[Ord. 346. Passed 7-14-1997]
This chapter shall be known and may be cited
as the "Lower Gwynedd Township-Designated Trash Hauler Ordinance."
[Ord. 346. Passed 7-14-1997]
[Ord. 346. Passed 7-14-1997]
(a)
To utilize the best capabilities of public and private
enterprise in accomplishing the desired objectives of an effective,
comprehensive, solid waste management and recycling program.
(b)
To ensure that all municipal waste accumulated or
stored upon any residential property within Lower Gwynedd Township
shall be collected and removed by a responsible hauler who shall hold
a duly issued permit from Lower Gwynedd Township.
(c)
To establish by contract and ordinance a Township-designated municipal waste hauler for residential units within the Township for the purpose of attempting to achieve economies of scale, lower trash collection service cost for Township residents; a reduction in the number of trash collection vehicles required to utilize the roads within the Township for trash collection and transportation purposes; to improve the communication, recordkeeping and exchange of information between the Township and the hauler or haulers collecting municipal waste within the Township; and to facilitate adherence to and the enforcement of Chapter 1082, Solid Waste Management, and Chapter 1084, Recyclable Materials Management.
[Ord. 346. Passed 7-14-1997]
(a)
As used in this chapter, the following terms shall
have the meanings indicated:
(1)
Authorized Collector. "Authorized collector" shall mean any person or business entity issued a permit by the Township under the Township Solid Waste Management Ordinance (Chapter 1082) or anyone registered with the Township to engage in the municipal waste collection business under the Municipal Waste Collection and Recycling Ordinance. (Chapter 1084).[1]
[1]
Editor's Note: The former definition of "private
hauler" was repealed 8-21-2007 by Ord. No. 451.
(2)
Residential Unit. "Residential unit" shall mean
a property primarily utilized for residential purposes and containing
a dwelling, including buildings having up to four dwelling units in
one building. When a building shall contain more than one dwelling
unit, each dwelling unit shall constitute a residential unit within
the meaning of this chapter. If a dwelling unit is occupied by persons
other than the owner of the property, the persons occupying such dwelling
unit and generating municipal waste requiring disposal, shall constitute
the residential unit within the meaning of this chapter.
(3)
Township-Designated Hauler. "Township-Designated
Hauler" shall mean authorized collector with whom the Township has
contracted for the collection, transportation and proper disposal
of municipal waste and recyclables from such residential units as
exist within the Township.
[Amended 8-21-2007 by Ord. No. 451]
(b)
All other definitions shall be as set forth in the Solid Waste Management Act; the Municipal Waste Planning, Recycling and Waste Reduction Act; the Second Class Township Code; the Lower Gwynedd Township Solid Waste Management Ordinance (Chapter 1082) and the Lower Gwynedd Township Municipal Waste Collection and Recycling Ordinance (Chapter 1084).
[Ord. 346. Passed 7-14-1997]
Pursuant to a request for bids and a contract
between the Township and the low bidder under such request for bids,
the Township hereby names Waste Management of Indian Valley as the
Township-designated hauler within the meaning of this chapter. The
Board of Supervisors of the Township shall be empowered, from time
to time, to name other persons or business entities as the Township-designated
hauler upon the execution of contracts for similar municipal waste
collection, transportation and disposal services in the future.
[Ord. 346. Passed 7-14-1997]
(a)
All municipal waste, bulk items, white goods, freon-containing
appliances, leaf waste, grass clippings and recyclable materials from
residential units in Lower Gwynedd Township shall be collected, transported
and properly disposed of by the Township-designated hauler.
[Amended 8-21-2007 by Ord. No. 451]
(b)
In providing such collection, transportation and disposal
services to residential units within Lower Gwynedd Township, the Township-designated
hauler shall be bound by all applicable federal, state and county
laws, Township ordinances and the written contract between the Township
and the Township-designated hauler.
[1]
Editor’s Note: Former § 1086.07,
Exception – collection by private haulers, and former §
1086.08, Procedure to elect services by private hauler, both adopted
7-14-1997 by Ord. No. 346, were repealed 8-21-2007 by Ord. No. 451.
[Ord. 346. Passed 7-14-1997]
(a)
The fees charged by the Township-designated hauler
for the collection, transportation, recycling and disposal of municipal
waste, bulk items, white goods, freon-containing appliances, leaf
waste, grass clippings and recyclable materials shall not exceed the
rates set forth in the contract between the Township and the Township-designated
hauler. Fees for individualized services above and beyond the services
described in the contract between the Township and the Township-designated
hauler shall be as mutually agreed upon between the Township-designated
hauler and the residential unit desiring to receive such services.
(b)
The fees charged by authorized collectors other than
the Township-designated hauler for the collection, transportation,
recycling and disposal of municipal waste, bulk items, white goods,
freon-containing appliances, leaf waste, grass clippings and recyclable
materials, as well as any other individualized services desired by
a residential unit, shall not be affected by this chapter and shall
be as mutually agreed upon between the authorized collector and the
residential unit desiring such services.
(c)
All fees properly charged by authorized collectors
in the Township, including the Township-designated hauler, shall be
billed directly from such authorized collectors (including the Township-designated
hauler) to the residential units (or the authorized representative
of a residential unit such as a homeowners' association) receiving
such services. The Township shall have no obligation to assist authorized
collectors (including the Township-designated hauler) in the collection
of such fees.
[Ord. 346. Passed 7-14-1997]
The provisions of this chapter shall have no
application to buildings containing more than four residential units
nor to commercial, industrial, institutional or municipal uses.
Any person who violates any of the provisions
of this chapter or any of the regulations adopted hereunder or any
person who commits, takes part in or assists in any violation of this
chapter, shall be liable to pay a civil penalty or judgment of not
less than $50 nor more than $600 per violation after a civil proceeding.
Each day on which a violation of this chapter continues shall constitute
a separate and distinct violation for which a separate and distinct
civil penalty or judgment may be obtained. In addition to such civil
penalty or judgment, the Township shall be entitled to a reimbursement
for all costs incurred, including reasonable attorneys' fees. The
Township may also institute any appropriate action or proceeding,
whether by legal process or otherwise, to prevent any illegal act,
conduct or course of conduct which violates the provisions of this
chapter.
If any section, sentence, clause or phrase of
this chapter shall be construed to be unconstitutional or invalid
by any court of competent jurisdiction, the entire chapter shall not
be deemed to have been invalidated, but rather it is stated to be
the intent of the Lower Gwynedd Township Board of Supervisors that
the remainder of this chapter would have been adopted without the
inclusion of such unconstitutional or invalid section, sentence, clause
or phrase.
This chapter shall become effective five days
after adoption.
