This chapter shall be known as the "Upper Pottsgrove Township
Solid Waste and Recycling Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage containers.
Empty food or beverage containers made of steel and aluminum.
Large items of refuse which are generated from the household
or property, including but not limited to, appliances (white goods),
furniture, large trees and branches, which require collection in other
than the conventional compactor, refuse collection vehicles.
Events sponsored in whole or in part by Upper Pottsgrove
Township, or conducted within Upper Pottsgrove Township and sponsored
privately, which include, but are not limited to, fairs, bazaars,
socials, picnics and organized sporting events that will be attended
by 200 or more individuals per day.
Empty bottles and jars made of clear and colored glass. Expressly
excluded are noncontainer glass, plate glass, porcelain and ceramic
products.
Leaves, garden residue, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operations of residential, municipal,
commercial or instructional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste as defined in the Solid Waste Management Act, Act of July 7,
1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et
seq., from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant, or air pollution control facility.
The term does not include source-separate recyclable materials.
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Upper
Pottsgrove Township, and any business or institution within Upper
Pottsgrove Township which generates municipal waste or recyclable
materials and uses its own employees and equipment for the collection
or transportation of municipal waste or recyclable material. All municipal
waste collectors shall be registered by Upper Pottsgrove Township,
pursuant to the provisions of this chapter.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest, including magazines.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution or agency, or any other legal
entity whatsoever which is recognized by law as a subject of rights
and duties. In any provision of this chapter prescribing a fine, imprisonment
or penalty, or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation or any
other legal entity having officers and directors.
Rigid PET and HDPE bottles, excluding bottles containing
automotive products or household hazardous waste.
Those materials specified by Upper Pottsgrove Township for
collection in accordance with this chapter and recycling regulations
which may be promulgated from time to time. Such material may include,
but shall not be limited to: aluminum cans; clear and colored glass
containers; tin, steel and bimetallic cans; clear and colored PET
ridged plastic bottles; natural and pigmented HDPE plastic bottles;
and newsprint material. The list of recyclable materials may be changed
from time to time by resolution of the Board of Commissioners of Upper
Pottsgrove Township.
Any person who owns, leases or occupies a property located
in Upper Pottsgrove Township used as a residence.
Empty steel or tin-coated steel food or beverage containers.
The municipal waste collector who is under contract with
Upper Pottsgrove Township to collect and dispose of municipal waste
and recyclable materials.
Refrigerators, washing machines, dryers, window air conditioners,
hot water heaters and other major home appliances, which may contain
Freon or other liquid.
Leaves, grass clippings, garden residue, tree trimmings,
chipped shrubbery and other vegetative material.
A.
Unlawful activities; public nuisance. It shall be unlawful and a
public nuisance for any person to violate, cause or assist in a violation
of any provision of this chapter, or violate, cause or assist in the
violation of any rule, regulation or resolution promulgated by the
Board of Commissioners pursuant to this chapter.
B.
Penalties. Any person who violates any provision of this chapter
or any of the regulations adopted hereunder, or any person who engages
in unlawful conduct as defined in this chapter, shall, upon conviction
thereof in a summary proceeding before a Magisterial District Justice,
be sentenced to pay a fine of not more than $1,000 and not less than
$100, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each continuing day
of any violation of this chapter or unlawful conduct as defined in
this chapter shall constitute a separate offense punishable by a like
fine or penalty.
C.
Injunction. In addition to any other remedy provided in this chapter,
Upper Pottsgrove Township may institute a suit in equity where unlawful
conduct or a public nuisance exists as defined in this chapter for
an injunction to restrain a violation of this chapter or any rule,
regulation or resolution promulgated or issued by the Board of Commissioners
pursuant to this chapter.
D.
Concurrent remedies. The penalties and remedies prescribed by this
chapter shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township from exercising any other remedy
provided by this chapter or otherwise provided at law or equity.
