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Township of West Norriton, PA
Montgomery County
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Table of Contents
Table of Contents
[Ord. 518, 5/13/1991, § 1]
This Part shall be known and may be cited as the "Township Waste Collection and Recycling Ordinance."
[Ord. 518, 5/13/1991, § 2]
As used in this Part, the following terms shall have the meanings indicated:
LEAF WASTE
Leaves, but not including grass clippings, garden residues, shrubbery and tree clippings.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities and any sludge not meeting the definition of residual waste or hazardous waste in Act 97 and Act 101 from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air-pollution control facility, but not including source-separated recyclables.
MUNICIPAL WASTE COLLECTOR
Any collector registered pursuant to this Part and the regulations established by resolution adopted hereunder and pursuant to any intermunicipal agreement subsequently executed by West Norriton Township with any other municipal body.
PERSON
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality or 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 provision of this Part prescribing a fine, penalty or imprisonment, or any combination of the foregoing, the term "person" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
RECYCLABLE MATERIALS
Only those materials required to be recycled, pursuant to the provisions of regulations established by resolution adopted hereunder, as revised from time to time.
RESIDENT
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, which owns, leases or occupies a property located in West Norriton Township used as a business or institution, or as a residence containing four or fewer dwelling units.
SOURCE-SEPARATED RECYCLABLES
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
WHITE GOODS
Refrigerators, washing machines, dryers, window airconditioners, hot-water heaters and other major home appliances.
[Ord. 518, 5/13/1991, § 3; as amended by Ord. 524, 12/31/1991]
1. 
Registration. Every person desiring to engage in, continue to engage in or hereafter to begin to engage in the business of collecting, removing, transporting or hauling municipal waste and recyclable materials from any property in West Norriton Township shall first register with the Township. Such registration shall be for a period of one-year beginning January 1 of the year in which the registration occurs.
2. 
Collection Equipment and Transportation Vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste shall be of the closed metal body type with an automatic compactor unit. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other type vehicles may be used only for the collection of recyclable materials, white goods, and Christmas trees, provided that such items are separately collected in accordance with other regulations established by this Part or regulations established by resolution adopted hereunder. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances. The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
3. 
Certificates of Insurance. No person shall be entitled to register with the Township as a collector unless such collector can show certificates of insurance covering public liability for both bodily injury and property damage, owners and contractors protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be from time to time set forth by the Board of Commissioners of West Norriton Township by regulations established by resolution adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this Part shall carry with it an endorsement to the effect that the insurance carrier will convey to West Norriton Township, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to the Township at least 10 days prior to the effective date of any such modification, alteration or cancellation.
4. 
Collection Procedures. Township waste collectors shall not be required to collect Township waste of any resident where it is obvious that recyclable materials have not been separated pursuant to this Part.
5. 
Rate Schedule. Each Township waste collector shall annually file with the Township a rate schedule showing the rates to be charged to its customers for the collection of Township waste and recyclable materials. Such rate schedule shall not be changed by the Township waste collector without first giving notice to the Township at least 30 days prior to the effective date of such change. Each Township waste collector shall also file with the Township, on a quarterly basis, a map showing the areas of the Township in which it operates and a timetable setting forth the days of collection.
6. 
Registration Fee. At the time of registration, the collector shall pay the Township a registration fee in an amount as established from time to time by resolution of the Board of Supervisors.
[Added by Ord. 08-632, 12/9/2008]
All residents of the Township and all commercial, industrial or institutional establishments located in the Township shall contract with a municipal waste collector to have all the municipal waste 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 at a minimum of once per week.
[Added by Ord. 08-632, 12/9/2008]
1. 
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 hauler to dispose of waste generated on the premises at a minimum of once per week.
2. 
Whenever requested by the Township, any municipal waste collector duly registered pursuant to the provisions of § 203, Subsection 1, herein 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 disposal with said municipal waste collector.
[Ord. 518, 5/13/1991, § 4; as amended by Ord. 08-632, 12/9/2008]
1. 
Residential.
A. 
Separation.
(1) 
Recyclable Materials. All residents of West Norriton Township shall separate recyclable materials from the municipal waste generated at their property. When placed at the curb for collection in accordance with the provision of this Part, recyclable materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclables. Such containers shall initially be provided by the Township.
(2) 
Leaf Waste. All residents of West Norriton Township shall separate leaf waste from other municipal waste generated at their property and shall dispose of the same in accordance with regulations adopted hereunder. Any resident who otherwise provides for the proper disposal of leaf waste shall not be required to comply with the provisions of this section.
B. 
Collection. Collection of recyclable materials shall be made only by a municipal waste collector at a minimum of once per week. Leaf waste shall be collected by the Township in accordance with the schedules established annually by the Township. All source separated recyclables placed by the resident for collection by his/her municipal waste collector pursuant to this Part and Township regulations shall, from time of being placed at the curb, become the property of the municipal waste collector.
C. 
Prohibition. No person shall place municipal waste in containers used for the separation and collection of recyclables; no person shall place recyclable materials in containers used for the separation and collection of municipal waste.
D. 
Notice of Violation. Any person who shall violate the provisions of this section shall receive an official written notice of non-compliance from the Township for the first and second offenses. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
2. 
Commercial, Industrial and Institutional.
A. 
Separation.
(1) 
Recyclable Materials. All commercial, industrial or institutional establishments in West Norriton Township shall separate recyclable materials from the municipal waste generated at their property. These recyclables materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclables.
(2) 
Leaf Waste. All commercial, industrial or institutional establishments in West Norriton Township shall separate leaf waste from other municipal waste generated at their property, and shall dispose of the same in accordance with regulations set out under Act 101.
B. 
Collection. Collection of recyclable materials shall be made only by a municipal collector at a minimum of once per week. All source separated recyclables placed by representatives of the establishment for collection by his/her municipal waste collector pursuant to this Part and Township regulations shall, from the time of being placed in the container, become the property of the municipal waste collector.
C. 
Prohibition. No person shall place municipal waste in containers used for the separation and collection of recyclables; no person shall place recyclable materials in containers used for the separation and collection of municipal waste.
D. 
Notice of Violation. Any person who shall violate the provisions of this section shall receive an official written notice of noncompliance from the Township for the first and second offenses. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
[Ord. 518, 5/13/1991, § 5; as amended by Ord. 08-632, 12/9/2008]
The collection of municipal waste and recyclable materials by municipal waste collectors, and the preparation for collection of municipal waste and recyclable materials by commercial, industrial, or institutional establishments, property owners and residents of the Township shall be made in compliance with the regulations to be adopted by the Board of Commissioners of West Norriton Township to carry out the intent and purpose of this Part. Such regulations shall be approved by resolution of the Board of Commissioners of West Norriton Township and, when so approved, shall have the same force and effect as the provisions of this Part. The said regulations may be amended, modified or replaced by resolution of the Board of Commissioners of West Norriton Township.
[Ord. 518, 5/13/1991, § 6; as amended by Ord. 524, 12/31/1991; and by Ord. 08-632, 12/9/2008]
Any person who violates any provision of this Part or of the regulations adopted hereunder, or any person who knowingly commits, takes part, or assists in any such violation shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 and not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day on which a violation of this Part continues shall constitute a separate offense, punishable by a like fine or penalty. In addition to this penalty, the Township may institute any appropriate action or proceedings, whether by legal process or otherwise, to prevent any illegal act, conduct, business or use on or about such premises subject to this Part.
[Res. 5/13/1991, § 1]
The following regulations are hereby adopted in their entirety and shall be effective so as to coincide with the effective date of the provisions of the terms of the enabling ordinance [Part 2A].
[Res. 5/13/1991, § 2]
1. 
The provisions of Part 2A, and all regulations adopted thereunder relating to the storage and collection of Township waste and other discarded materials, are applicable to all industrial, commercial, agricultural, and residential establishments.
2. 
The provisions of the Part 2A, and all regulations adopted thereunder relating to the storage and collection of recyclable materials, are applicable to all industrial, commercial, institutional, agricultural and residential establishments as defined in this Part.
[Res. 5/13/1991, § 3; as amended by Res. 1230, 1/11/1993; and by Res. 1231, 2/1/1993]
1. 
All homes, apartments and other residential establishments will recycle the following: glass, aluminum, steel and bimetallic cans, newspaper and plastics.
2. 
Commercial establishments will recycle the following: aluminum, high-grade office paper and corrugated paper.
3. 
Restaurants and taverns shall recycle aluminum, steel and bimetallic cans, corrugated paper, plastics and glass.
4. 
Definitions.
ALUMINUM
All empty aluminum beverage containers.
CORRUGATED PAPER
All paper commonly referred to as cardboard.
GLASS
Bottles and jars made of clear or colored glass. Expressly excluded are noncontainer glass, plate glass, porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
Paper of the type commonly referred to as office paper having printed or written facts and opinions, letter and computer, copier and fax paper.
NEWSPAPER
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest.
PLASTICS
All plastics numbers 1 and 2.
RECYCLABLE MATERIALS
Glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
STEEL AND BIMETALLIC CANS
All cans made of steel or bimetallic. Expressly excluded are paint cans and any container with a hazardous substance.
[Res. 5/13/1991, § 4]
The Township shall have the right to refuse to register, to cancel a registration, or to refuse to renew a registration upon the occurrence of any of the following:
A. 
If the collector shall so load or operate any vehicle within the Township in such a manner as to allow trash, etc., to fall upon public roads or upon lands abutting the public road;
B. 
If the collector fails to replace the containers and their lids or covers at the location of their collection in an orderly manner;
C. 
If the collector fails to provide for the proper disposal of any Township waste or recyclable materials collected within the Township;
D. 
If the collector otherwise creates a public nuisance; or
E. 
If the collector otherwise fails to comply with the provisions of these regulations or Part 2A of this chapter.
[Res. 5/13/1991, § 5]
1. 
All trash, rubbish or garbage stored outside of an enclosed building must be stored in containers with lids.
2. 
All trash containers having a capacity of three cubic yards or more shall be maintained at a distance of no less than 15 feet from any building or structure, with the exception of R-A Rural Residence Districts and R-1 and R-2 Residence Districts.
3. 
No pathological or infectious waste or materials shall be disposed of or deposited outdoors in any container or otherwise. All pathological or infectious waste materials shall be stored indoors in containers and shall be disposed of in accordance with all applicable provisions.
[Res. 5/13/1991, § 6]
No municipal waste or recyclable material container shall be placed at the curb or in the front yard of any lot except during the period beginning at 6:00 p.m. on the night prior to the scheduled collection and ending at 12:00 midnight on the day of the scheduled collection.
[Res. 5/13/1991, § 7]
Trash placed in the front yard or at the curb for collection must be in containers with lids. Recyclable materials, with the exception of newspapers placed in the front yard at the curb for collection, must be in containers provided by the Township for the storage of recyclable materials. Newspapers must be bundled separately in brown paper bags or secured by rope or twine. No such trash and/or recyclable materials containers, including bundles of newspapers, shall exceed 50 pounds and shall not be placed in the public street.
[Res. 5/13/1991, § 8]
Township waste collectors shall collect Township waste and recyclable materials a minimum of one time per week. Collections may not be made before 6:00 a.m. nor after 8:00 p.m.
[Res. 5/13/1991, § 9]
Township waste collectors shall carry public liability insurance in the amount of $500,000 and $1,000,000 for personal damage and $250,000 for property damage.
[Res. 5/13/1991, § 10]
All collectors shall be required to certify and report to the Township on a quarterly basis the tonnage of residential waste, commercial waste and recyclable materials which they have collected from throughout the Township on such form as shall from time to time be provided by the Township.