[HISTORY: Adopted by the Township Council of Horsham Township 7-23-2007 by Ord. No. 2007-7; amended in its entirety 12-10-2014 by Ord. No. 2014-4. Subsequent amendments noted where applicable.]
The following terms shall have the following meanings in this article:
- ACCEPTABLE DISPOSAL SITE
- Waste disposal facilities such as landfills or trash-to-steam facilities which are licensed by and operated in accordance with the laws and regulations of the Commonwealth of Pennsylvania or the laws and regulations of the state in which the disposal site is located.
- 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.
- COLLECTOR or WASTER HAULER
- Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste and/or source-separated recyclable materials.
- The entity or entities which are under contract with the county to provide solid waste disposal service.
- The entity or entities which are under contract with the county to provide solid waste disposal service.
- County of Montgomery, Pennsylvania.
- COUNTY ORDINANCE
- Any ordinance enacted by the county.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, Christmas trees and similar materials, but not including grass clippings.
- Horsham Township, a Home Rule Charter municipality located within the County of Montgomery, Commonwealth of Pennsylvania.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials.
- NONPROCESSIBLE WASTE
- That portion of acceptable waste which consists of:
- 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 provisions of this article prescribing a fine, penalty, imprisonment or denial or grant of any license, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- The county-wide municipal waste management plan developed by the county and approved by DEP, as such may hereafter be amended or modified in compliance with law.
- PROCESSIBLE WASTE
- That portion of acceptable waste which is not nonprocessible waste.
- 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 a participating municipality, exclusive of multiple-family dwellings which are not included in the calculation of the residential component pursuant to regulations of the county.
- 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, leaf waste, and other materials in accordance with Act 101.
- (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"; and
- (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.
Editor's Note: See 53 P.S. § 4000.101 et seq.
All other words and phrases shall have the same meanings as set forth in Act 97 or Act 101 as they may hereinafter be amended or supplemented by legislation regarding municipal waste management or planning.
Licensing. No person who is not duly licensed by the Pennsylvania Department of Environmental Protection (DEP) may collect or transport municipal waste located or generated within the municipality.
Compliance with rules, regulations and ordinances. In carrying on activities related to solid waste collection or transportation within this municipality, all municipal waste collectors and all municipal waste transporters shall comply with all terms of the service agreement and all laws and regulations of the Commonwealth of Pennsylvania pertaining to the collection, transportation and disposal of solid waste. Delivery by such collectors or transporters of the county system of unacceptable waste, nonprocessible waste (except for white goods) and waste from unapproved sources is prohibited.
Administration. Any collectors or transporters who fail to comply with the provisions of this article shall be subject to any applicable sanctions.
All collectors or waste haulers operating within Horsham Township must comply with the following minimum standards and regulations.
All trucks or other vehicles used for collection and transportation of municipal waste and/or source-separated recyclable materials must comply with the applicable requirements of Act 90, Act 97, Act 101, and PADEP regulations adopted pursuant to Act 97 and Act 101, including the Title 25 Pa. Code Chapter 285, Subchapter B, regulations for the collection and transportation of municipal waste.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall be operated and maintained in a manner that will prevent creation of a nuisance or a hazard to public health, safety and welfare.
All collection vehicles conveying putrescible municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances.
All collection vehicles conveying nonputrescible municipal waste and/or source-separated recyclable materials shall be capable of being enclosed or covered to prevent litter and other nuisances.
All collection vehicles conveying municipal waste and/or source-separated recyclable materials shall bear signs identifying the name and business address of the person or municipality which owns the vehicle and the specific type of material transported by the vehicle. All such signs shall have lettering which is at least six inches in height as required by Act 101.
It shall be unlawful to dump, destroy, burn or otherwise dispose of refuse within the Township, except at an approved disposal site. This prohibition shall not extend to the composting of leaf waste.
All refuse shall be deposited and disposed of at an acceptable disposal site.
All disposal regulations of the approved disposal site shall be adhered to.
All vehicles used for collection shall use, insofar as practical, only state highways when proceeding to and from the approved disposal sites, except when using roads or streets in the Township where contracted to collect.
It shall be unlawful to dispose of live ashes, flammable liquids, explosive substances, toxic chemicals or any other similar hazardous substances in the Township.
Refuse and recyclables shall be prepared as follows:
Garbage shall be placed in suitable bags prior to depositing in containers.
All refuse shall be containerized or properly bundled so that it may be handled by one man or woman.
Recyclables other than leaf waste shall be separated and containerized as required by the collector. Recyclables required for collection by residential users and organizers of community events shall include cardboard, office paper, aluminum, bi-metal, steel, corrugated paper, office paper, newsprint, plastics, colored glass and clear glass. Commercial, institutional, and municipal users shall separate corrugated paper, newsprint, aluminum and leaf waste.
Leaf waste, including leaves, shrubbery, Christmas trees, tree trimmings and similar vegetative materials, shall be separated, prepared and bundled as directed by the collector.
Refuse containers shall be as follows:
Refuse containers shall be made of durable, watertight, rust-resistant material, having close-fitting lids and handles to facilitate collections.
Refuse containers for residences shall be of not more than 96 gallons in capacity.
Refuse containers for commercial establishments, except dumpsters, shall not exceed 96 gallons in capacity.
It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such materials on the bottoms or sides of refuse containers; the interiors of refuse containers shall be kept clean by thorough rinsing and draining as often as necessary.
Each residential dwelling unit and commercial establishment must secure the services of a waste hauler or collector who will collect municipal waste, refuse and recyclables, including leaf waste.
Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.
Notwithstanding § 185-6A, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
Collections shall be made from all properties throughout the Township, including all streets, accepted or otherwise, and including those streets that are temporarily closed for repairs or construction. In the latter case, special collection points shall be designated by the Board or its designee if the condition of the street would prevent access thereto by the collector's truck.
All licensed collectors or licensed waste haulers shall offer to their residential customers commingled recyclables collection service as a part of the normal collection fee for residential trash collection. Recyclables collection shall include, at a minimum, the following commodities: newspaper, clear and colored glass, aluminum, steel and bi-metallic cans; No. 1 and No. 2 plastic. Recyclables shall be collected from each residential customer at a minimum of biweekly. All licensed collectors or haulers shall provide collection of those recyclables designated in § 185-5A(3) from commercial, institutional, and municipal establishments and community activities. All recyclables shall be delivered to a recycling facility as defined in Act 101 or shall be marketed by the hauler.
Each licensed collector or waste hauler operating in the Township shall provide for at least one collection of leaf waste, including, but not limited to, leaves, garden residue, and similar vegetative materials per month.
Each licensed collector or waste hauler operating in the Township shall provide for at least one collection of shrubbery, tree trimmings and similar vegetative materials per month. Collection schedules shall be distributed to the customers and the Township.
Each licensed collector or waste hauler operating in the Township shall provide for at least one collection of Christmas trees between January 7 and January 31 of each year.
The licensed collector or waste hauler shall collect garbage, paper, ashes, trash, rubbish, recyclables, leaf waste, shrubbery, Christmas trees, tree trimmings and similar vegetative materials throughout the Township on routes and according to schedules approved by the Board or its designee.
Collections shall not be made on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
Collections shall be made at those hours mutually agreed upon between the authorized collector and the Board or its designee. Hours agreed upon shall be so indicated within the collection contracts.
All routes, schedules and traffic of collection trucks upon streets and highways shall be subject to the approval of the Board or its designee. No change in the service area or schedules shall be made unless the Board or its designee and all affected customers receive at least two weeks' written notice.
The licensed collector or waste hauler shall, on scheduled routes, cooperate with special cleanup drives or weeks as may be promulgated by the Township, which shall not exceed two in number in any one year. In addition thereto, upon request, the authorized collector shall provide a separate and special collection on a day or days as may be required in order to collect abandoned Christmas trees.
It shall be unlawful for any person to deposit any refuse or other waste material at the roadside for collection more than 24 hours prior to the time prescribed by collectors or to leave any refuse containers at the roadside for more than 24 hours after collection of such refuse or other waste material.
Notwithstanding the collection requirements for vegetative materials set forth above, if the Township maintains a drop-off location in or near the municipality where residents and commercial, industrial, and municipal establishments are provided the opportunity, at least weekly, to drop off leaf waste, the curbside collection of leaf waste may be reduced to one collection per month between the months of April and October.
Unlawful conduct. It shall be unlawful for any person to:
Violate, cause or assist in the violation of any provision of this article, any rule, regulation or order promulgated hereunder, or any rule, regulation or order promulgated by the County or Horsham Township consistent with this article.
Collect or transport municipal waste present or generated within the municipality without a valid license for collection or transportation issued by DEP.
Hinder, obstruct, prevent or interfere with the municipality, the municipal waste authority or the county or their performance of any duty under this article or in the enforcement of this article.
Act in a manner that is contrary to Act 97 or Act 101, regulations promulgated thereunder, the plan, this article, the county ordinance, rules or regulations promulgated under this article, the county ordinance or the terms of licenses issued thereunder.
Any person who engages in unlawful conduct as defined in this article shall, upon conviction before a District Justice, be subject to a penalty of not less than $200 nor more than $500, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days, or both such fine and imprisonment. Each day that a violation continues may be regarded as a separate offense and punishable as such.
Restraining violations. In addition to any other remedy provided in this article, the municipality may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article or rules, regulations, orders or the terms of licenses promulgated or issued pursuant to this article. In addition to an injunction, the court may impose penalties as authorized by § 185-9 hereof.
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the municipality from exercising any other remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This article shall be construed in pari materia with Act 97 and Act 101.
This article shall become effective immediately, except that § 185-3 of this article shall become effective upon the date of the county's issuance of a notice that the county system has become operational.
This article shall be known and may be cited as the "Municipal Waste Collection and Recycling Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals, including but not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, schools, day-care centers and nursing homes.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- MUNICIPAL WASTE
- 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 but excluding source-separated recyclables.
- MUNICIPAL WASTE COLLECTOR
- Any collector registered pursuant to this article and the regulations established by resolution adopted hereunder and pursuant to any intermunicipal agreement subsequently executed by Horsham Township with Montgomery County or other municipalities.
- 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 article prescribing a fine, penalty or imprisonment, or any combination of the foregoing, the term "person" shall mean the officers and directors of any corporation or other legal entity having officers and directors.
- RECYCLABLE MATERIALS
- Those materials required to be recycled pursuant to this chapter or the provisions of regulations established by resolution adopted hereunder, as revised from time to time.
- 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, which owns, leases or occupies a property located in Horsham Township used as a residence and containing four or less dwelling units.
- SOURCE-SEPARATED RECYCLABLES
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling or composting.
Registration. Every person desiring to engage in, continue to engage in or hereinafter to begin to engage in the business of collecting, removing, transporting or hauling municipal waste, leaf waste and recyclable materials from any property in Horsham Township shall first demonstrate to the Township that it is in compliance with all statutes and regulations of the Commonwealth of Pennsylvania, including the DEP. This demonstration of compliance shall be done annually.
Collection equipment and transportation vehicles. The collection equipment and transportation vehicle used 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, white goods, and Christmas trees provided such items are separately collected in accordance with other regulations established by this article or regulations established by resolution adopted hereunder. The municipal waste, leaf 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.
Collection procedures. Municipal waste collectors shall not be required to collect trash of any resident where it is obvious that leaf waste and/or recyclable materials have not been separated pursuant to this article. The collectors shall report to the Township the identity of those residents who have not separated recyclable materials.
Insurance. No person or entity shall be entitled to register with the Township as a municipal waste collector unless such person or entity can show certificates of insurance covering public liability for both bodily injury and property damage, owners' and contractors' protective insurance and automobile insurance with respect to personal injuries and property damage. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this article shall carry with it an endorsement to the effect that the insurance carrier will transmit to the Township, by certified mail, written notice of any modifications, alterations or cancellation of any policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to the Township at least 10 days prior to the effective date of any such modification, alteration or cancellation. Failure to maintain required insurance coverage shall result in cancellation or forfeiture of the collector's license.
Rate schedules. Each municipal waste collector shall annually file with the Township a rate schedule showing the rates to be charged to its customers for the collection of municipal waste and recyclable materials. Such rate schedule shall not be changed by the municipal waste collector without first giving notice to the Township at least 10 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.
Reporting. Each municipal waste collector shall file with the Township quarterly reports which include the following information. The Township shall appoint a designated recycling coordinator responsible for recycling data collection and reporting recycling program performance in the municipality.
Municipal waste haulers are responsible for the collection, marketing and recycling of the Township's designated recyclable materials.
Municipal waste collectors shall not collect refuse, recyclable materials or any other wastes between the hours of 8:00 p.m. and 6:00 a.m. Eastern standard time nor, when applicable, between 8:00 p.m. and 6:00 a.m. daylight saving time. Failure to comply with this provision shall subject a municipal waste collector to enforcement by the individual municipality.
Recyclable materials. All residents within the municipality shall source separate designated recyclable materials generated by such person or generated within a residential unit, multifamily unit or nonresidential unit occupied by such person. When placed at the curbside of the resident for collection in accordance with the provisions of this article, recyclable materials shall be placed in separate, reusable metal or plastic containers which clearly identify the contents as recyclables.
Leaf waste. All residents of Horsham Township shall keep leaf waste separate from all other forms of municipal waste generated at their property and separate from recyclables and shall prepare leaf waste for collection in accordance with regulations adopted hereunder. Any resident who delivers his or her leaf waste to a recycling or composting facility or composts his or her own yard waste shall not be required to comply with the provisions of this section.
Collection. Collection of recyclable materials shall be made only by a municipal waste collector at a minimum of one time per week. Leaf waste shall be set out for collection in a manner to be designated by the Township and the municipal waste collector and shall be delivered by the municipal waste collector to a leaf composting facility operating in accordance with Pennsylvania Department of Environmental Protection's Regulations and Guidelines for Leaf Composting Facilities. Christmas trees shall be collected at least once between January 1 and January 31 by the Township or any collector contracted to pick up trash in the Township.
Prohibition. No person shall place municipal waste in containers used for the separation, collection and transportation of recyclables; no person shall place recyclable materials or leaf waste in containers used for the separation, collection and transportation of municipal waste.
The following provisions apply to the separation and collection of materials from commercial, institutional and municipal establishments, multifamily housing and sponsors or organizers of community activities throughout the Township:
All owners and occupants of commercial, institutional or municipal establishments shall separate the following recycling materials: corrugated paper, office papers, newsprint, aluminum and leaf waste. Persons in multifamily housing (which includes independent and assisted living facilities) and sponsors or organizers of community activities in Horsham Township shall separate the following recycling materials: plastic, colored glass, clear glass, bi-metal and steel, corrugated paper, office papers, newsprint, aluminum and leaf waste. Persons owning and/or operating commercial, institutional, municipal establishments, multifamily housing and sponsors or organizers of community activities shall be responsible for providing a system to source separate recyclable materials from the municipal waste generated at their property. This system should be developed with the assistance of the municipal waste collector.
Each person who owns a multifamily unit or nonresidential unit shall:
Provide recycling containers at easily accessible locations for source separation of designated recyclable materials;
Provide written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source separated; and
Provide collection and delivery to a facility of source-separated designated recyclable materials at a frequency of not less than once per month.
Leaf waste. All persons owning multifamily, commercial, institutional or municipal establishments who gather leaves and are not served by the Township's leaf collection program, if any, shall arrange for the separation of leaf waste from municipal waste for recycling/composting of leaf waste at a composting facility operating in accordance with Pennsylvania Department of Environmental Regulations and Guidelines for Leaf Composting Facilities.
Collection. The method of collection of the recyclable materials for disposition shall be the responsibility of the person who generates the recyclables (i.e., generator) or a municipal waste collector designated by the generator for the collection and marketing and recycling of its recyclable material.
Recycling reports. Recycling reports for multifamily housing, commercial, municipal, institutional properties and community activities:
The landlord of every multifamily housing property and every commercial, municipal and institutional establishment and community activity sponsor shall complete a form to be designated "Recycling Report," to be provided by the Township, which shall indicate where the property's recyclables were delivered or picked up and by whom. Such report shall provide information on the type and amount of each material recycled. The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables are delivered or taken shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and recycling reports quarterly to the Township, the private hauler who removed the recyclables from the property may be the agent for the landlord, operator of the establishment or sponsor of the activity and shall be responsible for completing and submitting such to the Township. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar-year basis thus: January through March; April through June; July through September; and October through December.
Prohibition. No person shall mix municipal waste in containers to be used for the separation and collection of recyclables. No person shall mix recyclable materials or leaf waste in containers used for the separation and collection of municipal waste.
Every residence, commercial establishment and institutional establishment in Horsham Township shall contract with an individual, entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania to have all the municipal waste and recyclables generated on the premises by any of the occupants of the premises removed and disposed of as per §§ 185-4, 185-16, and 185-17 of this Code.
Additional regulations for the collection of municipal waste and recyclable materials by municipal waste collectors, and the preparation for collection of municipal waste and recyclable materials and vegetative waste by property owners and residents of the Township, may be promulgated by regulations to be adopted by the Council of Horsham Township to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Council of Horsham Township 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 replaced by resolution of the Council of Horsham Township.
Any person who violates any provision of this article or of the regulations adopted hereunder, or any person who knowingly commits, takes part in, 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 $50. Each day on which a violation of this article 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 article.