[Adopted 9-11-1990 by Ord. No. 713 (Ch. 20, Part 3, of the 1990 Borough Code of Ordinances); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The following terms shall have the following meanings in this article:
ACCEPTABLE WASTE
Borough waste which is not unacceptable waste or nonprocessible waste.
COLLECTOR AND TRANSPORTER
A duly licensed entity authorized by contract with the Borough of Royersford to collect, transport, and dispose of acceptable waste at an authorized disposal facility.
HAZARDOUS WASTE
A. 
Any material or substance which, by reason of its composition or characteristics, is:
(1) 
Toxic or hazardous waste:
(a) 
As defined in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.;
(b) 
As defined in Section 6(e) of the Toxic Substances Control Act, 15 U.S.C. § 2605(e);
(c) 
Under Act 97; or
(d) 
Under any other applicable laws of similar purpose or effect, including but not limited to, with respect to each of such items in Subsection A(1)(a) through (d), any replacement, amendment, expansion or supplement thereto and any rules, regulations, or policies thereunder; or
(2) 
Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and any replacement, amendments, expansion or supplement thereto and any rules, regulations or policies thereunder; and
B. 
Any other material that any governmental agency or unit having appropriate jurisdiction shall determine from time to time is harmful, toxic, or dangerous, or otherwise ineligible for disposal in the landfill.
LANDFILL
A landfill with which a collector and transporter of Borough waste is authorized to dispose of acceptable waste.
MUNICIPAL WASTE
Municipal waste as defined in Section 103 of Act 97[1] and Section 103 of Act 101,[2] and any rules, regulations or policies promulgated thereunder.
MUNICIPALITY
The Borough of Royersford, a Borough located within the County of Montgomery, Commonwealth of Pennsylvania.
NONPROCESSIBLE WASTE
A. 
White goods;
B. 
Automobile tires in quantity;
C. 
Noncombustible items, stumps, logs, brush and other waste which either:
(1) 
Weighs in excess of 25 pounds; or
(2) 
Exceeds one of the following dimensions: four feet in length, four inches in diameter or four inches in thickness;
D. 
Sludges;
E. 
Construction and demolition debris; or
F. 
Leaf waste beyond that permitted by Act 101.
PERSON
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 provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
PROCESSIBLE WASTE
That portion of acceptable waste which is not nonprocessible waste.
RECYCLING or RECYCLED
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other material which would otherwise be disposed or processed as Borough waste or the mechanized separation and treatment of Borough waste (other than through combustion) and creation and recovery of reusable materials other than as fuel for the operation of machinery.
SOURCE SEPARATION
The segregation and collection, prior to the point of entry for the purpose of recycling of individual components of acceptable waste, such as (without limitation) bottles, cans, and other materials.
UNACCEPTABLE WASTE
A. 
Any material that, by reason of its composition, characteristics or quantity, is ineligible for disposal at the landfill or other disposal site pursuant to the provisions of applicable state or federal statutes or regulations.
B. 
Any other materials that any governmental body or unit having or claiming appropriate jurisdiction shall determine from time to time to be harmful, toxic, dangerous, or otherwise ineligible for disposal at the landfill;
C. 
Any waste that a landfill or other applicable facility is precluded from accepting pursuant to any permit or governmental plan governing such landfill or other applicable facility;
D. 
Hazardous waste;
E. 
Residual waste as defined in Act 101 (except as otherwise provided in any landfill agreement to which the Waste Authority is a party);
F. 
Special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, 45 U.S.C. § 2011 et seq., and any similar or substituted legislation or regulation or amendments to the foregoing, including, but not limited to, any other laws coextensive with the foregoing;
G. 
Asbestos, sludge, infectious waste, chemotherapeutic waste, and incinerator ash;
H. 
White goods in quantity and/or automobile tires in quantity; and
I. 
Any other material that would require special handling or present an endangerment to a disposal facility, the public health or safety, or the environment.
WHITE GOODS
Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.
[1]
Editor's Note: See 35 P.S. § 6018.103.
[2]
Editor's Note: See 53 P.S. § 4000.103.
A. 
Licensing. No person who is not duly licensed may collect or transport Borough waste located or generated within the municipality.
B. 
Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this Borough, all Borough waste collectors and transporters shall comply with this article and the other municipal waste flow ordinances and all rules and regulations pertaining to the collection, transportation, processing, and disposal of solid waste as may be hereafter promulgated.
C. 
Administration. Any collectors and transporters shall comply with the provisions of state and federal law as well as the contract entered into with the Borough of Royersford. Any collectors or transporters who fail to comply with the provisions of this article shall be subject to any applicable sanctions in addition to termination of contract with the Borough.
A. 
Collectors and transporters shall deliver acceptable waste from the Borough only to licensed deposit sites authorized to accept such waste.
B. 
Disposal at other sites. Disposal of Borough waste collected or generated within the Borough may occur at other sites only as permitted by agreement with the Borough of Royersford.
C. 
Recycling. Nothing herein shall be deemed to prohibit source separation or recycling or to affect any sites at which source separation or recycling may take place.
A. 
Compliance. The collection, transportation, processing, and disposal of Borough waste present or generated within the Borough shall be subject to the contract with the Borough and such further reasonable rules and regulation as may from time to time be promulgated by the Borough of Royersford or state and federal statues and regulations.
B. 
Consistency of regulations with ordinances and other laws. No rules or regulations adopted by the Borough pursuant to this article shall be in violation of or inconsistent with the provisions of this article, and other state and federal statutes, rules, and regulations.
All generators of municipal waste, and all municipal waste collectors and municipal waste transporters, any landfill operators, any transfer station operators, or any other parties involved in the collection, transportation, processing or disposal of Borough waste of the Borough shall cooperate in the taking and preparation of an annual survey to be conducted by an engineering consultant designated by the Borough of Royersford.
A. 
No person shall enter into any contract or conduct any other activity concerning the collection, transportation, processing, or disposal of municipal waste in the Borough in contravention of the terms of an existing contract, this article, or any rules and regulations issued thereunder.
B. 
Recycling. Nothing contained in this article shall interfere with the operation of any program for recycling.
A. 
Unlawful conduct. It shall be unlawful for any person to:
(1) 
Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder.
(2) 
Transport, process, treat, transfer, or dispose of or cause to be processed, treated, transferred or disposed Borough waste generated within the Borough except as provided for in this article.
(3) 
Collect or transport Borough waste present or generated within the Borough without a valid license for collection or transportation.
(4) 
Hinder, obstruct, prevent or interfere with the Borough or their personnel in the performance of any duty under this article or in the enforcement of this article.
(5) 
Act in any manner that is contrary to state or federal law, rules or regulations promulgated thereunder, rules or regulations promulgated under this article or the contract between the Borough and collector/transporter.
B. 
Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.
Any person who engages in unlawful conduct as defined in this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and not less than $500 for each offense and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
In order to implement the intent and terms of this article, the Borough, pursuant to the authority of 53 Pa.C.S.A. § 2301 et seq. and Article IX, Section 5, of the Constitution of the Commonwealth of Pennsylvania, may enter into an IMA with any other municipality or Authority as the Borough deems desirable or necessary.
The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof.