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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 92, GARBAGE, RUBBISH AND REFUSE

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Burning -- See Ch. 65.

Food handling establishments -- See Ch. 88.

Housing standards -- See Ch. 98.

Nuisances -- See Ch. 108.

Recycling -- See Ch. 127.

Abandoned refrigerators -- See Ch. 128.

Sewers and sewage -- See Ch. 132.

ARTICLE I, Collection From Private Households [Adopted 6-13-1974 by Ord. No. 1378]

92-1. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section:

COMMERCIAL -- Includes but is not limited to mercantile and merchandising establishments, offices, professional buildings, medical buildings and hospitals, veterinarians' offices or hospitals, recreational buildings, convalescent homes, churches, schools and colleges, institutions, automobile parts and service stations, automotive sales both new and used, commercial banks and banking institutions, service shops, tailor shops, dry-cleaning establishments, laundromats, shoe repair shops, mobile vending, landscape gardening, amusement parks and theaters, lumberyards and cemeteries.

DEPARTMENT -- The Department of Public Health of the Township of Abington.

HOME-BUSINESS ESTABLISHMENTS -- Properties that have a commercial business and a residence at the same location, and the owner and operator of both the commercial business and the residence are the same. [Added 1-11-1990 by Ord. No. 1668]

INDUSTRIAL -- Includes but is not limited to establishments producing and manufacturing or processing products either in a finished or partly finished condition, including fabrication and assembly.

PERSON -- Any individual, institution, public or private corporation, partnership or other entity.

PREMISES -- Land, buildings or other structures, vehicle parking areas, storage areas or parts thereof upon or in which refuse is generated, stored or accumulated.

RECYCLABLE MATERIAL -- Newspapers and clear, colorless glass bottles and containers.

REFUSE -- Normal household refuse, including but not necessarily limited to rubbish, garbage, discarded furniture and ashes; it shall not include pathological products, human body waste, radioactive waste and other materials specifically disapproved for transfer station and landfill disposal by the Pennsylvania Department of Environmental Resources. [Amended 9-13-1990 by Ord. No. 1683; 6-10-1993 by Ord. No. 1732]

RESIDENTIAL DWELLING UNIT -- All single-family dwelling units, multifamily or apartment dwellings not exceeding four family units and all townhouse and condominium complexes not exceeding four family units. Each unit shall be considered as an individual dwelling unit. [Added 2-9-1989 by Ord. No. 1648; amended 2-8-1990 by Ord. No. 1675]

RETAIL -- Includes establishments for the display or sale of goods or commodities to the public, including but not limited to restaurants, eating and drinking establishments, food stores, variety stores and chain stores.

SCAVENGER -- Any person other than the township or a duly authorized agent collecting rubbish and trash placed at the collection point for township collection.

92-2. Places to be served. [Amended 6-8-1989 by Ord. No. 1659]

The Department shall collect all refuse acceptable for collection from all single-family dwellings, all multifamily or apartment dwellings not exceeding four family units and all townhouse and condominium complexes not exceeding four family units, provided such waste is generated within the limits of the premises from which collected. The Department shall not provide refuse collection service for retail, commercial or industrial establishments, except as provided in Article V herein, or for multifamily or apartment dwellings, including townhouse and condominium complexes, exceeding four units.

92-3. Responsibility of owner or occupant.

A. The owner, owner's agent or the occupant of any premises within the township shall be responsible for the sanitary condition of the premises occupied by such person. It shall be unlawful for any person to place, deposit or allow to be placed or deposited on such person's premises any refuse except as designated by the terms of this article.

B. Any person responsible for refuse on premises not served by the refuse collection system of the township or responsible for refuse not acceptable for collection by the township shall make arrangements for the collection and disposal of such refuse with a refuse collector who holds a valid registration certificate issued by the Department.

92-4. Collection of recyclable material.

The Department shall provide for the separate collection of recyclable material.

92-5. Enforcement; right of entry.

The Department is authorized and directed to implement the provisions of this article and any regulations adopted hereunder. The Department or its agent or employee shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this article.

92-6. Scavengers prohibited.

Scavengers are prohibited from operating within the township.

92-7. Rules and regulations.

In order to implement this article and to facilitate the collection of refuse provided hereunder, the Board of Commissioners is hereby authorized and directed to adopt such written rules and regulations as may be necessary. A certified copy of all such regulations as may be adopted shall be filed with the Township Secretary, and such regulations shall be made available for inspection by the public. Such regulations shall have the same force and effect as the provisions of this article, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this article, as hereinafter provided.

92-8. Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction thereof by any District Justice, be sentenced to pay a fine of not less than $10 nor more than $300, together with the costs of prosecution. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant may be sentenced and committed to the township lockup for a period not exceeding five days or the county jail for a period not exceeding 30 days.

ARTICLE II, Collection From Commercial and Industrial Establishments [Adopted 5-11-1972 by Ord. No. 1329]

92-9. Legislative declaration.

In the Township of Abington there are or may in the future be refuse storage, collection or disposal practices which are so unsafe, dangerous, unhygienic or unsanitary as to constitute a menace to the health and safety of the public and may also constitute a nuisance to the public.

92-10. Rules and regulations.

In order to provide for the protection of the health and welfare of the public and to further protect such public from any potentially or presently dangerous, unsafe, unhygienic or unsanitary refuse storage conditions as stated in 92-9, the Abington Township Board of Commissioners is hereby authorized and directed to adopt such written rules and regulations as may be necessary for the implementation and enforcement of the provisions of this article. A certified copy of all such regulations as may be adopted shall be filed with the Township Secretary, and such regulations shall be made available for inspection by the public. Such regulations shall have the same force and effect as the provisions of this article and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this article, as hereinafter provided.

92-11. Permit required; procedure; fee.

A. All persons engaged in the business of refuse collection or refuse disposal in the Township of Abington shall be required to make application to the Abington Department of Public Health for a permit to operate such business, as hereinafter provided. The Township Secretary shall issue permits to such applicants, provided that said permits shall be limited to persons having proper equipment and personnel to collect and dispose of refuse in accordance with the provisions of this article, and provided further that the method of disposal used is in accordance with the requirements of this article and regulations promulgated thereunder.

B. Every person desiring to engage in the collection and/or disposal of refuse shall make written application to the Department, setting forth the name of such person, the residence address thereof or the address of the place of business, a description of the place of disposal and the method of disposal to be practiced. Upon approval of such application, the Department shall issue a permit to the applicant. The permit fee shall be $25, payable in advance to the Department of Public Health.

C. Any person whose application for a permit is denied may request and shall be granted a hearing before the Department of Public Health, under the procedure provided by 92-12B.

D. A permit issued under this article shall expire on the 31st day of December of each year. Permits shall be renewable annually in the same manner and upon payment of the same annual fee as provided in Subsection B of this section.

E. Applicants for a permit shall be required to file with the township certificates covering workmen's compensation and public liability, collision and property damage in amounts of coverage acceptable to the township.

92-12. Enforcement; notices and orders; hearings.

A. Whenever the Department determines that there are reasonable grounds to believe that there has been a violation of any provisions of this article or of any regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided.

(1) Such notice shall:

(a) Be put in writing.

(b) Include a statement of the reasons why it is being issued.

(c) Allow a reasonable time for the performance of any act it requires.

(d) Be served upon the holder of a permit issued under this article, or upon the owner or owner's agent or the occupant of any premises within the township, provided that such notice shall be deemed to have been properly served when a copy thereof has been served personally or notice has been mailed, first-class mail, postage prepaid, to such person's last known address.

(2) Such notice may:

(a) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.

(b) State that unless conditions or practices described in such notice which violate this article are corrected within the reasonable time specified in such notice, the permit which has been issued pursuant to this article may be suspended or revoked.

B. Any person who is affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Department, provided that such person shall file in the office of the Department a written petition requesting such hearing and setting forth a brief statement of the ground therefor within 10 days after the day the notice was served personally or 10 days after the date of mailing. Upon receipt of such petition, the Department shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner the Department may postpone the date of the hearing for a reasonable time beyond such ten-day period when in its Judgment the petitioner has submitted a good and sufficient reason for such postponement.

C. After such hearing, the Department shall sustain, modify or withdraw the notice, depending upon its finding based on such hearing as to whether or not the provisions of this article and of the regulations adopted pursuant thereto have been complied with. If the Department sustains or modifies such notice, it shall be deemed to be an order. Any notice shall automatically become an order if a written petition for a hearing has not been filed in the office of the Department within 10 days after such notice was served. In the case of any notice which states that a permit required by this article may be suspended or revoked, the Department may suspend or revoke such permit if an order is issued and corrective action is not taken within the time specified in the notice.

D. The proceedings at such hearing, including the findings and decision of the Department, shall be summarized, put into writing and entered as a matter of public record in the office of the Department. Such record shall include also a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Department may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.

E. Whenever the Department finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may, without notice or hearing, issue a written order citing the existence of such an emergency and the conditions violating this article which require corrective action to remove such health hazard. If such corrective action is not taken, the Department may thereafter take such action as may be necessary to protect the public health, including stoppage of processing operations. Notwithstanding other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Department shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed. After such hearing, depending upon its finding as to whether or not the provisions of this article and of the regulations adopted pursuant thereto have been complied with, the Department shall sustain, modify or withdraw the order.

92-13. Right of entry.

The Department of Public Health shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this article.

92-14. Violations and penalties.

Any person falling to comply with any of the provisions of this article shall be liable for each such offense, upon conviction before any District Justice within the Township of Abington, to a fine of not more than $300, together with the costs of prosecution, and in default of payment of such fine and costs to undergo imprisonment for a period not exceeding five days, and each day's failure to comply with any such provisions shall constitute a separate violation.

ARTICLE III, Dumping [Adopted 4-9-1959 by Ord. No. 946]

92-15. Dumping of garbage or rubbish prohibited.

It shall be unlawful for any person, firm or corporation or any agent thereof to place, throw or maintain in or near any public highway or other public place or on any lot or piece of ground within the Township of Abington, any liquid or solid vegetable or animal matter, any trash or rubbish or any other thing that will endanger the peace, comfort, safety or health of the public, or to contribute thereto by any act or failure to act.

92-16. Maintenance of premises.

It shall likewise be unlawful to keep or suffer to remain on any premises within the Township of Abington any garbage, decayed or offensive or unwholesome matter of any kind or any trash or rubbish.

92-17. Violations and penalties.

For each and every violation of the provisions of this article, the person violating the same shall be liable, upon conviction thereof, to a fine not exceeding $50, to be collected as fines and penalties are collectible by law. A new and separate offense shall be deemed to have been committed for each day that said violation exists. In default of payment of any fine or penalty imposed hereunder, said violator shall undergo imprisonment for not more than five days.

ARTICLE IV, Residential Refuse Fees [Adopted 2-9-1989 by Ord. No. 1648]

92-18. Payment of fee; collection.

A. The owner of each individual residential dwelling unit shall pay a fee to the Township of Abington for the collection, removal and disposal of garbage, rubbish and refuse. Such fee shall be set at a rate established by the Board of Commissioners in a resolution. [Amended 2-8-1990 by Ord. No. 1675]

B. All refuse fee bills shall be mailed to the owner of record and will be collected by the Township Treasurer, who will be compensated for said collection as set now and in the future in a resolution by the Board of Commissioners.

92-19. Payment due date; delinquent payment procedures and fee schedule for delinquent collections. [Amended 8-11-1994 by Ord. No. 1743; 4-9-1998 by Ord. No. 1813]

A. Each current year refuse collection fee bill shall be due and payable on the date as set forth on the township and county real estate tax bill. Refuse collection fee bills shall not be eligible for any discount.

B. If any current year refuse collection fee bill is not paid on or before the 120th day following the real estate tax billing date, such refuse collection fee shall be subject to a penalty in the amount of 10% of the face amount of the sewer fee.

C. If any refuse fee bill remains unpaid as of the last day of the current calendar year, a township official, as may be designated by the Board of Commissioners, shall file a municipal lien against the affected property, said lien to include the cost of filing plus a fee for administrative costs, the amount of such fee to be determined from time to time as set forth by resolution of the Board of Commissioners.

D. Following the filing of the lien pursuant to Subsection C above, the township may collect the outstanding refuse collection fee bill, including penalty, interest and costs, by any means provided by law, including but not limited to filing a civil suit before the appropriate District Justice or in the Montgomery County Court of Common Pleas and/or by discontinuing refuse collection service and/or by filing a Writ of Scire Facias in the Montgomery County Court of Common Pleas or by the use of an outside collection service.

E. Schedule of fees. The Board of Township Commissioners does hereby approve the following schedule of attorney fees for services in connection with the collection of delinquent user fees. Said fees are hereby determined to be fair and reasonable compensation for the services as set forth below and are in accordance with the principles set forth in Section 3(a.1) of the Municipal Claims LawEN as added by Act No. 1 of 1996 (the "Act"):

Legal Services Fee for Services

Initial review and sending first $135

demand letter

File lien and mailing second demand $125

letter

Prepare Writ of Scire Facias $125

Obtain reissued Writ $25

Prepare and mail letter under Pa. $25

R.C.P. 237.1

Prepare motion for alternate service $175

Prepare motion for summary judgment $175

and related judgment

Prepare Writ of Execution $600

Attendance at sale; review Schedule $400

of Distribution and resolve

distribution issues

Services not covered above $135 per hour

(1) There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees.

(2) The amount of fees determined as set forth above shall be added to the township's claim in each account.

ARTICLE V, Fee for Collection from Commercial and Institutional Establishments [Adopted 6-8-1989 by Ord. No. 1659]

92-20. Declaration.

In order to provide for the protection of the health and welfare of the public and to further protect such public from any unsafe or unsanitary collection, removal and disposal of garbage, refuse acceptable for collection from commercial and institutional establishment within the Township of Abington generating less than two tons of garbage, rubbish and refuse a year in accordance with the provisions set forth herein.

92-21. Places to be served.

The Department shall collect all refuse acceptable for collection from commercial and institutional establishments generating less than two tons of refuse a year.

92-22. Exceptions.

A. A commercial or institutional establishment may choose not to accept the services of the Department and to be responsible for collection and disposal of its own refuse, provided that such establishment shall submit written documentation to the Department that its refuse is presently being collected and disposed of by a commercial hauler authorized to collect refuse in the Township of Abington as provided in Article II, 92-11, herein.

B. Any home business that currently operates in Abington Township, utilizes the township's trash service and pays the commercial trash fee will not be obligated to pay the residential trash fee. [Added 1-11-1990 by Ord. No. 1668]

92-23. Fee.

A. Each commercial and institutional establishment generating less than two tons of refuse a year shall pay a fee to the Township of Abington for the collection, removal and disposal of garbage, rubbish and refuse; such fee shall be set at a rate established by the Board of Commissioners in a resolution.

B. All refuse fee bills shall be mailed to the owner of record of the premises and the owner of the commercial or institutional establishment, and the refuse fee will be collected by the Township Treasurer from the owner of the commercial or institutional establishment. The Township Treasurer will be compensated for said collection as set in resolution by the Board of Commissioners.

C. Each refuse bill fee shall be due and payable on the first day of the first month of each quarter, namely January, April, July and October. If said bill is not paid on or before the 10th day of the first month of the quarter, a penalty of 0.8% per month shall be imposed. Said penalty shall be for the full month with no allowances for any fractional part of a month. Fees which remain due and outstanding at the end of the calendar year may be collected by the Township of Abington as provided by law for the recovery of municipal claims.

92-24. Violations and penalties.

For each and every violation of this article the owner of record of the premises where the violation exists and the owner of the commercial or institutional establishment shall be liable in an enforcement proceeding before the District Justice for a civil judgment, including court costs.

ARTICLE VI, Solid Waste Disposal [Adopted 5-11-1989 by Ord. No. 1654]

92-25. Definitions.

A. The following terms shall have the following meanings in this article:

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 article 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.

MUNICIPAL COMMITMENT -- The obligation of each participating municipality to deliver or cause to be delivered to the county system all 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 Abington (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 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.

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 IMA and the County Waste Flow Ordinance.

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 -- 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.

PLAN -- The county-wide municipal waste management plan developed by the county and approved by the Department of Environmental Resources, 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.

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.

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.

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; 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.

B. All other capitalized 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, 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.

92-26. Licensing and collection regulations.

A. Licensing. 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 municipality. This waste collection or transportation license shall be a county license issued by the county or the Municipal Waste Authority. The municipality shall administer such license upon request of the county or the Municipal Waste Authority.

B. 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 the county ordinance, this article 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 municipality, 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. Administration. 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 municipality. Any collectors or transporters who fail to comply with the provisions of this article shall be subject to any applicable sanctions in addition to the revocation of their licenses.

92-27. Disposal and recycling.

A. Delivery to county system. Except as provided in Subsections B and C below, all acceptable waste generated within this municipality 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 municipality 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 at other sites. Disposal of municipal waste collected or generated within the municipality 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 municipality.

C. Recycling. 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.

92-28. Scope of regulations; enforcement.

A. Compliance with county regulations. The collection, transportation and disposal of municipal waste present or generated within the municipality 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, record keeping, transportation routes, payment for services, billing for shortfalls, sanctions for nonpayment and other matters. To the extent that a municipality is engaged in the administration of any licenses pursuant to written agreement with the county as required in Section 303(d) of Act 101 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.

B. Adoption of regulations. Rules and regulations adopted by the county or Municipal Waste Authority, for the county system shall be deemed rules and regulations adopted under this article. Each of the municipalities shall abide by such rules and regulations and will not adopt any rules and regulations to the contrary.

C. Consistency of regulations with Article and other laws. No rules or regulations adopted by the municipality pursuant to this article shall be in violation of, inconsistent with or less stringent than the provisions of this article, the other municipal waste flow ordinances, the County Waste Flow Ordinance, the plan, the provisions and purposes of Act 97, Act 101 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 Resources or the Pennsylvania Environmental Quality Board governing municipal waste planning, collection, storage, transportation, processing or disposal.

D. Enforcement of waste flow control. Enforcement of waste flow control and the terms of and any duties established pursuant to the County Waste Flow Ordinance, the other Municipal Waste Flow Ordinances and this article 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.

92-29. Annual survey.

A. An annual survey of all generators of 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 municipality, shall be conducted by an engineering consultant designated by the county or the Municipal Waste Authority. Such engineering consultant shall estimate based on such survey the amount of each type of municipal waste of the municipality 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 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.

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

C. 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 municipality shall jointly specify the size of the projection of the municipality's municipal commitment for such operating year, which projection shall be equal to the amount of the municipality's residential component (as reasonably determined by an engineer retained by the county or Municipal Waste Authority for this purpose, after taking into account any and all information provided by the municipality) plus any other amounts agreed upon by the county and the municipality. This projection will be net of any waste removed as a result of source separation. This projection shall be further stated in 12 monthly projections, the sum of which shall be equal to the operating year projection. This projection shall be adjusted by the county from time to time following consultation with the municipality, as and 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.

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

E. 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.

92-30. Operations restrictions.

A. The municipality 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 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 article as the county may expressly agree to in writing. In addition, the municipality 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 municipality 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, each participating municipality 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 municipality in contravention of the terms of the County Waste Flow Ordinance, this article or any rules and regulations issued thereunder.

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

D. This Article shall be construed consistently with Act 97 and Act 101.

92-31. Municipal Waste Authority.

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.

92-32. Unlawful conduct.

A. Unlawful conduct. It shall be unlawful for any person to:

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

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

(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 article or in the enforcement of this article.

(5) 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.

B. Public nuisance. Any unlawful conduct set forth in Subsection A hereof shall constitute a public nuisance.

92-33. Violations and penalties.

Any person who engages in unlawful conduct as defined in this article shall, upon conviction thereof, in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $1,000 and not less than $500 and, in default of payment thereof, shall be committed to the county jail for a period not exceeding 30 days. Each day that there is a violation of this article shall constitute a separate offense.

92-34. Revocation of license.

Upon finding that any person has engaged in unlawful conduct as defined in this article, the Municipal Waste Authority or the county may revoke any license issued to that person in accordance with 92-26 of this article and the Municipal Waste Authority or the county may deny any subsequent application by that person for a license pursuant to 92-26 hereof.

92-35. Injunctions; concurrent remedies.

A. Restraining violations. In addition to any other remedy provided in this article, the municipality or the county 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 92-33 hereof.

B. 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 or the county from exercising any other remedy provided by this article or otherwise provided at law or equity.

92-36. Intermunicipal agreement.

A. Entry into IMA. In order to implement the intent and terms of this article, the municipality, pursuant to the authority of the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180, codified at Pa. Stat. Ann. tit. 53, 481 to 490 (Purdon 1974 and Purdon Supp. 1988) and Article IX, Section 5 of the Constitution of the Commonwealth of Pennsylvania, has determined to enter into the IMA between the municipality, the county and other municipalities within Solid Waste Districts Nos. One and Two of the county, together with such changes consistent with this article, if any, as may be approved by the officials of the parties executing the same, such execution to be conclusive evidence of such approval.

B. Terms and implementation of IMA. As more fully set forth in the IMA and this article:

(1) Conditions and terms of IMA. In the IMA:

(a) The county or the Municipal Waste Authority agrees to arrange through the county system for the provision of municipal waste disposal facilities for the economical and environmentally sound disposal of acceptable waste generated within the participating municipalities, and in the course thereof, to arrange for the construction of a privately owned one-thousand-two-hundred-ton-per-day facility for the processing or other disposition of acceptable waste generated within the several jurisdictions of the participating municipalities.

(b) The participating municipalities state that they have enacted a Municipal Waste Flow Ordinance in a form substantially similar to this article and assure that the residential component of their acceptable waste will be delivered to the county system.

(c) The county or the Municipal Waste Authority agrees to enact or cause to be enacted rules and regulations and to enforce or cause to be enforced this article and the County Waste Flow Ordinance and the parallel municipal waste flow ordinances.

(d) The parties agree to cooperate in the joint enforcement of the IMA and all ordinances enacted pursuant to the IMA and the participating municipalities thereby agree cooperatively to exercise, to delegate to the county or the Municipal Waste Authority and to allow delegation of such powers, duties and responsibilities as set forth in the IMA.

(2) Duration of term of the IMA. The term of the IMA shall commence on the closing date for the financing of the facility and shall terminate on the earlier of the 30th anniversary of such date or at the end of the operating year in which all bonds and any other indebtedness outstanding issued in connection with the bonds or owed to any assignee has been paid in full.

(3) Purpose and objectives of IMA. The purpose of the IMA is to provide a mechanism to finance, to construct and to operate the county system to serve the municipalities within the county, and to provide continuing municipal waste planning, as more fully set forth in the recitals to the IMA and this article.

(4) Manner and extent of financing the IMA. During the term of the IMA, participating municipalities and other persons using the county system shall pay to the county on a monthly basis the then current per ton municipal tipping fee plus any other charges payable, as specified by the county and then in effect, for all tonnage delivered or caused to be delivered to the county system, in accordance with Article III of the IMA.

C. Execution. Appropriate officers of this municipality are authorized and directed to execute the IMA on behalf of this municipality.

D. Findings under Intergovernmental Cooperation Act. As required by the Intergovernmental Cooperation Act of July 12, 1972, PL. 762, No. 180, as amended, the following matters are specifically found and determined:

(1) The conditions of agreement are set forth in the IMA;

(2) The duration of the term of the agreement is set forth in Section 901 of the IMA;

(3) The purpose of the IMA is to cooperate with the county or Municipal Waste Authority and other participating municipalities in implementing the plan;

(4) The agreement will be financed through the budgeting and appropriation of funds by the municipality as necessary to meet the municipality's obligations;

(5) The organizational structure necessary to implement the agreement is set forth in the IMA with which the current officers of the municipality shall cooperate;

(6) The manner in which property, real or personal, shall be acquired, managed, licensed or disposed of is by way of lease or other contract otherwise as set forth in the IMA; and

(7) The agreement contemplates cooperation with the county or Municipal Waste Authority, which entities are empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for its employees.

92-37. Construal of provisions.

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.

92-38. Compliance with IMA.

The municipality will take such actions as are necessary to comply with the terms of the IMA and to fulfill its obligations thereunder.

ARTICLE VII, Separation, Storage and Collection of Recyclable MaterialsEN [Adopted 9-13-1990 by Ord. No. 1683]

92-39. Program established.

There is hereby established a program requiring the separation, storage and collection of certain recyclable materials.

92-40. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALUMINUM CANS -- Containers constructed solely of aluminum.

CLEAR GLASS -- Products made from silica or sand, soda ash and limestone. The products must be transparent (clear), having no color, and may be used as containers for packaging or bottling, but shall not include mirrors, plate glass, light bulbs or headlights.

COLORED GLASS -- Products made from silica or sand, soda ash and limestone. The products must have a color of green or brown and may be used as containers for packaging or bottling.

LEAF WASTE -- Leaves from trees and shrubbery.

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

NEWSPAPER -- Paper of the type commonly referred to as "newsprint," but not to include magazines or cardboard.

PERSON -- Any individual, partnership, corporation, firm, association, institution or cooperative enterprise.

RECYCLABLE MATERIALS -- Clear glass, colored glass, aluminum cans, high-grade office paper, newsprint, leaf waste and other materials that may be designated by the township.

RECYCLING -- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste 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 the creation and recovery of reusable materials other than a fuel for the operation of energy.

RESIDENCE -- Any single-family, attached or detached, dwelling or multiple dwellings having no more than four units from which the township collects municipal waste.

TOWNSHIP -- The Township of Abington, Montgomery County, Pennsylvania.

92-41. Residential separation and preparation requirements.

Any person who owns or occupies a residence in the township shall keep separate from municipal waste the following recyclable materials:

A. Aluminum cans. Cans shall be empty, free of food waste and placed in a designated recycling container issued by the township.

B. Clear and colored glass. Glass shall be clean, free of food waste and lids and placed in a designated recycling container issued by the township.

C. Newspapers. Newspapers shall be tied in bundles or placed in paper bags; neither the bundles nor the paper bags shall exceed 25 pounds in weight.

D. Leaf waste. Leaf waste shall be stored on the premises of the residence until the township schedules a leaf waste collection. This subsection shall not prevent the composting of leaf waste on said premises for personal use.

92-42. Collection from residences.

On the day or days designated by the township, any person who owns or occupies a residence in the township shall place recyclable materials for collection in the following manner:

A. Aluminum cans, clear and colored glass. Aluminum cans and clear and colored glass shall be placed in designated recycling containers at the curb- or street side of the residence or at the residence's authorized municipal waste collection point.

B. Newspapers. Newspapers shall be placed at the curbside or street side of the residence or at the residence's authorized municipal waste collection point.

C. Leaf waste. Leaf waste shall be placed on the grass area behind the curb, and where no curbs exist, at the edge of the street.

92-43. Unauthorized collection.

It shall be unlawful for any person, except for the employees of the township engaged in the performance of their duties on behalf of the township, to collect recyclable materials under this article unless such person has first obtained written permission from the township.

92-44. Multifamily, commercial, retail and institutional requirements.

Persons owning or occupying multifamily dwellings having more than four units and commercial, retail and institutional establishments within the township shall be responsible for implementing their own separation, storage and collection of recyclable materials. Such persons shall have a recycling program which is consistent with the requirements of Act 101 of 1988, the Municipal Waste Planning Recycling and Waste Reduction Act.EN Such persons shall provide annually to the township written documentation of the items recycled and the total number of tons or fractions of tons recycled. Such annual documentation shall cover the calendar year and shall be provided to the township within three months after the end of the calendar year, but in no event later than April. Such persons shall provide suitable containers for sorting and collection, easy accessible locations for such activity and written instructions for implementing the recycling program. Upon request by the township, multifamily dwellings and commercial, retail and institutional establishments shall be required to demonstrate their implemented recycling programs. These establishments must provide for the separation and collection of recyclable materials to include the following:

A. Multifamily residential recycling. Multifamily dwellings having four or more units shall be required to separate from municipal waste and provide for collection of the following items:

(1) Leaf waste.

(2) At least three of the following recyclable materials: aluminum cans, clear glass, colored glass or newspaper.

B. Commercial, retail and institutional recycling. Commercial, retail and institutional establishments shall be required to separate from municipal waste and provide for collection of the following items:

(1) Aluminum cans.

(2) High-grade office paper.

(3) Corrugated paper.

(4) Leaf waste.

(5) One additional recyclable material from the following listed materials: glass, plastic containers or tin cans.

92-45. Violations and penalties. [Amended 6-10-1993 by Ord. No. 1732]

Any person violating any of the provisions of this article shall, upon conviction thereof by any District Justice, be sentenced to pay a fine of not less than $10 nor more than $300, together with the court costs. Each day that a violation exists shall constitute a separate offense, punishable by a like fine.

92-46. Board to adopt rules and regulations. [Amended 6-10-1993 by Ord. No. 1732]

The Board of Commissioners may from time to time adopt by resolution such rules and regulations as may be necessary to carry out the operation of this recycling program.