This article shall be known and may be cited as the "Upper Pottsgrove Township Municipal Waste and Recycling Collectors Ordinance."
It shall be unlawful for any municipal waste collector to collect and transport municipal waste or recyclable material within Upper Pottsgrove Township without first registering with Upper Pottsgrove Township.
The following solid waste and recycling services shall be the minimum provided to each resident in Upper Pottsgrove Township effective August 1, 2010, by any municipal waste/recycling collector:
[Amended 3-21-2016 by Ord. No. 485]
In addition to the minimum levels of service referred to in § 297-14 above, in order to engage in any collection, transportation, processing, disposal or recycling of municipal waste, recyclable materials, and/or yard waste in Upper Pottsgrove Township, all municipal waste collectors shall comply with the following:
Complete and sign the Township "Solid Waste and Recycling Materials Collectors Information Sheet" (hereinafter "Information Sheet").
Present certificates of insurance in the type and amounts hereinafter required.
Provide the Township with certain minimum information so as to ensure the Township that all of its residents and households are receiving the minimum level of services provided herein.
Ensure that each collection vehicle possesses a valid and effective DEP Act 90 license/sticker.
Issue warning notices of violations on forms provided by the Township to residents failing to comply with the procedures for separation, storage and collections of recyclable materials and yard waste, and provide a copy of any such warning to the Township.
File annually with the Township a rate schedule showing the rates to be charged to its customers for the collection of municipal waste, recyclable materials, and yard waste. 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, on a quarterly basis, a map showing the areas of the Township in which it operates and a timetable setting forth the days of collection.
In addition, each municipal waste collector shall update the information on the information sheet annually (by January 31 of each year). In the event the municipal waste collector ceases to do business in the Township for any reason (sale, transfer, bankruptcy, etc.), it shall provide the Township with a notice of such cessation of business, as well as provide the Township with an updated list of residences that it currently serviced in the Township.
At the time of registration, the municipal waste collector shall pay the Township a registration fee in an amount established from time to time by resolution of the Board of Commissioners.
Each municipal waste/recycling collector (hereinafter "MWC") shall comply with and provide the following information to Upper Pottsgrove Township:
The MWC shall provide minimum levels of solid waste and recycling services set forth in § 297-14 to each residence served by the MWC.
The MWC shall file true and correct information listing the names and addresses of the residences being served by said MWC. Any changes in the residences being serviced shall be provided to the Township on a quarterly basis.
The MWC shall file true and correct disposal and recycling reports with Township on a regular basis pursuant to law on the forms provided and required by the Township.
The MWC shall abide by all ordinances, rules and regulations regarding the collection, transportation, disposal and recycling of solid waste promulgated by the Township, Montgomery County and/or the Department of Environmental Protection.
No MWC shall store and/or park collection vehicles or equipment upon residentially zoned property in Upper Pottsgrove Township or upon any street within Upper Pottsgrove Township except during actual collection periods.
All MWC shall comply with the requirements set forth in this article. Any violation of this article shall be grounds for the residents to lose their "opt out" privileges. The following actions shall be unlawful and in violation of this article:
Collecting or transporting any municipal waste, recyclable materials, leaf waste, or yard waste from any resident who fails to source-separate said materials in violation of the Upper Pottsgrove Township Solid Waste and Recycling Ordinance (Chapter 297, Article II) and regulations adopted thereunder.
Commingling any source-separated recyclable materials, leaf waste, or yard waste collected within the Township with any municipal waste.
Failing to provide for the proper disposition of any municipal waste, recyclable materials, leaf waste, or yard waste collected or transported within the Township.
Loading or operating any vehicle within the Township or transporting municipal waste, recyclable materials, leaf waste, and yard waste within the Township in such a manner as to allow municipal waste, recyclable materials, leaf waste, and yard waste to fall upon the public roads or upon land abutting the public roads in the Township.
Failing to replace the containers with their lids or covers in place at the location of collection in an orderly manner.
Otherwise creating a public nuisance.
Collecting municipal waste or recycling materials between the hours of 6:00 p.m. and 6:00 a.m.
Collecting municipal waste or recycling materials on Saturdays, Sundays, or the following holidays: New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day, and/or Christmas Day.
Failing to ensure every vehicle used in the collection of municipal waste shall carry at least one broom and shovel, which shall be used to clean-up municipal waste which is spilled or scattered during collection or transportation.
Failing to comply with the rules and regulations per collection of municipal waste and recyclables, as provided for by Upper Pottsgrove Township.
The collection of municipal waste and recyclable materials by municipal waste collectors shall be made in compliance with the regulations to be adopted by the Board of Commissioners of Upper Pottsgrove Township to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Board of Commissioners and, when so approved, shall have the same force and effect as the provisions of this article. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Commissioners.
The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.; the Municipal Waste Planning, Recycling and Waste Reduction Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq.; and the rules and regulations adopted thereunder.