TOWNSHIP OF LOWER MERION

Department of Public Works

MEMORANDUM

TO: Douglas S. Cleland, Township Manager

FROM: Donald K. Cannon, Director of Public Works
Dean J. Dortone, Chief Financial Officer
SUBJECT: Proposed 2010 Solid Waste Fee Rate Structure
DATE: September 18, 2009

At the Finance Committee meeting on September 9th, staff presented three Solid Waste
Fee (SWF) rate structure options, which met the Board’s goal for setting the 2010 SWF’s
at full-cost recovery, including a new Rear Yard Collection Fee (RYCF) and the
elimination of the projected $1.7 million General Fund Subsidy to the Solid Waste Fund.
After discussing the SWF options, the Finance Committee voted in favor of advertising
an Ordinance amendment, which would include the SWF rate structure outlined in
“Option 2”. However, staff is continuing to explore additional SWF rate structures and
will provide an update at the Board of Commissioners meeting on September 23rd.

Working closely with Gilbert High, Township Solicitor, staff has developed a SWF
structure (based on SWF Option 2) for consideration by the Board that sets a one
container base fee of $271 per residence to provide for Township refuse collection
services with an incremental charge of $33 per container (for each additional container
above the base subscription). In addition, the recommendation includes a new 20 gallon
capacity container (Mini Can) priced at $179, as well as the creation of a new RYCF of
$200.

As discussed at the Finance Committee meeting, staff has reviewed the Township
demographics and carefully considered the recommended container size to be utilized in
the new SWF rate structure. The Public Works Refuse Division sampled various trash
collection routes in the Township and determined that there is no standard size refuse
container in use at this time. The range is anywhere between 30 gallons (current limit in
Township Code) to 45 gallons. Taking this information into consideration and the major
changes anticipated for the customers, it is recommended that a 45-gallon container be
utilized as a maximum limit for a one container definition. That is, one container can
range from 21 to 45 gallons. The Mini Can would remain at 20 gallons since this is a
new option and not previously offered.

In addition to instituting the proposed SWF structure and RYCF, it has been determined
there is a need for minor updates to the Township Code Chapter 82 (Garbage and Refuse)
that governs the collection of refuse in the Township. These proposed changes are
included in the attached amended ordinance as prepared by the Township Solicitor and
outlined below:

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 Proposed 2010 Solid Waste Fee Schedule (Option 2)

Solid Waste Fee (SWF) Option 2 Proposed Incremental 2009 to 2010

2009 2010 SWF SWF
Solid Waste Fee Subscriptions Fee Fees Inc/(Dec) Inc/(Dec)
1 Mini Can Container n/a $ 179 n/a n/a
1 Container $ 192 271 $ 92 79
2 Container 262 304 33 42
3 Container 322 337 33 15
4 Container 322 370 33 48
5 Container 322 403 33 81
6 Container 514 436 33 (78)
7 Container 584 469 33 (115)
8 Container 644 502 33 (142)
Rear Yard Collection Fee n/a 200 n/a 200

Summary of Key Ordinance Changes:

ƒ Language was added to Section 1, B-1 (a) to read “except those located above the
commercial establishments”. This language is needed to address apartments that
are located above commercial establishments, which are considered commercial
properties. The Township does not collect refuse or recycling from commercial
properties.

ƒ Language was added to Section 2, D-7, to better define operational issues when
dealing with rear-yard collections that are more than 100’ from the street. The
language allows for the vehicle to gain access to the area where the containers are
placed by driving down the driveway.

ƒ Section 3F removes the holidays of Good Friday and Flag Day from the list of
holidays when municipal collection had been suspended. Through labor
negotiations and new labor agreements, these days are no longer holidays for
refuse collection.

ƒ Language was added to Section 4, G-1 to better define curbside location. It is

within five feet of the edge of the cartway and must be visible from the cartway.
The cartway used for the collection can be a public or private street and/or
alleyway. The cartway must be built to a standard that will allow the Township’s
full-sized refuse vehicles to drive upon the cartway and the refuse and recyclables
must be readily visible from the cartway, i.e. it cannot be hidden behind a fence or
hedge.

ƒ Language was added to Section 4, G-2 to better define the rear-yard collection
point.

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 ƒ Language was added to Section 5, H to define the containers as recommended by
staff and includes a single Mini Can container of up to 20 gallon capacity and a
weight limit of 25 pounds, and the one or more containers having a maximum 45
gallon capacity with a weight of less than 50 pounds. The third definition is if
there is a container having a capacity of more than 45 gallons, each increment of
45 gallons counts as one additional container. The waste must be placed in those
large containers (over 45 gallons) in separate, sealed plastic bags weighing no
more than 50 pounds each. This is to allow for the collection of the proper
subscription level without exceeding the weight limits for the individuals
collecting the trash.

ƒ Section 6, I removes the requirement that no more than five containers will be
collected at any one dwelling unit and places no limits on the number of
containers that can be subscribed to except for those dwelling units or property
owners subscribing to the Mini Can. If the Mini Can subscription is chosen, the
dwelling unit will not be permitted to purchase additional can subscriptions.

ƒ Section 7, J removes the fees charged for bulk item pick ups and/or non-
processible waste from Ordinance 82 and places them in Chapter A-167 where
Township fees are generally expressed.

ƒ Section 8, K-1 further clarifies that the fees being imposed for the collection and
disposal of municipal waste from residential dwelling units must be at curbside
and allows the household to subscribe to any number of containers as set forth in
the solid waste fees in Chapter A-167.

ƒ Section 9, K-9 sets forth the parameters for the Senior Citizens Rebate program.

ƒ Section 9, K-10 allows for the establishment of a rear-yard collection waiver of

fee for disabled persons.

ƒ Section 10 sets forth the solid waste fees associated for each subscription level
from the mini can through the rear-yard collection fee.

We will be available to explain and/or discuss these proposed amendments at the Board
of Commissioners meeting scheduled for Wednesday, September 23rd.

Attachment (proposed amended ordinance)

AN ORDINANCE

NO. ___________

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 AN ORDINANCE To Amend The Code Of The Township Of Lower Merion,
Chapters 82 And A167 To Provide That All Municipal Waste Containers
Placed For Collection By The Township Must Be Placed At Curbside Or
Within 5 Feet Of The Edge Of The Cartway Unless The Resident Has
Contracted With The Township For Rear Yard Collection; Providing That The
Township Will Not Collect Municipal Waste From Dwelling Units Located
Over Commercial Establishments; Requiring That An Open Route For
Collection Vehicles Be Provided Where Waste Containers Are Located More
Than 100 Feet From The Street; Removing The Suspension Of Municipal
Waste Collection On Good Friday And Flag Day; Establishing A New Rate
Schedule For The Collection Of Municipal Waste Plus An Annual Fee For
Rear Yard Collection, Except For Certain Disabled Persons; Removing The
Limitation On The Number Of Municipal Waste Containers Which Can Be
Collected From A Dwelling Unit; Establishing Size And Weight Limits For
Municipal Waste Containers; And Increasing The Solid Waste Rebate For
Qualified Senior Citizens From 15% To 20% .

The Board of Commissioners of the Township of Lower Merion hereby ordains:

Section 1. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection B, Eligibility, paragraph (1), Residential dwellings, sub-paragraph (a) thereof,
shall be amended to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services.

*******

B. Eligibility.

(1) Residential dwellings.

(a) The township shall provide for the collection and disposal of
municipal waste generated from all single-family dwellings, all
two-family dwellings and all apartments containing four or fewer
dwelling units except those located above commercial
establishments.

• ******

Section 2. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection D, General regulations, paragraph (7) and (2) thereof, shall be amended to
provide as follows:

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 § 82-13.1. Municipal waste collection and disposal services.

*******

D. General regulations.
*******

(7) Driveways and other means of approach used by township

collectors shall be kept clear of vehicles, equipment or other items
on collection days. If municipal waste containers are located more
than 100 feet from the street, an open route for collection vehicles
to gain access to the area where the containers are located must be
provided.

Section 3. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection F, Holidays, shall be amended to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services.

*******

F. Holidays. Municipal waste collections shall be suspended on the

following holidays: New Year's Day, Martin Luther King, Jr., Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day. The Director of the Public Works Department shall
approve changes to the regular collection schedule due to the suspension
of collection on holidays

Section 4. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection G, Location of municipal waste collection and disposal services, shall be
amended to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services

*******

G. Location of municipal waste for collection.

(1) All municipal waste placed for collection must be in a

container placed at curbside or within 5 feet of the edge of
the cartway, be readily visible from the cartway, and be
within the same location each time it is offered for

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 collection. The point of collection must be adjacent to a
street, alleyway or other cartway kept free of snow or other
obstruction and both constructed and maintained to a
standard that will allow ready access by a full size
Township refuse truck.

(2) If the resident has contracted with the Township for rear
yard collection, or is otherwise entitled to rear yard
collection, the municipal waste container must be centrally
placed outside of a building on the ground in a readily
accessible area. Municipal waste, other than leaf waste,
may be placed near the side or rear house line on the
driveway side of the house, if space and accessibility
permit.

*******

Section 5. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection H, Containers, shall be amended to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services

*******

H. Containers

(6) All other municipal waste shall be placed for collection in

containers sized as follows and subject to the following
weight limits:

(a) A single container having a 20 gallon capacity or

less with a weight limit of 25 pounds; or

(b) One or more containers having a 45 gallon capacity

or less with a weight limit of 50 pounds; and/or

(c) One or more containers each having a capacity of

more than 45 gallons – each increment of 45
gallons counts as one additional container.
Municipal waste placed for collection in a container
having a capacity greater than 45 gallons shall be
placed in individual tightly sealed plastic refuse
bags within each container, each refuse bag
weighing no more than 50 pounds.

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 Section 6. The Code of the Township of Lower Merion, Chapter 82 thereof,
entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection I, Quantity limits, shall be amended to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services

*******
I. Quantity limits.
. There shall be no limit on the number of containers of non-
recyclable or recyclable municipal waste which will be collected
on any one collection day from each dwelling unit. However, only
one subscription at the rate for a 20 gallon or less container may be
sold to a single dwelling unit.

Section 7. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection J, Fees imposed for the disposal of non-processible waste, shall be revised in
its entirety to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services

J. Fees imposed for the disposal of nonprocessible (bulk) waste. Each

person requesting the collection and/or disposal of nonprocessible
waste shall be assessed a disposal fee as set forth in Chapter A167
which shall be due and payable to the Township of Lower Merion
when the request is made.

Section 8. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection K, Location of municipal waste collection and disposal services, paragraph (1)
thereof, shall be amended to provide as follows:

K. Fees imposed for the collection and disposal of solid waste.

(1) Fees imposed for the collection and disposal of municipal

waste. There is hereby imposed a solid waste fee upon the
property owner of record of each residential dwelling unit
provided with or to be provided with township municipal
waste collection and disposal services. The solid waste fee
shall permit collection at curbside of any number of
containers depending on the subscription rate selected and
paid for by the resident. The solid waste fee, subscription

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 rates and fees for rear yard collection, if established, are set
forth in Chapter A167..

*******

Section 9. The Code of the Township of Lower Merion, Chapter 82 thereof,

entitled Garbage and Refuse, § 82-13.1 Municipal waste collection and disposal services,
subsection K, Fees imposed for the collection and disposal of solid waste, paragraph (9)
thereof shall be revised and a new paragraph (10) shall be added, to provide as follows:

§ 82-13.1. Municipal waste collection and disposal services

K. Fees imposed for the disposal of solid waste.

*******

(9) Senior rebate program. Persons 65 years of

age or older as of January 1 of the current year who are
solely responsible under this subsection for payment of a
solid waste fee for a property which they occupy as their
principal residence and whose prior year's annual
household income would qualify them to participate in the
Pharmaceutical Assistance Contract for the Elderly (PACE)
or the Pharmaceutical Assistance Contract for the Elderly
Needs Enhancement Tier (PACENET) programs sponsored
by the Commonwealth of Pennsylvania may, on or before
September 30 of the current year, apply for a rebate with
respect to that payment equal to 20% of the annual solid
waste fee for one 45 gallon container. The rebate will first
be applied to any prior year solid waste fee, including
interest, penalty and costs, then due and owing, and the
balance, if any, will then be remitted to the applicant.

(10) Rear yard collection for disabled persons. If

a resident qualifies as a disabled person and does not live in
a household in which an able bodied person also resides,
the disabled resident may apply for and receive exemption
from the rear yard collection fee. Qualifying persons must
have a physical or mental impairment that substantially
limits their ability to move a municipal waste and/or
recycling container to a curbside collection point. Those
with a temporary disability may apply for and be entitled to
a reduced rear yard collection fee prorated during their
period of disability. The Director of Public Works shall
establish rules and regulations to determine entitlement.

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 Section 10. The Code of the Township of Lower Merion, Chapter A167, Fees,
the fees pertaining to Chapter 82, Garbage and Refuse, shall be amended by adding
thereto an additional fee for rear yard municipal waste collection services, to provide as
follows:

Chapter 82, Garbage and Refuse

*******

Solid waste fees

Annual solid waste fee for a container up to 21 gallons $179.00

Annual solid waste fee for a container of 21 to 45 gallons $271.00

Fee for each additional container up to 45 gallons $33.00

Surcharge for each 45 gallon increment or portion thereof

above the base container size $33.00

Rear Yard Collection (if elected) $200.00

Section 11. Nothing in this Ordinance or in Chapters 82 or A167 of the Code of

the Township of Lower Merion, as hereby amended, shall be construed to affect any suit
or proceedings in any Court, any rights acquired or liability incurred, any permit issued,
or any cause or causes of action existing under the said Chapters 82 or A167 prior to the
adoption of this amendment.

Section 12. The provisions of this Ordinance are severable, and if any section,
sentence, clause, part, or provision thereof shall be held illegal, invalid, or
unconstitutional by any Court of competent jurisdiction, such decision of this court shall
not affect or impair the remaining sections, sentences, clauses, parts or provisions of this
ordinance. It is hereby declared to be the intent of the Board that this ordinance would
have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause,
part, or provision had not been included herein.

Section 13. This Ordinance shall take affect and be in force from and after its
approval as required by law.

Approved by the Board this day of , 2009.

BOARD OF COMMISSIONERS
OF THE
TOWNSHIP OF LOWER MERION

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 ______________________________
Bruce D. Reed, President

ATTEST:

___________________________________
Eileen R. Trainer, Secretary
lm\ord\Chapter 82\Rear Yard Collection
9.15.09

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