[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-1990 by Ord. No. 566; amended in its entirety 12-11-2008 by Ord. No. 733-A]
The following words and phrases, when used in this article, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
- Empty all-aluminum beverage and food containers.
- BIMETALLIC CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than three dwelling units.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- FERROUS CONTAINERS
- Empty steel or tin-coated steel food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, such as hospitals, schools, day-care centers and nursing homes.
- LEAD-ACID BATTERIES
- Includes but is not limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residue, and shrubbery and tree trimmings, but not including grass clippings.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having more than three dwelling units per structure, and shall include all residential properties under condominium ownership.
- MUNICIPAL ESTABLISHMENTS
- Public facilities operated by the municipality and other governmental and quasi-governmental authorities, including school facilities.
- The Township of Nether Providence, Delaware County, Pennsylvania.
- Includes cardboard, junk mail, newspapers, office paper, and magazines.
- Owners, lessees and occupants of residences or commercial or institutional establishments.
- Empty plastic food and beverage containers comprised of PET and HDPE containers (stamped No. 1 or No. 2) and such other types of plastic as may be designated by the Board of Commissioners by resolution from time to time.
- RECYCLABLE MATERIALS
- Source-separated recyclable materials, including materials listed in Section 1501 of Act 101 of 1988 (the Pennsylvania Municipal Waste Recycling, Planning and Waste Reduction Act), and materials identified by the municipality to be recycled.
- RESIDENTIAL DWELLING
- Any single-family dwelling or any dwelling unit within a multifamily property containing no more than three dwelling units, located within the Township.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- The Township of Nether Providence, Delaware County, Pennsylvania.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials or material approved by the Department of Environmental Resources for beneficial use.
The Township of Nether Providence hereby establishes a resource recovery program for the mandatory separation and collection of municipal solid waste from all persons and residences in the Township. Collection of the materials to be recycled shall be made periodically by the Township or its designated agent from residential dwellings and delivered to an approved recycling facility for processing and disposal. The program shall include a sustained public information and education program by the Township pursuant to the provisions of Act 101 of 1988. The Township Board of Commissioners may alter the program from time to time by resolution.
The Manager of the Township of Nether Providence or his designated agent is hereby authorized and empowered to establish and promulgate regulations on the manner, days and times of collection of recyclable materials and the bundling, handling, location and time of placement of such materials for collection.
Any person or the occupant or owner of any residential dwelling within the Township who shall place for disposal, removal or collection the following named items shall do so in strict conformity with the following requirements, in addition to any other applicable regulations:
Paper, glass containers, bimetallic containers, ferrous containers, aluminum and plastic shall be kept separate from other refuse and shall be collected by the Township or under subcontract by its designated agent. Individual household units shall separate and prepare these materials for collection in the manner prescribed by regulations and shall thereafter place these materials in separate containers or commingled in one container, as directed by the Township Manager from time to time, to be placed at curbside to be collected at times designated by the Township or, in the alternative, to be bagged or placed in cartons and transported by the persons occupying said residential dwelling to recycling dropoff centers.
Leaf/garden waste (compostable materials, excluding grass clippings) shall be kept separate from other refuse and recyclables and shall be collected by the Township or under subcontract by its designated agent. Individual household units shall separate and prepare these materials for collection in the manner prescribed by regulation and shall thereafter bundle these materials for placement at curbside, either tied with string or placed in paper bags, to be collected at times designated by the Township. Individual household units shall have the right and are encouraged to provide for theft own individual separation, collection and composting of leaf waste and other garden waste.
The owners and occupants of multifamily housing properties shall establish a program for the separation, storage and collection of recyclables in accordance with the requirements of Act 101 of 1988 and may make private arrangements with the Township for the collection by the Township or under subcontract by its designated agent. As a minimum, the recyclable materials to be separated shall include paper, glass containers, bimetallic containers, ferrous containers, aluminum and leaf/garden waste.
The owners and occupants of commercial, municipal and institutional establishments shall establish a program for the separation, storage and collection of recyclables in accordance with the requirements of Act 101 of 1988. As a minimum, the recyclable materials to be separated shall include paper, glass containers, bimetallic containers, ferrous containers, aluminum and leaf waste.
Editor's Note: See 53 P.S. § 4000.101 et seq.
All receptacles for recyclable materials required herein from residential dwellings shall not exceed 65 gallons in capacity. Owners or occupiers of residential dwellings shall place such receptables prior to collection at curbside where they shall be readily accessible to the collector. The occupant or owner shall keep all receptacles clean and in condition for safe handling. Receptacles or other items to be disposed of shall be placed outside after 6:00 p.m. of the day immediately preceding the day of collection. After collection, any empty containers shall be moved from curbside promptly but not later than 9:00 p.m. of the day of collection.
Compulsory separation. Paper, glass containers, bimetallic containers, ferrous containers, aluminum and compostable materials which are prepared for recycling, as defined in this article, shall not be intermingled or otherwise mixed with other forms of solid waste. The Township reserves the right to refuse to collect from individual residential dwellings recyclable materials which are intermingled with nonrecyclable materials.
All recyclable solid waste placed by any person for collection by the Township pursuant to this article and any regulations hereunder shall become the property of the Township at the time of placement at curbside, except as otherwise provided by § 207-6 of this article, and shall remain the property of the Township until accepted by an approved recycling facility or when assigned to a hauler under contract with the Township. It shall be a violation of this article for any person unauthorized by the Township to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell municipal solid waste to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence without proper written permission from the Township to make such collection.
The Township may charge a fee to owners of residential dwellings for curbside collection of recyclables in such amount as may be determined necessary to pay for the costs of providing such collection service. Said fee shall be as set by the Board of Commissioners of the Township by resolution from time to time. Such fee shall be imposed on all residential dwellings for which curbside collection is made available by the Township, regardless of whether the owners or occupiers of such residential dwellings use such service.
All bills for the collection of recyclables under this article shall be forwarded to the person charged for the same at such time and in such manner as directed by the Township Board of Commissioners.
All collection charges shall be a lien against the property serviced by the Township until said collection charges, penalties, interest and costs are paid in full. A penalty of 10% shall be added to all unpaid accounts after four months from the date of the bill. In addition, any costs and/or attorney's fees incurred by the Township shall be added to the unpaid collection fees along with all penalties as set forth above, and the aggregate of the same shall be entered as a lien on the property served. The Township Manager or his designee may proceed with the collection of such unpaid charges by an action in assumpsit or in rem or, at the election of the Board of Commissioners, in any other manner provided by law. Where suit is brought for the recovery of such fees, penalties, interest or costs, the person liable therefor shall, in addition, be liable for the legal costs of collection.
Any person who shall collect, receive, transfer, transport or take recyclable solid waste from the collection point of a residence without first having obtained proper written permission from the Township to make such collection shall be guilty of a summary offense and shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Violations and Penalties, § 1-17, Other violations.
General rule. Nothing in this article shall be construed to interfere with or in any way modify the provisions of any contract for municipal waste disposal, processing or collection in force in the Township upon the effective date of this article.
Renewals. No renewal of any existing contract upon the expiration or termination of the original term thereof, and no new contract for municipal waste disposal, processing or collection, shall be entered into after the effective date of this article, unless such renewal or such new contract shall conform to the applicable provisions of this article.
[Adopted 12-11-2008 by Ord. No. 734]
As used in this article, the following terms shall have the meanings indicated:
- A person or persons who file a claim for recycling fee abatement/rebate and who was/were 65 years of age or over and whose spouse, if residing with the claimant, was over 65 years of age or over during the calendar year in which recycling fees were due and/or payable. If recycling fees are charged to more than one individual, all persons to whom the recycling fee is charged shall be considered collectively as the claimant.
- HOUSEHOLD INCOME
- All income received by the claimant and all individuals residing in the same household as the claimant, during the calendar year previous to that in which abatement/rebate claim is being made.
- All income from whatever source derived, including but not limited to salaries, wages, bonuses, commissions, income from self-employment, alimony, support money, cash, public assistance and relief; the gross amount of any pensions or annuities, including railroad retirement benefits; all benefits received under the Federal Social Security Act, except medicare; all benefits received under state unemployment insurance laws and veterans' disability payments; all interest received from the federal or any state government or any instrumentality or political subdivision thereof; realized capital gains; rent; workers' compensation; and the gross amount of life insurance benefits and proceeds; and gifts of cash or property in excess of $300, but shall not include surplus food or other relief in kind supplied by a governmental agency.
Any claimant may claim a recycling fee abatement/rebate for a calendar year in the amount of recycling fees actually paid by or due from the claimant for said calendar year.
No claim shall be allowed for any claimant whose income is in excess of $18,000 per year for the entire calendar year previous to that for which the abatement/rebate claim is being made. Such income limit amount may be changed from time to time by a duly adopted resolution of the Board of Commissioners of the Township of Nether Providence.
Recycling fee bills are commonly issued to residents of Nether Providence in February. These bills represent recycling fees for the current year. A claim for recycling fee abatement/rebate shall be filed with the Manager of the Township of Nether Providence within 120 days succeeding the date when such recycling fee bills were received. No claim shall be made from the Recycling Fund of the Township later than the last day on which such claim may be filed.
Each claim shall be filed on forms provided by the Township of Nether Providence and shall include reasonable proof of household income, the receipts or other proof that the recycling fee bill has been paid or is due during the calendar year, and proof of the age of the claimant. The Township reserves the right to request copies of the claimant's current federal income tax return for purposes of verification of income.
The Board of Commissioners of Nether Providence may prescribe necessary rules and regulations and shall make available suitable forms for filing a claim.
After the timely filing of a claim and receipt by the Township of satisfactory proof of household income, the Township may either abate the fee of claimants who have not yet paid their current annual recycling fee bill or rebate the amount of such fee to claimants who have previously paid their current recycling fee bill.
In any case in which a claim is filed with fraudulent intent, the claim shall be disallowed and the claimant prohibited from filing any future claims, The Township may also refer the fraudulent claim to the appropriate authorities for prosecution or pursue such other remedies as may be available to the Township at law or in equity.
The Manager of the Township of Nether Providence is hereby empowered to determine the validity of any claims. Appeals from any action or determination of the Manager of the Township of Nether Providence shall be taken to the Board of Commissioners of the Township of Nether Providence within 30 days of the notice of determination by the Secretary.
This article shall take effect immediately and be applicable to the calendar year 2009. Claims under this article may be filed in accordance with the time period as set forth in § 207-12 of this article.