASTE
(1)
(a)
(b)
(2)
MUNICIPALITY
MUNICIPAL WASTE
NONPROCESSIBLE WASTE
PERSON
PROCESSIBLE WASTE
RECYCLING OR RECYCLED
SOURCE SEPARATION
UNACCEPTABLE WASTE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
WHITE GOODS
The following terms shall have the following meanings
in this article:
Municipal waste which is not unacceptable waste or nonprocessible
waste.[1]
Any material or substance which, by reason of
its composition or characteristics, is:
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
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.
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]
The Township of Upper Providence, a township of the second
class, located within the County of Montgomery, Commonwealth of Pennsylvania.
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.
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]
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]
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.
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;
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;
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;
Hazardous waste;
Residual waste as defined in Act 101,[10] except as otherwise provided in any landfill agreement
to which the Waste Authority is a party;
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;
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;
White goods, in quantity, and/or automobile
tires, in quantity; and
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]
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.
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.
