A. Municipal Waste and Recyclable Collection.
B. Yard Waste.
[Ord. 91-6, 12/9/1991, § 1]
This part shall be known and may be cited as the "Municipal Waste and Recyclable Collection Ordinance."
[Ord. 91-6, 12/9/1991, § 2]
As used in this part, the following terms shall have the meanings indicated:
- ALUMINUM CANS
- 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.
- CORRUGATED PAPER
- Structure paper material with inner core shaped in rigid parallel furrows and ridges.
- DESIGNATED RECYCLABLE MATERIALS
- Materials found within the municipal waste stream that have been designated for collection under the Township's recycling collection program.
- FERROUS CONTAINERS
- Empty steel or tin-coated steel food or beverage containers.
- GLASS CONTAINER
- Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products, pyrex, coffee mugs, drinking glasses or light bulbs.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
- MOBILE HOME PARK
- A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having six or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENTS
- Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
- 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 the Solid Waste Management Act (Act 97), 35 P.S. § 6018.101 et seq., and the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101), 53 P.S. § 4000.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility, but excluding source-separated recyclables.
- MUNICIPAL WASTE COLLECTOR
- Any collector registered pursuant to this part and other regulations established by resolution adopted hereunder, and pursuant to any intermunicipal agreement subsequently executed by New Hanover Township with Montgomery County or other municipalities.
- The Township of New Hanover, Montgomery County, Pennsylvania.
- 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 provision of this part prescribing a fine, penalty or imprisonment, or any combination of the foregoing, the word "person" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
- Empty PET (soda bottles) plastic bottles and for HDPE (laundry detergent bottles and/or plastic milk containers) plastics, polyvinyl chloride (PVC), low density polyethylene (LDPE), polyproplene (PP), polystirene (PS) and other multilayered plastics including, but not limited to, plastic bottles used as containers for soda, milk and other consumer food products and for certain household cleaning products and personal care products.
- PUBLIC AGENCY
- Any state agency or local public agency.
- 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.
- 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 New Hanover Township used as a residence and containing five or less dwelling units.
- SOURCE-SEPARATED RECYCLABLES
- Materials that are separated from municipal waste at the point of origin, being home, residence, apartment, business, industry, etc., for the purpose of recycling.
- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
[Ord. 91-6, 12/9/1991, § 3]
Designated recyclable materials for the Township collection program shall consist of such materials as may be designated by resolution adopted, from time to time, by the Board of Supervisors of New Hanover Township.
[Ord. 91-6, 12/9/1991, § 4]
All persons residing within the Township of New Hanover, whether in single-family or multifamily dwellings, townhouses or apartments, shall separate from other municipal waste generated at their dwellings, all designated recyclable materials. These materials shall be stored until collection thereof by the Township or its designated agent, at times and dates as set forth by the Township in subsequently promulgated regulations. The Township, from time to time, hereafter by resolution, may designate other items to be recycled.
[Ord. 91-6, 12/9/1991, § 5]
All persons residing within the Township of New Hanover, as aforesaid, shall also separate from other municipal waste generated at their dwellings, all leaf waste so generated, in those areas of the Township and during those periods of time that the Township, by resolution and notice indicates that such a leaf waste is to be collected, until the times for collection, unless these persons have otherwise provided for the composing of such leaf waste.
[Ord. 91-6, 12/9/1991, § 6; as amended by Ord. 04-6, 9/27/2004, § 1]
The owner and/or landlord or the agent of such owner and/or landlord of multifamily rental housing properties with five or more dwelling units, and mobile home parks, shall comply with the requirements of this part by establishing a collection system for designated recyclable materials at each such property. The collection system must include suitable containers for the collecting and sorting of said recyclable materials; easily acceptable locations for the containers; and, written instructions to the occupants concerning the use of said collection system. Owners and/or landlords and the agent for such owners and/or landlords shall not be liable for the noncompliance of occupants of their buildings.
[Ord. 91-6, 12/9/1991, § 7; as amended by Ord. 04-6, 9/27/2004, § 1]
The owner and/or landlord or the agent of such owner and/or landlord of multifamily rental housing properties with five or more dwelling units and mobile home parks not included in the collection system of the Township shall establish a system for the collection of designated recyclable materials and leaf waste and arrange for the removal of such materials to a center for recyclable materials. Leaf waste shall be collected and transported to a composting facility or leaf mulching operation as may be designated by the Township by resolution or notice. Quarterly reports, in writing, of the number of tons of such material recycled shall be made to the Township by the 30th day of January, April, July and October following each quarter's end.
[Ord. 91-6, 12/9/1991, § 8]
All persons owning, leasing, operating, managing and/or otherwise controlling commercial, municipal or institutional establishments or community activities shall separate high grade office paper, aluminum, corrugated paper and leaf waste, collect the same and arrange for the removal of such materials to a center for recyclable materials. Annual reports, in writing, of the number of tons of such material recycled shall be made to the Township by the 30th day of January of the following year.
[Ord. 91-6, 12/9/1991, § 9]
The Township, by resolution of the Board of Supervisors, from time to time, will schedule a day, not less frequently than once a month, when designated recyclable materials are to be placed at curb side, or other designated location, for collection. In single-family areas of the Township one container will be provided for the collection of all designated recyclable materials. Designated materials must be set out for collection in accordance with rules and regulations adopted by the Township.
The Township will establish a system for the collection, not less frequently than once a month, of designated recyclable materials. Such system may involve the collection, transporting, processing or marketing of the materials by the Township itself, or through contracting with other persons for the collection, transporting, processing or marketing of said commingled recyclable materials.
[Ord. 91-6, 12/9/1991, § 10]
Persons owning, leasing, operating or managing commercial, institutional or municipal establishments within the boundaries of the Township, who have provided for, or who hereafter provide for, the recycling of materials required to be recycled by the terms of this part, or by the terms of the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., of the commonwealth, are hereby exempt from the terms of this part. To be eligible for the foregoing exemption, a commercial, institutional or municipal establishment generating municipal waste must annually provide written documentation to the Township of the total number of tons recycled by the 30th day of January of each year.
[Ord. 91-6, 12/9/1991, § 11]
Designated recyclable materials, from the time of the placement of same at curb side or other designated collection area in accordance with the terms hereof or of subsequently adopted regulations, shall be and become the property of the Township, or its authorized designated agent or agents. Prior thereto, said designated recyclable materials shall remain the property of the person who generated the same. It shall be a violation of this part for any person not so authorized by the Township to act as its agent or agents for the collection of the designated recyclable materials.
[Ord. 91-6, 12/9/1991, § 12; as amended by Ord. 04-6, 9/27/2004, § 2]
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 New Hanover 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.
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 or recyclable materials; provided, such items are separately collected in accordance with other regulations 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 clean and sanitary condition.
Certificate 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 Supervisors of New Hanover 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 New Hanover Township, by certified mail, written notice of any modification, alteration 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 30 days prior to the effective date of any such modification, alteration or cancellation.
Collection Procedures. Municipal waste collectors shall not be required to collect municipal waste of any resident where it is obvious that recyclable materials have not been separated pursuant to this part.
Rates Schedule. Each municipal waste collector shall, annually, file with the Township a rate schedule showing the rates to be charged to its customer for the collection of municipal waste and recyclable materials. Such rate schedule shall not be changed by the municipal waste collector without first giving notice to the Township at least 30 days prior to the effective date of such change. Each municipal waste collector shall also file with the Township, annually, or upon change of the routes, a map showing the areas of the Township in which it operates and a timetable setting forth the days of collection.
Registration Fee. At the time of registration, the collector shall pay to the Township a registration fee in an amount and form as may be adopted, from time to time, by resolution of the Board of Supervisors of New Hanover Township.
Reporting. The municipal waste collectors shall be responsible for obtaining all weight and volume of quantity data. Such data shall be supplied to the Township on a quarterly basis, and the fourth quarter data shall be supplied to the Township by January 15 for the preceding year, so that the Township may submit reports in accordance with the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101), 53 P.S. § 4000.101 et seq., and other applicable laws and submit applications for recycling performance grants.
[Ord. 91-6, 12/9/1991, § 13]
It shall be unlawful for:
Any person, other than those persons authorized, to collect any designated recyclable which has been placed at the curb side or similar location for collection.
Any person to place, or cause to be placed, any materials other than a designated recyclable in recycling containers.
Any person to hinder, to obstruct, to prevent or to interfere with the Township or any other authorized person in the performance of any duty under this part.
Any person who shall violate the provisions of this part 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 penalties hereinafter provided.
[Ord. 91-6, 12/9/1991, § 14]
The collection of municipal waste and recyclable materials by Township waste collectors shall be made in compliance with the regulations to be adopted by the Board of Supervisors of New Hanover Township to carry out the intent and purpose of this part. Such rules and regulations shall be approved by resolution of the Board of Supervisors of New Hanover Township; and, when so approved, shall have the same force and effect as the provisions of this part. The said rules and regulations may be amended, modified or replaced by resolution of the Board of Supervisors of New Hanover Township.
[Ord. 91-6, 12/9/1991, § 15; as amended by Ord. 97-7, 10/13/1997, § 20-215; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision of this part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of 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 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense.
[Ord. 91-6, 12/9/1991, § 17]
The Township may, from time to time, modify, add to or remove from the standards and regulations herein.
[Res. 44-98, 6/8/1998, § 1]
All yard waste, as defined by the Pennsylvania Department of Environmental Protection, in accordance with the terms of the Solid Waste Management Act, the Act of July 7, 1980, P.L. 380, No. 97, § 101, 35 P.S. § 6018.101 et seq., as amended, and the Municipal Waste Planning, Recycling and Waste Reduction Act, the Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., as amended, shall henceforth be separated at their source by the person, individual, resident, householder, tenant, property owner, wholesale and retail business centers, as well as, all parties or persons occupying residences, dwellings or units, within the Township and such yard waste shall, at the time of source separation, be placed in a yard waste bag consisting of a paper bag bearing the seal and designation of the Township of New Hanover, as distributed by the contracted collector, to certain commercial and institutional facilities within New Hanover Township and, further, that said yard waste shall be placed in such yard waste bags to fully confine such material, the same to be packed in such a manner as to prevent scattering of the contents thereof and to prevent the package from breaking open, which yard waste bags shall be further handled for collection as hereinafter set forth.
[Res. 44-98, 6/8/1998, § 2]
The yard waste bag shall be a paper bag bearing the seal and insignia of the Township of New Hanover and shall be distributed by the contracted collector to such commercial and institutional facilities as are situate within the Township and agree to participate in the storage, management, sale and distribution of such bags and shall be made available to the residents and owners of property situate within the Township at the rate of $3.75 per bag, which bags shall be the only acceptable means of collection, storage and disposal of yard waste within New Hanover Township under the schedule and means of collection and distribution as hereinafter set forth.
[Res. 44-98, 6/8/1998, § 3]
On the first collection date for each month from April through November of each year under the current contract year, the contracted collector shall, collect such yard waste bags as are placed or kept upon the front of any such property, street, sidewalk or other public place, at a point accessible to the collector but not in such a manner as to obstruct the flow of vehicular or pedestrian traffic, means of ingress or egress or otherwise to constitute a public nuisance, and which shall be placed at such site not more than 24 hours prior to the scheduled time of collection and in each event such individual, person or owner shall be responsible for the yard waste bags and the contents thereof until such time as the same is collected by the contracted collector, and upon collection of such yard waste bag, the contracted collector shall dispose of the bags and their contents in such manner as is approved and acceptable in accordance with the Solid Waste Management Act and the Municipal Waste Planning, Recycling and Waste Reduction Act as hereinbefore enacted by the General Assembly for the Commonwealth of Pennsylvania, subject and pursuant to the rules and regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection.
[Res. 44-98, 6/8/1998, § 4]
In accordance with the Pennsylvania Solid Waste Management Act and Municipal Waste Planning, Recycling and Waste Reduction Act, no person, individual, resident, householder, tenant, property owner, wholesale and retail business interest, as well as, any party or persons occupying residences, dwellings or units within the Township of New Hanover shall commingle yard waste with the municipal waste stream, nor shall they dispose of such yard waste within the municipal waste "refuse bags" or "container" containing municipal waste as provided for in Ord. 98-2 [Part 3], nor shall any person or individual use or employ any other bag, container, box, can or receptacle for the storage, collection or disposal of yard waste except such standardized yard waste bearing the insignia and seal of the Township of New Hanover, nor shall the contracted collector collect or otherwise dispose of such yard waste except in an approved and designated yard waste bag.
[Res. 44-98, 6/8/1998, § 5]
The contracted collector shall keep records of and account for the total tonnage of such yard waste collected within the Township of New Hanover and identify the means of disposal, composting, recycling and/or other means and markets for the disposition of such yard waste bags and the contents thereof and shall provide copies of such records and any and all other appropriate and applicable information to the Township of New Hanover as may be applicable and necessary to the administration, management and enforcement of the ordinance and this part in accordance with the terms of the rules and regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection.
[Res. 44-98, 6/8/1998, § 7]
Any violation, breach, obstruction, delay or interference with the terms and provisions of this part or the collection, storage, removal and disposition of yard waste as herein set forth, shall constitute a violation of Ord. 98-2 [Part 3] in accordance with the terms of § 20-413 thereof and shall be enforceable in the same manner as if the terms, provisions and conditions of this part were incorporated in said ordinance. The Board of Supervisors reserving, on behalf of the Township of New Hanover, to take such additional actions as may be necessary to seek relief and remedies in the nature of injunctive relief, restraining orders and/or additional remedies as may be deemed appropriate and lawful in the administration, enforcement and support of the Pennsylvania Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act, and Ord. 98-2, constituting Chapter 20, Part 3, §§ 20-301 — 20-313 of the New Hanover Township Code of Ordinances, as amended.