[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.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than three dwelling units.
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.
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.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
and shrubbery and tree trimmings, but not including grass clippings.
Any properties having more than three dwelling units per
structure, and shall include all residential properties under condominium
ownership.
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.
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),[1] and materials identified by the municipality to be recycled.
Any single-family dwelling or any dwelling unit within a
multifamily property containing no more than three dwelling units,
located within the Township.
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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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.[1] The Township Board of Commissioners may alter the program
from time to time by resolution.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
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.
A.Â
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:
(1)Â
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.
(2)Â
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.
B.Â
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C.Â
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.[2] As a minimum, the recyclable materials to be separated
shall include paper, glass containers, bimetallic containers, ferrous
containers, aluminum and leaf waste.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D.Â
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.
E.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
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.
