Township of Upper Pottsgrove, PA Article II Solid Waste and Recycling Requirements

§ 297-4 Mandatory separation program established.

There hereby is established a program for the mandatory source-separation and collection of recyclable materials, yard waste, and/or leaf waste within Upper Pottsgrove Township, Montgomery County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials, leaf waste, and/or yard waste within Upper Pottsgrove Township except in accordance with this article. The use of a municipal waste collector will not relieve any person from compliance with this article.

§ 297-5 Residential recycling.

A. Recyclable materials. All residents of Upper Pottsgrove Township shall separate recyclable materials from all municipal waste generated at their properties. When placed at the curb for collection in accordance with the provisions of this article, recyclable materials shall be placed in separate, reusable containers which clearly identify the contents as recyclables. Except for bulk pickup items, no such municipal waste and/or recycling materials containers, including bundles of newspapers, shall exceed 50 pounds, and such containers and newspapers shall not be placed on the public streets. Such containers shall be provided by the municipal waste collector. The preparation for collection of municipal waste and recycling materials shall be made in accordance with the provisions of this chapter.

B. Leaf waste and yard waste. All residents of Upper Pottsgrove Township shall separate leaf waste and yard waste from all municipal waste generated at their property. Leaf waste and yard waste shall be placed in paper biodegradable bags. Any resident who otherwise provides for the proper disposal of leaf waste and yard waste by composting, or otherwise, shall not be required to comply with the provisions of this Subsection B.

C. Collection. Collection of recyclable materials shall be made only by a municipal waste collector at a minimum of once per week. Leaf waste and yard waste shall be collected by a municipal waste collector in accordance with the requirements of this chapter.

D. Multifamily residences. An owner, landlord or agent of an owner or landlord of multifamily residential housing properties with four or more units, or the residents of such multifamily residential properties acting by and through a duly constituted homeowners' association, shall comply with their responsibilities under this article by establishing a collection system for recyclable materials at each property and pickup by a municipal waste collector. A collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords, agents and homeowners associations shall annually provide written documentation and certification to Upper Pottsgrove Township of the total volume of materials, and the types of materials recycled. Such owners, landlords, agents and homeowners associations may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township. Owners, landlords, and agents of owners or landlords who comply with this article under this Subsection D shall not be liable for the noncompliance of occupants of their building.

§ 297-6 Commercial, institutional and municipal recycling.

All persons occupying commercial, institutional and municipal establishments within Upper Pottsgrove Township shall separate high-grade office paper, corrugated paper, and all recyclable materials, and such other materials as may be changed from time to time by resolution of the Board of Commissioners of Upper Pottsgrove Township, generated at such establishment and from community activities, store the materials until collection by a municipal waste collector, and annually provide written documentation and certification to Upper Pottsgrove Township of the total volume of materials and the type for materials recycled. Such persons may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township.

§ 297-7 Prohibitions.

A. No person shall place municipal waste in containers used for the separation and collection of recyclable materials.

B. No person shall place recyclable materials in containers used for the separation and collection of municipal waste.

C. No person shall store municipal waste outside of an enclosed building in other than closed watertight containers.

D. No person shall place containers for municipal waste or recyclable materials at the curb or in the front yard of any lot, except during the period beginning at 6:00 p.m., prevailing time, on the day prior to a scheduled collection and ending at 12:00 midnight on the day of a scheduled collection. "Front yard" shall mean the area between the street line and the first building on the lot.[1]

[1] Editor’s Note: Former Subsections E and F, regarding use of a municipal waste hauler other than that designated by the Township, both of which immediately followed this subsection, were repealed 3-21-2016 by Ord. No. 485.

§ 297-8 Impairment of ownership.

Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of separated material by the persons who generated them unless and until separate materials are placed at curbside or similar location for collection by a municipal waste collector.

§ 297-9 Anti-scavenging provisions.

From the time of placement of the recyclable materials at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this article and any rules and regulations adopted hereunder, the recyclable materials shall become and be the property of the municipal waste collector. It shall be a violation of this article for any person not duly authorized by Upper Pottsgrove Township to collect or pick up or cause to be collected or picked up any recyclable materials placed at the curb or other designated place for collection by a municipal waste collector pursuant to the provisions of this article. Any and each such unauthorized collection in violation hereof from one or more residence shall constitute a separate and distinct offense punishable as hereinafter provided in this chapter.

§ 297-10 Additional rules and regulations.

The collection of municipal waste and recyclable materials by municipal waste collectors, and the preparation and collection of municipal waste and recyclable materials by property owners and residents of the Township, 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 chapter. Such additional 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 chapter. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Commissioners.

§ 297-11 Construal of provisions.

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, Act of July 28, 1988, P.L. 556, No. 101. 53 P.S. § 4000.101 et seq.; and the rules and regulations adopted thereunder.