[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Providence 12-2-2021 by Ord. No. 673.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 93, Garbage,
Rubbish and Refuse, which consisted of Art. I, Accumulation and Dumping,
adopted 2-15-1965 by Ord. No. 63; Art. II, Municipal Waste and Recycling,
adopted 2-12-1990 by Ord. No. 346; and Art. III, Solid Waste Management,
adopted 9-10-1990 by Ord. No. 367.
This chapter shall be known and may be cited as the "Lower Providence
Township Waste Reduction and Recycling, Collection and Disposal Ordinance."
This chapter is enacted pursuant to the Solid Waste Management
Act, P.L. 380, No. 97, July 7, 1980; the Municipal Waste Planning,
Recycling and Waste Reduction Act, No. 101, July 28, 1988; and the
Second-Class Township Code.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.,
53 P.S. § 4000.101 et seq., and 53 P.S. § 65101
et seq.
A.Â
The purpose and goals of this chapter shall be:
(1)Â
To require waste reduction and recycling as a means of managing municipal
waste, conserving resources, and supplying energy.
(2)Â
To protect the public health, safety, and welfare from the short-
and long-term dangers of collection, transportation, processing, and
storage of municipal waste.
(3)Â
To utilize, wherever feasible, the capabilities of private enterprise
in accomplishing the desired objectives of an effective, comprehensive
solid waste management program.
(4)Â
To establish and implement within Lower Providence Township a recycling
program to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing or disposal
facilities.
(5)Â
To recycle at least 25% of all municipal waste and source-separated
recyclable materials generated in Lower Providence Township on and
after January 1, 1997.
(6)Â
The weight or volume of municipal waste generated per capita in Lower
Providence Township on January 1, 1997, should, to the greatest extent
practicable, be less than the weight or volume of municipal waste
generated per capita on the effective date of this chapter.
(7)Â
To seek to each each person living or working in Lower Providence
Township the economic, environmental and energy value of recycling
and waste reduction and encourage them through a variety of means
to participate in such activities.
B.Â
Lower Providence Township shall, to the greatest extent practicable,
procure and use products and materials with recycled content, and
procure and use materials that are recyclable.
C.Â
All domestic, commercial, and industrial refuse accumulated or stored
upon any property within Lower Providence Township shall be collected
and removed by a responsible collector, who shall be licensed by the
Department.
As used in this chapter, the following terms shall have the
meanings indicated:
Residue from the burning of coal, coke, or other combustible
material.
All large household items not capable of inclusion in the
normal solid waste collection process due to size, including refrigerators,
washing machines, dryers, window air conditioners, hot-water heaters,
and other major home appliances.
Any person licensed by the Department to collect municipal
waste and source-separated recyclable materials within the boundary
of Lower Providence Township.
The Department of Environmental Protection (DEP) of the Commonwealth
and its authorized representatives.
The deposition, injection, dumping, spilling, leaking, or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of this commonwealth.
A place of residence within Lower Providence Township of
one or more persons where refuse is generated through normal living
habits. It shall not include apartments or buildings devoted to three
or more multifamily occupancy.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
The entire process, or any part thereof, of storage, collection,
transportation, processing, treatment, and disposal of solid wastes
by any person engaging in such process.
A source-separation and collection program for recycling
Lower Providence Township waste or source-separated recyclable materials
or a program for designated drop off points or collection centers
for recycling waste or source-separated recyclable materials. The
term includes any source separation and collection program for composting
yard waste that is approved by or on behalf of Lower Providence Township.
The term shall not include any program for recycling construction/demolition
waste or sludge from sewage treatment plants or water supply treatment
plants.
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. The term does not include source-separated recyclable
materials.
Any collector authorized by the Department to collect municipal
waste.
Any facility that is designed, operated or maintained for
the disposal of municipal waste and possesses a permit from the Department.
The term does not include any facility that is used exclusively for
disposal of construction/demolition waste or sludge from sewage treatment
plants or water supply treatment plants.
The Township of Lower Providence, Montgomery County, Pennsylvania.
A person generally in possession and control of any dwelling.
A person engaged in solid waste processing or disposal. Where
more than one person is so engaged in a single operation, all persons
shall be deemed jointly and severally responsible for compliance with
the provisions of this chapter.
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 chapter prescribing
a fine, penalty or imprisonment, or any combination of the foregoing,
the term "person" shall mean the officers and directors of the corporation
or other legal entity having officers and directors.
Contamination of any air, water, land or other natural resources
of Lower Providence Township that will create or is likely to create
a public nuisance or to render the air, water, land or other natural
resources harmful, detrimental or injurious to public health, safety
or welfare or to domestic, municipal, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock,
wild animals, birds, fish or other life.
Any product generated by a business or consumer which has
served its intended end use and which has been separated or diverted
from solid waste for the purposes of collection, recycling and disposition.
The term includes industrial by-products that would otherwise go to
disposal or processing facilities. The term does not include internally
generated scrap that is commonly returned to industrial or manufacturing
processes.
Any commonwealth agency or local public agency.
Only those materials currently required to be source-separated
and recycled pursuant to the rules and regulations of the Department.
Goods, supplies, equipment, materials and printing containing
postconsumer materials.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as municipal waste or
the mechanized separation and treatment of municipal waste (other
than through combustion) and creation and recovery of reusable materials
other than fuel for the operation of energy.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities.
All solid waste, except human body wastes, including garbage,
ashes, and rubbish.
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 laws as the subject
of rights and duties, which owns, leases, or occupies a property located
in Lower Providence Township used as a residence.
Any garbage, refuse, other discarded material, or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining, and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968,
(P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act.[1]" The term shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law.[2]"
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
The Act of July 7, 1980, P.L. 380, No. 97.[3]
Materials that are separated from municipal waste at the
point of origin 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. This presumption can be overcome
by clear and convincing evidence to the contrary.
The off-site removal of any municipal waste at any time after
generation.
Any method, technique, or process, including but not limited
to neutralization, designed to change the physical, chemical, or biological
character or composition of any municipal waste so as to neutralize
such waste or so as to render such waste safer for transport, suitable
for recovery, suitable for storage or reduced in volume.
The design, manufacture or use of a product to minimize weight
of municipal waste that requires processing or disposal, including
but not limited to:
Any person providing municipal waste collection services in
the Township shall register with the Township, providing collection
days, contact information and proof of authorization for collection
and disposal from the department.
A.Â
Responsibilities. Lower Providence Township shall have the power
and its duty shall be to assure the proper and adequate transportation,
collection and storage of municipal waste which is generated or present
within its boundaries, to assure adequate capacity for the disposal
of municipal waste generated within its boundaries by means of the
procedure set forth in Section 1111 of the Municipal Waste Planning,
Recycling and Waste Reduction Act[1] and to adopt and implement a program for the collection
and recycling of municipal waste or source-separated recyclable materials
as provided in this chapter.
[1]
Editor's Note: See 53 P.S. § 4000.1111.
B.Â
Powers. In carrying out its duties under this section, the Board
of Supervisors shall have all of the powers conferred upon it by the
Solid Waste Management Act and the Municipal Waste Planning, Recycling
and Waste Reduction Act[2] and may adopt resolutions establishing procedures, rules,
regulations and standards for the recycling, transportation, storage,
collection and disposal of municipal wastes and/or source-separated
recyclable materials which shall not be less stringent than, and not
in violation of or inconsistent with, the provisions and purposes
of the Solid Waste Management Act, the Municipal Waste Planning, Recycling
and Waste Reduction Act and the regulations promulgated pursuant thereto.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq.
C.Â
Duties. Lower Providence Township shall implement the provisions
of this chapter by providing for the proper and adequate collection,
transportation, storage and disposal of municipal waste generated
or present within its boundaries and by collecting, transporting,
processing or marketing source-separated materials by contracting
with any person to carry out its duties for the recycling, transportation,
collection and storage of municipal waste and source-separated recyclable
materials. The recycling, transportation, collection or storage activity
or facility shall be conducted or operated in a manner that is consistent
with the Solid Waste Management Act, the Municipal Waste Planning,
Recycling and Waste Reduction Act, this chapter and the regulations
promulgated pursuant thereto.
The Board of Supervisors hereby requires that all municipal
waste generated within its jurisdiction shall be disposed of or processed
at such permitted facilities it shall designate by resolution adopted
pursuant to this chapter and the provisions of the Municipal Waste
Planning, Recycling and Waste Reduction Act.
Every collector shall comply with the requirements of this chapter
and all rules, regulations, procedures, and standards adopted by the
Lower Providence Township Board of Supervisors for the collection,
transportation and disposal of municipal waste and recyclable materials.
The failure of any collector to comply with the requirements
of this chapter and/or the rules, regulations, procedures, or standards
adopted by the Board of Supervisors may result in the imposition of
fines and penalties.
A.Â
Collection equipment and transportation vehicles. The collection
equipment and transportation vehicles used by collectors 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, bulk goods and Christmas trees,
provided that such items are collected separately from municipal waste.
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.
B.Â
Certificate of insurance. All collectors shall carry sufficient liability
insurance as required by the Department.
A.Â
Residential. The following provisions apply to the separation and
collection of recyclable materials at all residences throughout the
township. However, residents of multifamily residential rental properties
of four or more units, at which there is established a common system
for recycling and collection of municipal waste from all residents
of such property, shall not be subject to the provisions of this section,
provided that the owner or landlord of said multifamily property submits
a written copy of the plan and obtains approval thereof by the Township.
(1)Â
Recyclable materials. All residents of Lower Providence Township
shall separate recyclable materials from the municipal waste generated
at their property. When placed at the curb for collection in accordance
with the provisions of this chapter, recyclable materials shall be
placed in separate, Township-approved, reusable plastic containers
which clearly identify the contents as recyclables.
(2)Â
Leaf waste. All residents of Lower Providence Township shall separate
leaf waste from other municipal waste generated at their property
and place it at the curb for collection at the time designated for
collection of said materials on the collection schedule. Leaf waste
shall be placed in biodegradable bags. Any resident who wishes to
otherwise provide for the proper disposal of leaf waste shall have
his plan approved by the Township and, thereafter, shall not be required
to comply with the provisions of this section.
(3)Â
Collection. Recyclable materials shall be source-separated and placed
at curbside for collection at a minimum of once per week.
(4)Â
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.
(5)Â
Notice of violation. Any person who shall violate the source-separation
and recycling provisions of this chapter 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.
B.Â
Nonresidential.
(1)Â
All owners or operators of nonresidential establishments in Lower
Providence Township shall separate recyclable materials from the municipal
waste generated at their property and from community activities.
(2)Â
At the times designated by the collection schedule, all owners or
operators of nonresidential establishments shall separate leaf waste
from other municipal waste generated at their property or from community
activities.
(3)Â
Collection of municipal waste and recyclables shall be made by a
licensed collector at a minimum of once per week.
(4)Â
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.
(5)Â
Any owner or operator of a nonresidential establishment may apply
for exemption from the requirements of this chapter by submitting
a written copy of a plan which accomplishes the objectives of this
chapter for approval by the Township. The approval of any such plan
shall be conditional upon the owner or operator submitting a certified
report of the total waste and recyclable materials removed from said
establishment.
(6)Â
Notice of violation. Any person who shall violate the source-separation
and recycling provisions of this chapter 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.
Lower Providence Township shall establish a comprehensive and
sustained public information and education program concerning recycling
program features and requirements. As a part of this program, the
Manager shall, at least 30 days prior to the initiation of the recycling
program and at least once every six months thereafter, and post on
the Township website the requirements of this chapter. The Manager
shall, as he or she deems necessary and appropriate, place an advertisement
in a newspaper circulating in Lower Providence Township and post a
notice in public places where public notices are customarily posted,
including a notice with other official notifications periodically
mailed to residential taxpayers or utilize any combination of the
foregoing.
A.Â
Accumulation of refuse. No refuse shall be allowed to accumulate
on the ground or be deposited on highways, vacant lots or other property
nor be thrown in any stream or other body of water.
B.Â
Equipment of collection; disposal.
(1)Â
The collector shall be required to collect and remove refuse in motor-driven
vehicles having enclosed steel bodies with steel covers and watertight
and nonleakable automatic packer-type bodies and to so conduct the
collection, removal, and transportation of the refuse under such agreement
so as to assure general cleanliness and sanitation throughout the
entire process and operation thereof. The collector's unit shall
be equipped with appropriate devices to handle containers having a
maximum capacity of 32 gallons.
(2)Â
Every collector shall also be required, at his own cost, to dispose
of, at an approved disposal area, all quantities of municipal waste
collected by him, and to furnish, at his own cost, all vehicles, machinery,
and equipment necessary for the proper performance of such contract.
C.Â
Disposal. Each collector applying for a license shall only dispose
of municipal waste collected in Lower Providence Township at a facility
permitted to accept such waste by the Department and shall provide
a valid agreement, not subject to cancellation, covering use of an
approved disposal facility upon request of the Township.
D.Â
Billing procedure. The collector shall establish rates to be charged
to each occupant of the premises from which refuse shall be collected.
The collector shall enter into individual or separate contracts with
each householder or occupant of the premises, without liability to
or upon the Township, except that those persons serviced by the Township-contracted
collector shall pay the contract price.
E.Â
Complaints. The Board of Supervisors shall have the right to determine
finally the true validity of any complaints made by residents as to
failure of the collector to collect refuse in accordance with the
Township's contract with the collector, this chapter and the
rules and regulations of the Department.
F.Â
Assignment of contract. The collector shall not assign his Township
contract in whole or in part without the written consent of the Township.
Such consent does not release the contractor from any of his or its
obligations and liabilities under the Township contract.
G.Â
Workmen's compensation and social security and indemnity by
collector. Workmen's Compensation and Social Security Acts, as
amended, are deemed a part of the contract. The collector shall be
obliged to provide workmen's compensation coverage and shall
fulfill the terms and save harmless the Township and all its officers,
agents and employees, successors and assigns, jointly and severally,
of and from all manner of losses, suits, actions, payments, costs,
charges, damages, judgments or claims or demands of any character,
name or description brought on account of any injuries or damages
received or sustained by any person, persons or property by reason
of any act, omission, negligence or misconduct of said contractor,
his agents or employees in the execution of the Township collection
contract.
H.Â
Collector as an independent contractor. Collectors shall not in any
manner be construed as an agent, servant or employee of the Township,
but shall, at all times, be considered and remain an independent contractor.
I.Â
Insurance coverage. Every contractor shall carry an insurance policy
providing complete third-party comprehensive liability and property
damage insurance.
J.Â
Faithful performance. Unless prevented by unavoidable accident, act
of God or public immunity or any restrictions or embargoes imposed
by the federal government or any agency thereof; it is understood
and agreed that all material shall be collected, removed and disposed
of in a skillful and businesslike manner, satisfactory to the Township.
K.Â
Evidence of satisfactory equipment. Each collector shall, upon request
by the Township, certify that he has available equipment, by ownership
or by valid lease agreement, for collecting and disposing of materials
and that all equipment for transporting of materials will comply with
the sanitary and watertight requirements set forth by the Township.
L.Â
Certified list of customers. Upon request by the Township, all collectors
shall deliver to the Township a certified list of customers. This
list shall become and always remain the property of the Township.
The collection of municipal waste and recyclable materials by
municipal waste collectors and the preparation for collection of municipal
waste and recyclable materials by property owners and residents of
the Township shall be made in compliance with the regulations adopted
by the Board of Supervisors of Lower Providence Township to carry
out the intent and purpose of this chapter. Such rules and regulations
shall be approved by resolution of the Board of Supervisors and, when
so approved, shall have the same force and effect as the provisions
of this chapter. The said rules and regulations may be amended, modified,
or repealed by resolution of the Board of Supervisors.
The charge for collection, transportation and disposal of all
municipal waste and recyclable materials shall be the amount of the
Township-wide contract, if any, or such amount as those persons have
agreed to pay their selected collector. The applicable amount shall
be billed directly to each property owner or his designee and shall
be due within 30 days of the date of billing.
A.Â
It shall be unlawful for any person to:
(1)Â
Violate, cause, or assist in the violation of any provision of this
chapter, any rule, regulation, or order promulgated hereunder, or
any rule, regulation or order promulgated by the county or Lower Providence
Township consistent with this chapter.
(2)Â
Collect or transport municipal waste present or generated within
the municipality without a valid license for collection or transportation
issued by the Department.
(3)Â
Hinder, obstruct, prevent, or interfere with the Township in its
performance of any duty under this chapter or in the enforcement of
this chapter.
(4)Â
Act in a manner that is contrary to Act 97 or Act 101, regulations
promulgated thereunder, the plan, this chapter, this ordinance, and
the rules or regulations promulgated by the Department.
Any person who violates any provisions of this chapter or of
the regulations adopted hereunder or any person who knowingly commits,
takes part or assists in any such violation shall, upon conviction
thereof in a summary proceeding, be sentenced to pay a fine of not
more than $1,000 and not less than $500. Each day on which a violation
of this chapter 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 proceeding, whether by legal
process or otherwise, to prevent any illegal act, conduct, business
or use on or about such premises subject to this chapter.
