Township of Cheltenham, PA Chapter 161 Garbage, Rubbish and Refuse

[HISTORY: Adopted by the Board of Commissioners of the Township of Cheltenham 12-29-1977 by Ord. No. 1431 as Ch. 14, Art. V of the Cheltenham Code. Amendments noted where applicable.]

GENERAL REFERENCES

Air pollution — See Ch. 82.

Housing standards — See Ch. 167.

Nuisances — See Ch. 188.

§ 161-1 Declaration of nuisances; removal; costs.

A. It is hereby declared to be a public nuisance, in that the same is injurious to public health, for any owner or occupier of land, improved or unimproved, in the Township to suffer or permit thereon the accumulation of water that stagnates, waste matter or rubbish or the growth of weeds, which public nuisance is hereby prohibited.

B. Every such owner or occupier of land, whereon such nuisance exists, is hereby required to remove the same, and upon failure so to do within 10 days after receipt of notice thereof from the Director of Public Works, Code Official, or Deputy Code Official of the Township, the Township may cause the same to be removed, at the cost of the owner or occupier and collect the cost thereof, together with a penalty of 20% of such cost, from such owner or occupier; and may file a municipal claim for the same or collect it by assumpsit.

[Amended 3-15-2005 by Ord. No. 2079-05; 6-27-2006 by Ord. No. 2109-06]

C. Notice to remove may be served upon the owner if he resides in the Township. If he is not a resident of the Township, then such notice may be served upon the agent or tenant of the owner or upon the occupant of the premises. If there is no agent or tenant or occupant, then service should be by a written notice posted upon the premises.

§ 161-2 Removal or scavenging of rubbish and garbage.

[Amended 4-19-1983 by Ord. No. 1563; 3-21-1989 by Ord. No. 1686]

It shall be unlawful for any person or persons to open, disturb, molest, remove or take anything from any rubbish, ashes or garbage situate along any public road or street, awaiting removal by the Township authorities or its agents.

§ 161-3 Placement of refuse receptacles for pickup; removal.

[Amended 3-21-1989 by Ord. No. 1686]

All refuse receptacles shall not be placed at the curb for collection by any owner or occupier of any property more than 12 hours before disposal time and must be removed from the curb within 12 hours after the same has been emptied.

§ 161-4 Transportation of waste through township; license required.

[Amended 3-21-1989 by Ord. No. 1686]

A. From and after the passage of this chapter, it shall be unlawful for any person to transport garbage, offal and swill through and over the highways of the Township unless such material shall be contained in airtight vehicles or receptacles so that no smells or vapors shall escape therefrom in transportation.

B. No person shall collect and transport garbage, offal or swill in the Township without a special license given by the Board of Township Commissioners so to do, and the cost of such license shall be set forth from time to time by resolution of the Board of Commissioners.

[Amended 11-21-1995 by Ord. No. 1846-95]

C. It shall be unlawful for any person within the limits of the Township of Cheltenham to transport garbage from any other township or municipality into the Township of Cheltenham to be therein disposed of in any manner whatsoever, but this provision shall not prevent the transportation of such material through the Township in vehicles as hereinbefore described by those who have proper occasion to transport the same from one municipality to another and their direct course requires them to pass through the Township of Cheltenham.

D. It shall be unlawful for any person in the Township of Cheltenham to use offal, garbage or swill derived from any other source than their own premises for the feeding of livestock of any kind.

§ 161-5 Dumping of garbage and refuse.

[Amended 3-21-1989 by Ord. No. 1686]

Hereafter it shall be unlawful for any person or persons or corporations to bring or transport into the Township of Cheltenham, by vehicle or conveyance of any kind, over any of the streets or roads of the Township, any refuse, rubbish or garbage with intent to deposit or dump the same upon any real estate or property within the Township.

§ 161-6 Use of garbage containers.

[Amended 3-21-1989 by Ord. No. 1686]

A. The term "garbage" shall mean putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods, including animal carcasses and parts thereof.

B. It shall be unlawful for any person or persons, associations or corporations from whom garbage is collected by the Township of Cheltenham to place in any garbage can or container anything but garbage, as defined in Subsection A.

§ 161-7 Definitions.

[Added 5-2-1989 by Ord. No. 1690]

A. As used in this chapter, the following terms shall have the meanings indicated:

ACCEPTABLE WASTE

Municipal waste which is collected from the general public, or is otherwise consistent with Section 7701(e)(3)(B) of the Internal Revenue Code of 1986, as amended, which is not unacceptable waste.

COMPANY

Dravo Energy Resources of Montgomery County, Inc.

CONTRACTOR

Dravo Operations of Montgomery County, Inc.

COUNTY

County of Montgomery, Pennsylvania.

COUNTY ORDINANCE

An ordinance enacted by the county creating the county system, providing for the licensure of various persons, regulating waste flow and setting forth certain related provisions.

COUNTY SYSTEM or SYSTEM

The County Solid Waste Management and Disposal System created by the county and every aspect thereof, including but not limited to equipment, transfer and resource recovery facilities, residue disposal sites, contractual arrangements or other rights, owned, acquired, leased, placed under contract, constructed or assumed, operated or to be owned, acquired, leased, placed under contract, constructed, operated or assumed by the county or any agent, designee or contractor in connection with the plan.

DATE OF COUNTY SYSTEM OPERATION

That date on which the county system shall be declared by the county to be ready to commence the disposal of acceptable waste on a sustained basis.

EXISTING CONTRACT

Any agreement or contract fully executed prior to the effective date of this chapter for the collection, disposal or transportation of municipal waste generated within this municipality.

FACILITY

The mass burn resource recovery and electric generating facility, together with appurtenant structures and equipment, to be constructed on a site in Plymouth Township, Montgomery County, as contemplated by the facility agreement.

FACILITY AGREEMENT

The amended and restated facility agreement among the company, contractor and the Montgomery County Industrial Development Authority, as such may be further amended from time to time.

GLASS

All products made from silica or sand, soda ash and limestone; the product may be transparent, translucent or colored and may be used as a container for packaging or bottling, but shall not include ceramics, plate glass, mirrors, light bulbs or headlights.

[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]

LEAF WASTE

Leaves not privately composted, excluding grass, garden residues, shrubbery, tree trimmings and similar material.

[Amended 2-21-1995 by Ord. No. 1820-95]

MUNICIPAL COMMITMENT

The obligation of each participating municipality to deliver or cause to be delivered to the county system of the residential component of its municipally generated acceptable waste and such other acceptable waste as the participating municipality and the county may hereafter agree to include in such municipal commitment.

MUNICIPALITY

The Township of Cheltenham, a township of the First Class located within the County of Montgomery, Commonwealth of Pennsylvania.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material, including liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term does not include source-separated recyclable materials.

[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]

MUNICIPAL WASTE AUTHORITY

The Waste System Authority of Montgomery County created by the county for purposes relating to municipal waste processing and disposal and/or the Intermunicipal Agreement (IMA) for the Disposal of Municipal Solid Waste and the County Waste Flow Ordinance.

NEWSPAPER

Paper of the type commonly referred to as "newsprint," "junk mail," "flyers," "magazines," "gloss paper" and "telephone book covers," excepting books.

[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]

NONPROCESSIBLE WASTE

That portion of acceptable waste which consists of white goods, automobile tires in quantity or noncombustible items, stumps, logs, brush and other waste which either weighs in excess of 25 pounds or exceeds one of the following dimensions: four feet in length, four inches in diameter or four inches in thickness.

PERSON

Includes a lessee as well as an owner of a residence, and includes a person, firm or corporation who or which owns a residence or business.

[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95]

PLAN

The county-wide municipal waste management plan developed by the county and approved by the Pennsylvania Department of Environmental Protection and Energy, as such may hereafter be amended or modified in compliance with law.

POINT OF ENTRY INTO THE COUNTY SYSTEM

Any delivery point within the county system designated by the county for delivery of municipal waste.

PROCESSIBLE WASTE

That portion of acceptable waste which is not nonprocessible waste.

RECYCLABLES

Materials generated by businesses or consumers, which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclables include the following: clear glass, colored glass, aluminum, steel and bimetallic cans, plastics, leaf waste, high-grade office paper, newsprint, junk mail, flyers, magazines, gloss paper, telephone book covers, corrugated paper and other certain types of cardboard materials. Cardboard, in this case, shall include most product items, such as pizza boxes, shoe boxes, egg cartons, gift boxes, corrugated boxes, and cereal boxes, and shall not include laminated or wax-coated products, such as milk cartons, orange juice cartons, frozen food boxes, and ice cream boxes. All non-cardboard contents and any plastic or metal strapping shall be removed for all cardboard material. Staples, tape and mailing labels may remain. Any other matter, material or waste not listed within the definition of "recyclables," as defined in this chapter, shall not constitute recyclables.

[Amended 6-26-1990 by Ord. No. 1717-90; 2-21-1995 by Ord. No. 1820-95; 12-19-2000 by Ord. No. 1974-00; 5-22-2007 by Ord. No. 2133-07; 1-17-2018 by Ord. No. 2363-18]

RECYCLING or RECYCLED

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed 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 a fuel for the operation of energy.

RESIDENTIAL COMPONENT

All acceptable waste generated by households within the Township, exclusive of multiple-family dwellings which are not included in the calculation of the residential component pursuant to regulations of the county.

SERVICE AGREEMENT

The amended and restated Municipal Solid Waste Disposal Service Agreement by and between the county and Dravo Operations of Montgomery County, Inc., or any successor thereto, as such may be further amended from time to time.

SOURCE SEPARATION

The segregation and collection, prior to the point of entry into the county system, for the purpose of recycling of individual components of acceptable waste, such as (without limitation) bottles, cans and other materials in accordance with Act 101.[1]

UNACCEPTABLE WASTE:

(1) Explosives, pathological and biological waste, residual waste and hazardous waste, radioactive materials, sludges, cesspool or other human waste, human and animal remains, motor vehicles, liquid waste, contained gaseous materials which may pose a hazard to the facility or the community, hazardous substances as defined in the Federal Comprehensive Environmental Response, Compensation and Liability Act, as it may be amended from time to time hereafter, and any analogous federal, state or local law, ordinance, rule or regulation as may be applicable at the time of delivery of waste to the facility and commercial waste which is not permitted by law to be treated and disposed of in the facility.

(2) Any item of waste either smoldering or on fire.

(3) Construction and demolition debris, ashes, incinerator residue and foundry sand.

(4) Wastes in quantities and concentrations which require special handling in their collection and/or processing, including medical or other red bag waste.

(5) All other items of waste which, at the time of delivery to the facility, would be likely to pose a threat to health or safety or have been prohibited by any valid and enforceable judicial decision, order or governmental action from being accepted by the facility.

WHITE GOODS

Refrigerators, washing machines, dryers, window air conditioners, hot-water heaters and other major home appliances.

[1] Editor's Note: See the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.

B. All other words and phrases shall have the same meanings as set forth in the Solid Waste Management Act of the Commonwealth of Pennsylvania, Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101 et seq. (Purdon Supp. 1985) (Act 97), or the Municipal Waste Planning, Recycling and Waste Reduction Act of the Commonwealth of Pennsylvania, Act 101 of July 28, 1988, P.L. 556 (Act 101),[2] as they may hereafter be amended or supplemented by legislation regarding municipal waste management or planning, or as set forth in the IMA, facility agreement or service agreement. To the extent that any definition herein varies from the definition in the IMA, the definition in the IMA shall control.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 161-8 Operation by licensed collectors and transporters.

[Added 5-2-1989 by Ord. No. 1690]

A. No person who is not duly licensed or deemed to be licensed by the county may collect or transport municipal waste located or generated within the Township of Cheltenham. This waste collection or transportation license shall be a county license issued by the county or the Municipal Waste Authority. The Township of Cheltenham shall administer such license upon request of the county or the Municipal Waste Authority.

B. In carrying on activities related to solid waste collection or transportation within this the Township of Cheltenham, all municipal waste collectors and all municipal waste transporters shall comply with the county ordinance, this chapter and the other municipal waste flow ordinances and all rules and regulations pertaining to the collection, transportation and disposal of solid waste as may be hereafter promulgated by the Township of Cheltenham or by the Municipal Waste Authority or the county. Delivery by such collectors or transporters to the county system of unacceptable waste, nonprocessible waste (except for white goods) and waste from unapproved sources is prohibited.

C. Licenses hereunder shall be issued and revoked by the county or the Municipal Waste Authority and administered by them or, at their request, by the Township of Cheltenham. Any collectors or transporters who fail to comply with the provisions of this chapter shall be subject to any applicable sanctions in addition to the revocation of their licenses.

D. Collection of garbage, refuse, rubbish and recyclables from retail, commercial, industrial, and institutional establishments and multi-resident dwellings is prohibited after 7:30 p.m. and prior to 7:30 a.m., prevailing time.

[Added 6-16-2009 by Ord. No. 2187-09]

§ 161-9 Disposal of municipal waste.

[Added 5-2-1989 by Ord. No. 1690]

A. Except as provided below, all acceptable waste generated within the Township of Cheltenham shall be delivered to the county system, and all acceptable waste collectors and transporters shall deliver to and dispose of all acceptable waste collected or generated within the Township of Cheltenham to solid waste facilities designated in the plan at one or more points of entry into the county system as designated from time to time by the county or the Municipal Waste Authority.

B. Disposal of municipal waste collected or generated within the Township of Cheltenham may occur at other sites only as permitted by rule, regulation, ordinance or order duly issued by the county or Municipal Waste Authority or by the written agreement of the county or Municipal Waste Authority and the Township of Cheltenham.

C. 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.

§ 161-10 Rules and regulations.

[Added 5-2-1989 by Ord. No. 1690]

A. The collection, transportation and disposal of municipal waste present or generated within the Township of Cheltenham shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the county, including any amendments to the County Waste Flow Ordinance and to such reasonable rules and regulations as may be adopted by the county or the Municipal Waste Authority, including, without limitation, regulations relating to the operation, management and administration of the county system, applications and standards for licensing, requirements for payment bonds or other payment security, including but not limited to meeting liability insurance requirements, fees to be charged for such licensing, the terms of licenses, procedures, recordkeeping, transportation routes, payment for services, billing for shortfalls, sanctions for nonpayment and other matters. To the extent that the Township of Cheltenham is engaged in the administration of any licenses pursuant to a written agreement with the county as required in Section 303(d) of Act 101[1] and as provided in the County Waste Flow Ordinance, it shall do so in accordance with the foregoing rules and regulations and, in any event, at the direction of the county.

[1] Editor's Note: See 53 P.S. § 4000.303(d).

B. Rules and regulations adopted by the county or Municipal Waste Authority for the county system shall be deemed rules and regulations adopted under this chapter. The Township of Cheltenham shall abide by such rules and regulations and will not adopt any rules and regulations to the contrary.

C. No rules or regulations adopted by the Township of Cheltenham pursuant to this chapter shall be in violation of, inconsistent with or less stringent than the provisions of this chapter, the other municipal waste flow ordinances, the County Waste Flow Ordinance, the plan, the provisions and purposes of Act 97,[2] Act 101,[3] or regulations adopted thereunder, or such other laws, regulations or requirements as may be enacted by the United States of America, the Commonwealth of Pennsylvania, the Pennsylvania Department of Environmental Protection and Energy or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.

[2] Editor's Note: See the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.

D. Enforcement of waste flow control and the terms of any duties established pursuant to the County Waste Flow Ordinance, the other municipal waste flow ordinances and this chapter will be the responsibility of the county or the Municipal Waste Authority or the municipalities at the direction of the county or the Municipal Waste Authority.

§ 161-11 Refuse collection participation; annual survey; projections.

[Added 5-2-1989 by Ord. No. 1690; amended 10-21-2008 by Ord. No. 2164-08]

A. Cheltenham Township provides municipal waste collection for all residents, and all residents are required to participate in the Township's Municipal Waste Collection Program, except for those apartment houses, condominium associations and other multiresident dwellings as noted below in Subsections B(3) and (4).

B. An annual survey of all generators of municipal waste and of all municipal waste and of 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 municipal waste of the Township of Cheltenham shall be conducted by an engineering consultant designated by the county waste authority. Such engineering consultant shall estimate, based on such survey, the amount of each type of municipal waste of the Township of Cheltenham expected to be generated in the following year, after recycling, in total and in each of the following categories:

(1) Municipally collected.

(2) Municipally contracted.

(3) Municipal waste disposal arranged for by the residents.

(4) Municipal waste disposal arranged for by apartment houses, condominium associations and other multiresident dwellings.

(5) Municipal waste disposal arranged for by commercial establishments.

(6) Other.

C. All persons who are the subject of this survey are required to cooperate in the taking and preparation of the survey.

D. In connection with the annual survey, pursuant to the IMA, at the beginning of the first operating year and at least 150 days prior to the beginning of each subsequent operating year, the county and the Township of Cheltenham shall jointly specify the size of the projection of the Township of Cheltenham's municipal commitment for such operating year, which projection shall be equal to the amount of the Township of Cheltenham's residential component (as reasonably determined by an engineer retained by the county waste authority for this purpose, after taking into account any and all information provided by the Township of Cheltenham) plus any other amounts agreed upon by the county and the Township of Cheltenham. This projection will be net of any waste removed as a result of source separation. This projection shall be adjusted by the county from time to time following consultation with the Township of Cheltenham, as when the county determines that such projection was incorrect, and from year to year in accordance with the experience of the previous year and the volume anticipated in the coming year.

E. At the time that the county and the Township of Cheltenham make the foregoing projection, the Township of Cheltenham shall assist the county in projecting the total amount of acceptable waste expected to be generated within the Township of Cheltenham during the forthcoming operating year.

F. Based upon the foregoing projections, the county shall make projections of total tonnage and projections of monthly tonnage as required pursuant to any applicable disposal agreements, including the service agreement with respect to the facility. The county shall use its best efforts to maximize the tonnage delivered to the facility up to the maximum capacity of the facility.

§ 161-12 Certain prohibitions and requirements.

[Added 5-2-1989 by Ord. No. 1690]

A. The Township of Cheltenham shall not construct, enlarge, operate or contract for or renew any contract for any facility or hauling to any facility, other than a facility designated by the county pursuant to the IMA or regulations promulgated by the county pursuant to the IMA, for, or enter into or renew any contract for, the treatment, processing and/or disposal of municipally generated acceptable waste except as shall conform to the county ordinance and this chapter as the county may expressly agree to in writing. In addition, the Township of Cheltenham shall take all such action as may be necessary to ensure that all of its obligations will be met once the county system is operational. The Township of Cheltenham shall agree to use its best efforts to assign its rights under any contract concerning the use of any disposal facilities or transfer stations to which it was a party, to the county on the effective date of the IMA. Any such assigned contract shall become part of the county system; provided, however, that with respect to any such contracts for which assignment is not possible, the Township of Cheltenham shall act at the direction of the county with respect to such contract, and such contract shall be deemed to be part of the county system.

B. No person shall enter into any contract or conduct any other activity concerning the collection, transportation, processing or disposal of municipal waste in the Township of Cheltenham in contravention of the terms of the County Waste Flow Ordinance, this chapter or any rules and regulations issued thereunder.

C. Nothing contained in this chapter shall interfere with the operation of any program for recycling.

D. This chapter shall be construed consistently with Act 97[1] or Act 101.[2]

[1] Editor's Note: See the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.

§ 161-13 Recycling.

[Added 6-26-1990 by Ord. No. 1717-90; amended 2-21-1995 by Ord. No. 1820-95]

A. Establishment of program; grant or power. Cheltenham Township hereby establishes a Recycling Program for the mandatory separation and collection of the recyclables stated above from all residences, businesses or institutions in Cheltenham Township for which waste collection is provided by Cheltenham or any other collector. Collection of the recyclables shall be made by Cheltenham Township, its designated agent or any other solid waste collectors operating in Cheltenham Township.

[Amended 1-17-2018 by Ord. No. 2363-18]

B. Establishment of collection guidelines. The Superintendent of the Public Works Department is hereby authorized and empowered to establish guidelines on the manner, days and times of collections of recyclables and the bundling, handling, location and time of placement of such materials for collection.

[Amended 1-17-2018 by Ord. No. 2363-18]

C. Single-family residential recycling. Henceforth, residents living in single-family housing and those other residents receiving Township trash collection services shall be required to separate from other solid waste placed for collection the following recyclables:

[Amended 1-17-2018 by Ord. No. 2363-18]

(1) Glass (clear and colored).

(2) Aluminum, steel and bimetallic cans.

(3) Newspaper, junk mail, flyers, magazines, gloss paper and telephone book covers.

(4) Leaf waste.

D. Multifamily residential recycling. Henceforth, residents living in multifamily housing having four or more units and residents who are not provided with Township solid waste collection services shall be required to separate from municipal waste placed for collection the following recyclables:

[Amended 1-17-2018 by Ord. No. 2363-18]

(1) Leaf waste.

(2) At least three items from municipal waste generated at their homes chosen from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, junk mail, flyers, magazines, gloss paper and telephone book covers, corrugated paper and plastic food or beverage containers.

E. Commercial, institutional, and municipal recycling. Henceforth, commercial, institutional, and municipal establishments as well as community activities or events shall be required, at a minimum, to separate from other solid waste placed for collection the following recyclables:

[Amended 1-17-2018 by Ord. No. 2363-18; 5-19-2021 by Ord. No. 2426-21]

(1) High-grade office paper.

(2) Aluminum cans.

(3) Corrugated paper.

(4) Leaf waste.

F. Establishment of collection system. An owner, landlord or agent of an owner or landlord of a multiunit residential, commercial, institutional or business property and a homeowners' association of any condominium, planned residential development or cluster development, where such complex is comprised of four or more units, shall establish a collection system for recyclables at such complex. The collection system must include suitable containers for collection and sorting of materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Arrangements shall be made by such owner, landlord, agent or homeowners' association for collection of these materials by private contractor. Owners, landlords, agents and homeowners' associations shall not be liable for the noncompliance of occupants with their obligation to separate recyclables.

[Amended 1-17-2018 by Ord. No. 2363-18]

G. Hazardous waste. Hazardous waste, hazardous waste containers and improper recyclables shall not be placed for pickup with recyclables. It is the responsibility of the person or entity required to separate recyclables to arrange for the disposition of hazardous waste as required by law.

[Amended 1-17-2018 by Ord. No. 2363-18]

H. Ownership of recyclables. All recyclables placed for collection by the Township pursuant to this section shall, when thus placed, become the property of the Township. However, any resident may donate or sell recyclables to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclables from the collection of a residence without prior written permission from the Township.

[Amended 1-17-2018 by Ord. No. 2363-18]

I. An owner, landlord or agent of an owner or landlord of a commercial, institutional or industrial establishment or of a residential dwelling not receiving township recycled waste collection services shall annually report the total number of tons of municipal waste which have been recycled in the previous year to the Director of the Public Works Department on a form and in such time and manner as prescribed by the Director for such purpose. Such owner, landlord or agent shall have a written contract with the entity providing recycled waste collection services and shall make it available to the Director of the Public Works Department, together with such other evidence or information as the Director deems appropriate to confirm the information reported.

[Added 3-21-1995 by Ord. No. 1826-95]

J. Collectors of municipal waste from commercial, institutional or industrial establishments or from a residential dwelling not receiving township recycled waste collection services shall annually report to the Director of Public Works the owners and the addresses of all such establishments, the amount of municipal waste collected, the total amount of recycled municipal waste collected and marketed and an estimate of the amount of recycled municipal waste collected and marketed from each client. For all materials marketed, collectors shall provide the Township with documentation on the letterhead of the market or on forms provided by the market, signed by an authorized representative verifying the type and weight of the materials received. Estimates of weight will not be accepted except in cases where the material is packaged in uniform bales and the average weight of a bale can be demonstrated; or when multiple generators contribute to a known quantity of marketed material and the collector or market estimates the quantities allocatable to any individual establishment and verifies the estimate with his/her signature. Upon receipt of such information, the Director of Public Works may waive the requirement set forth in Subsection I above.

[Added 3-21-1995 by Ord. No. 1826-95]

K. Enforcement. Any person, firm or corporation who or which shall violate the provisions of this section shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties provided for violation of this chapter. In addition to all other remedies, the Township reserves the right to not collect municipal waste containing materials required to be recycled in combination with nonrecyclable materials.

L. Cardboard materials. Residents living in single-family housing and those other residents receiving Township curbside collection services of trash pick-up must recycle cardboard, separate from other recyclables. It shall be disposed of in the recycling containers provided by the Township for curbside collection. The cardboard may be commingled together with the paper, newsprint, and paper junk mail, provided it fits in the rectangular containers provided to each household by the Township. All other cardboard that cannot be broken and cut down and disposed of in the recycling containers must be brought to one of the Township’s two designated drop-off facilities: 1) Waverly Road Compost Facility or 2) the Public Works facility.

[Added 12-19-2000 by Ord. No. 1974-00; amended 5-22-2007 by Ord. No. 2133-07; 1-17-2018 by Ord. No. 2363-18]

§ 161-14 Creation of Municipal Waste Authority.

[Added 5-2-1989 by Ord. No. 1690]

The county will create a Municipal Waste Authority to administer the terms of the County Waste Flow Ordinance and to operate the county system. This Authority shall be recognized as having the power to act in place of the county, to the extent determined by the county.

§ 161-15 Unlawful activities; nuisances.

[Added 5-2-1989 by Ord. No. 1690]

A. It shall be unlawful for any person to:

(1) 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 the Municipal Waste Authority consistent with this chapter.

(2) Transport, process, treat, transfer or dispose of or cause to be processed, treated, transferred or disposed of municipal waste generated within the municipality except as provided for in this chapter.

(3) Collect or transport municipal waste present or generated within the municipality without a valid license for collection or transportation issued by the county or the Municipal Waste Authority.

(4) Hinder, obstruct, prevent or interfere with the municipality, the Municipal Waste Authority or the county or their personnel in the performance of any duty under this chapter or in the enforcement of this chapter.

(5) Act in a manner that is contrary to Act 97[1] or Act 101,[2] regulations promulgated thereunder, the plan, this chapter, the county ordinance, rules or regulations promulgated under this chapter or the terms of licenses issued thereunder.

[1] Editor's Note: See the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq.

(6) Dispose of, or cause to be disposed of, processed, treated, or transferred in the recycling waste stream any matter, material, or waste which does not constitute recyclables.

[Added 1-17-2018 by Ord. No. 2363-18]

B. Any unlawful conduct set forth above shall constitute a public nuisance.

§ 161-16 Revocation of license.

[Added 5-2-1989 by Ord. No. 1690]

Upon finding that any person has engaged in unlawful conduct as defined in this chapter, the Municipal Waste Authority or the county may revoke any license issued to that person, and the Municipal Waste Authority or the county may deny any subsequent application by that person for a license pursuant to § 161-8 hereof.

§ 161-17 Injunctions; concurrent remedies.

[Added 5-2-1989 by Ord. No. 1690]

A. In addition to any other remedy provided in this chapter, the Township of Cheltenham or the county may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this chapter. In addition to an injunction, the court may impose penalties as authorized by § 161-19 hereof.

B. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township of Cheltenham or the county from exercising any other remedy provided by this chapter or otherwise provided at law or equity.

§ 161-18 Service charge for collection and disposal.

[Added 12-18-1990 by Ord. No. 1727-90; amended 1-21-1992 by Ord. No. 1745-92]

A. The Township shall charge each owner of property improved with three or fewer single-family residential dwelling units for the collection and disposal of municipal waste and recyclables at a rate to be set forth from time to time by resolution of the Board of Commissioners[1] paid in advance per calendar year. Such charge shall not apply to commercial and industrial establishments and/or properties improved with more than three single-family residential dwelling units where refuse collection and disposal services are not provided by the Township.

[Amended 11-21-1995 by Ord. No. 1846-95]

[1] Editor's Note: See also Ch. A300, Fees.

B. All bills for the collection of this charge shall be forwarded to affected property owners in such time and in such manner as may be directed to the Board of Commissioners. A discount of 2% shall be allowed if payment is made of the whole amount thereof within two months after the date of the bill; a penalty of 10% shall be added if payment is not made within four months after the date of the bill. Thereafter, interest at the rate of 6% per annum shall accrue. If payment is not made on or before December 31 of the year in which the bill is rendered, such charges, together with penalty and interest, shall be liened in accordance with law.[2]

[2] Editor’s Note: See also § A300-26, Discounts for user fees eliminated.

§ 161-19 Violations and penalties.

[Amended 8-21-1990 by Ord. No. 1719-90; 11-21-1995 by Ord. No. 1846-95]

Any person or legal entity violating the provisions of this chapter shall, upon summary conviction before a District Justice, pay a fine of not more than $600, together with costs of suit, collectible in the manner provided by law. Each violation after notice of an offense or service of a summons shall constitute a distinct and separate offense.