Township of Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Uwchlan 12-13-1993 by Ord. No. 93-11; amended in its entirety 12-9-1996 by Ord. No. 96-18. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 166.

§ 205-1 Title.

This chapter shall be known as and be cited as the "Uwchlan Township Municipal Waste Collection and Recycling Ordinance."

§ 205-2 Definitions.

The following terms shall have the following meanings in this chapter:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq.
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
BULK WASTE
Large items such as furniture, rugs, mattresses, television sets, washers, dryers, refrigerators, stoves, hot water heaters, bicycles and other like items. Bulk waste shall not include construction material, concrete, automotive parts, cans of wet paint or leaf waste.
BURNING
The act of consuming by fire; to flame, char, scorch, or blaze. As used in this chapter, "smoldering" shall have the same meaning as "burning" and any smoldering shall be deemed a burning.
[Added 10-22-2001 by Ord. No. 2001-19]
LEAF WASTE
Leaves.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid or gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in 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 source-separated recyclable materials.
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials from owners or occupants of property in Uwchlan Township, and any business or institution within Uwchlan Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste or recyclable materials. All municipal waste collectors, as defined herein, shall be licensed pursuant to the provisions of this chapter.
MUNICIPAL WASTE CONTRACTOR
The contractor of Uwchlan Township pursuant to § 304(c) of Act 101 to carry out its duties for recycling, transportation, collection and storage of municipal waste and source-separated recyclable materials in a manner that is consistent with Act 97 and Act 101, and the regulations promulgated pursuant thereto. Any such person shall be jointly and severally responsible with the Township when carrying out its duties for transportation, collection or storage activity.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
[Added 10-22-2001 by Ord. No. 2001-19]
PERSON
Any individual, partnership, association, corporation, institution, cooperative enterprise, trust, municipal authority, federal government or agency, Commonwealth institution or agency, or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. In any provision of the chapter prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or any other legal entity having officers and directors.
RECYCLABLE MATERIALS
Those materials specified by Uwchlan Township for collection in accordance with this chapter and recycling regulations which may be promulgated from time to time. Such material may include, but shall not be limited to, aluminum and bimetal cans, clear and colored glass containers, plastics, mixed paper and newspaper. The list of recyclable materials may be changed from time to time by resolution of the Board of Supervisors of Uwchlan Township.
RESIDENCE
Any occupied single or multifamily structure having up to and including four dwelling units per structure, or each dwelling unit in a multifamily structure, if the units are individually owned, with a separate entrance onto a public or approved private street.
RESIDENT
Any person who owns, leases or occupies a property located in Uwchlan Township used as a residence.
SOURCE-SEPARATION
The separation of recyclable materials from municipal waste at the points of origin for the purpose of recycling.
YARD WASTE
Garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.

§ 205-3 Separation program established.

There is hereby established a program for the mandatory source separation and collection of recyclable materials and leaf waste within Uwchlan Township, Chester County, Pennsylvania. No person shall store, collect, transport or dispose of recyclable materials or leaf waste within Uwchlan Township except in accordance with this chapter. The use of a municipal waste collector will not relieve any person from compliance with this chapter.

§ 205-4 Recycling.

A. 
Recyclable materials. All recyclable materials shall be separated from all municipal waste generated within Uwchlan Township. When placed at the curb for collection in accordance with the provisions of this chapter, recyclable materials shall be placed in reusable containers which clearly identify the contents as recyclables, or otherwise in accordance with the rules and regulations adopted hereunder.
B. 
Leaf waste. All leaf waste shall be separated from all municipal waste generated within Uwchlan Township. When placed at the curb for collection in accordance with the provisions of this chapter, leaf waste shall be placed in paper biodegradable bags, or otherwise in accordance with the rules and regulations adopted hereunder. Any person who otherwise provides for the proper disposal of leaf waste by composting shall not be required to comply with the provisions of the subsection.
C. 
Yard waste. All yard waste shall be separated from all municipal waste generated within Uwchlan Township. When placed at the curb for collection in accordance with the provisions of this chapter, yard waste shall be placed in paper biodegradable bags, or otherwise in accordance with the rules and regulations adopted hereunder. Any person who otherwise provides for the proper disposal of yard waste by composting shall not be required to comply with the provisions of the subsection.
D. 
Residential collection. The collection of recyclable materials from all residences within the Township shall be made by the municipal waste contractor at a minimum of once per week. Leaf and yard waste shall be collected from such residences by the municipal waste contractor in accordance with the rules and regulations adopted hereunder.
E. 
Multifamily rental residential properties. An owner, landlord or agent of an owner or landlord of multifamily rental housing properties with four or more units may comply with their responsibilities under this chapter by establishing a collection system for recyclable materials at each property and pickup by a licensed municipal waste collector. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords, and agents shall annually provide written documentation and certification to the Township of the total number of tons of materials and the types of materials recycled. Such owners, landlords, and agents shall annually provide written documentation and certification to the Township of the total number of tons of materials and the types of materials recycled. Such owners, landlords, and agents may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township. Owners, landlords, and agents of owners or landlords who comply with this chapter under this subsection shall not be liable for the noncompliance of occupants of their buildings.

§ 205-5 Commercial, institutional and municipal recycling.

All persons occupying commercial, institutional and municipal establishments within Uwchlan Township shall separate high-grade office paper, aluminum, corrugated paper, leaf waste, and such other recyclable materials as may be changed from time to time by resolution of the Board of Supervisors of Uwchlan Township generated at such establishments and from community activities, store the materials until collection by a licensed municipal waste collector, and annually provide written documentation and certification to Uwchlan Township of a total number of tons of materials and the types of materials recycled. Such persons may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township.

§ 205-6 Impairment of ownership.

Nothing in this chapter or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of recyclable materials by the person who generated them unless and until recyclable materials are placed at curbside or similar location for collection by the municipal waste contractor.

§ 205-7 Scavenging prohibited.

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

§ 205-8 Municipal waste storage, collection and disposal.

All municipal waste generated in Uwchlan Township, Chester County, Pennsylvania, shall be stored, collected, transported and disposed of in accordance with this chapter. No person shall store, collect, transport and dispose of municipal waste within Uwchlan Township except in accordance with this chapter. The use of a municipal waste collector will not relieve any person from compliance with this chapter.

§ 205-9 Residential collection and disposal.

A. 
All municipal waste generated at residences throughout the Township shall be collected by the municipal waste contractor. The residents of townhouse properties acting by and through a duly constituted homeowners' association may be exempted by the Board of Supervisors from the requirements of this subsection regarding the collection of municipal waste by the municipal waste contractor upon written application to the Board of Supervisors. Any such approval shall be subject to the following.
(1) 
On the effective date of this chapter, said homeowners' association must have complied with all of the following requirements:
(a) 
The homeowners' association must have a valid existing, written contract with a municipal waste collector for collection services. A copy of the contract must be submitted with the application.
(b) 
The homeowners' association must in fact provide such collection services to its residents.
(c) 
The homeowners' association must in fact pay the contractor directly for such services from assessments to each individual resident.
(2) 
The municipal waste collector must duly obtain a municipal waste collector's license from the County of Chester and must remain in full compliance with the terms and conditions of the license and this chapter.
(3) 
The homeowners' association must establish and enforce a collection system for recyclable materials and leaf waste at each residence in accordance with § 205-4 of this chapter, including pickup by the licensed municipal waste collector.
(4) 
The homeowners' association must yearly provide written documentation and certification to the Township of the total number of tons of materials and the types of materials recycled.
B. 
Collection of municipal waste shall be made by the municipal waste contractor at a minimum of once per week or at such frequency as shall be set forth in the rules and regulations adopted hereunder.
C. 
When placed at the curb for collection, municipal waste shall be stored in closed watertight containers. The maximum number of containers authorized for placement at the curb for each collection day and the maximum capacity of each container shall be in accordance with the rules and regulations adopted hereunder.

§ 205-10 Residential fees and charges.

A. 
The fee for collection of municipal waste and recyclable materials for a residential property as provided for in this chapter shall be as from time to time established by resolution of the Board of Supervisors or in accordance with any contract between the Township and a successful bidder for the collection/hauling/recycling services for residential properties, as the case may be. Such collection fees, together with any Township administrative fees to be established from time to time by the Board of Supervisors, shall be charged directly to the property owner, who shall promptly pay the same in accordance with the terms of the statement.
B. 
Fees shall be billed quarterly to the owner of each residence by the Township. The bills for regular collection for the quarterly period during which the property is first provided collection services will be prorated on the basis of the applicable rate. All bills shall be due and payable on their respective dates.

§ 205-11 Penalties for late fees and liens for delinquent accounts.

A. 
Penalties, interest, costs, and attorneys' fees for delinquent accounts.
[Amended 4-12-2004 by Ord. No. 2004-04]
(1) 
All collection service charges not paid in full by the due date shall be deemed to be delinquent. A penalty of 10% of the amount of the collection service charge shall be added to the charge if not paid by the due date.
(2) 
The amount of the collection service charge and penalty shall bear interest from the due date at the rate of 10% per annum until paid.
(3) 
Collection procedures shall be commenced for all accounts delinquent over three months or exceeding $500. The Township shall charge an administrative fee as set from time to time by resolution of the Board of Supervisors for starting collection procedures, which shall be added as costs to the amount of the delinquent account.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
The Township may terminate collection service to any property where the payment of collection service charges has not been paid by the due date. Collection service shall not be restored until all delinquent charges, penalties, costs, interest, attorneys' fees, and the cost of shutting off and restoring service have been paid in full.
(5) 
The penalties, interest, costs and charges set forth above shall be in addition to all other legal and equitable remedies available to the Township to collect delinquent accounts, including but not limited to municipal lien and assumpsit remedies. The amounts of the penalties, interest, costs and charges set forth above may be changed from time to time by resolution of the Township Board of Supervisors.
(6) 
All collection service charges not paid by the due date, and all penalties, interest, costs, charges and attorneys' fees thereon, shall be a lien against the delinquent property and shall be filed as a lien in the Office of the Prothonotary of Chester County and shall be collected in the manner provided by law for filing and collection of such liens.
(7) 
The delinquent account holder shall also be responsible for all legal fees incurred by the Township in collecting the account in accordance with a schedule enacted from time to time by Township ordinance.
(8) 
All liens for delinquent accounts filed as of the effective date of this chapter shall be amended to include interest at the statutory rate of 10% per annum beginning on the date of the delinquency until paid.
B. 
All persons receiving collection services by the municipal waste contractor shall provide the Township their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face value.
C. 
The Township shall have the right to cut off collection services from the delinquent premises and not to restore the same until all delinquent bills against the same and the cost of discontinuing and restoring service shall have been paid. These penalties shall be concurrent with all other remedies, legal and equitable, available to the Township for collection of said fees, including, but not limited to, municipal lien and assumpsit remedies.

§ 205-12 General prohibitions.

A. 
No person shall place municipal waste in containers used for the collection of recyclable materials.
B. 
No person shall place designated recyclable materials in containers used for the collection of municipal waste.
C. 
No person shall store municipal waste outside of an enclosed building in other than closed watertight containers.
D. 
No person shall place containers for municipal waste or recyclable materials at the curb or in the front yard of any lot, except during the period beginning at 6:00 p.m., prevailing time, on the day prior to the scheduled collection and ending at midnight on the day of the scheduled collection. Front yard shall mean the area between the street line and the first building on the lot.
E. 
No person other than the occupants of the property on which containers for municipal waste are stored or the authorized municipal waste contractor or collector, as the case may be, shall remove the covers of, or any of the contents of, the containers.
F. 
No person shall place, store, collect, transport or dispose of municipal waste generated at his or her residence in any container for municipal waste located at a different property than the residence where the municipal waste was first generated.
G. 
No person shall allow or permit any municipal waste to collect or remain upon any property. Any unauthorized accumulation of municipal waste on any property is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of municipal waste within five days after the effective date of this chapter shall be deemed a violation of this chapter.
H. 
No municipal waste or recyclable materials shall be deposited on highways, streets, alleyways, sidewalks, vacant lots, or public grounds nor be thrown into any culvert, storm sewer, drainage system, stream or other body of water.
I. 
No person may permit the open burning of recyclable materials or leaf waste.
[Added 10-22-2001 by Ord. No. 2001-19]

§ 205-13 Municipal waste collectors requirements.

A. 
General provision. It shall be unlawful for any municipal waste collector to collect and transport municipal waste or recyclable materials within Uwchlan Township without a license first had and obtained from the County of Chester. As a condition of this chapter, the municipal waste collector shall provide for the collection of recyclable materials, leaf waste and yard waste, including written quarterly reports to the Township of the materials recycled.
B. 
License requirement. All municipal waste collectors shall obtain a license therefor on application to the County of Chester. Said municipal waste collector may collect or transport such municipal waste or recyclable materials within the Township for a period of one year from the date of issuance of the license or until January 31 of each calendar year. Any municipal waste collector to whom a license is so issued shall have the privilege of collecting and transporting any municipal waste or recyclable materials picked up within the boundaries of Uwchlan Township, in strict conformance with this chapter.
C. 
Collection of recyclable materials, leaf and yard waste.
(1) 
Except as provided hereinbelow, and as a condition to collect in Uwchlan Township, the municipal waste collector shall establish a program for the collection and transportation of recyclable materials, leaf and yard waste, which shall at minimum comply with the following:
(a) 
Provide for the collection of designated recyclable materials from each multifamily rental property, commercial, institutional and municipal establishment, and community activity served, and provide to such customers reusable containers for the storage and collection of recyclable materials.
(b) 
Establish procedures for the storage and collection of recyclable materials, and provide persons served adequate notification of the procedures.
(c) 
Provide for the collection of leaf waste and yard waste.
(d) 
Establish procedures for the separation, storage and collection of leaf and yard waste, and provide persons served adequate notification of the procedures.
(e) 
Issue warning notices of violations on forms provided by the Township to persons served failing to comply with procedures for the storage and collection of recyclable materials and leaf waste, and provide a copy of any such warning to the Township.
(f) 
Provide quarterly written documentation and certification to the Township of the total number of tons of materials, the types of materials, the place of disposition of materials recycled, and the properties in the Township from which the materials were collected. Reports shall be filed 15 days following the close of a calendar quarter.
(2) 
A municipal waste collector who only collects or transports recyclable materials in Uwchlan Township shall not be required to comply with Subsection C(1)(c) and (d) above regarding the collection of leaf waste.
D. 
Prohibitions. It shall be unlawful and a violation of this chapter for any municipal waste collector to:
(1) 
Collect or transport any municipal waste, recyclable materials, leaf waste or yard waste from any person failing to source-separate said materials in violation of this chapter and regulations adopted hereunder.
(2) 
Collect or transport any municipal waste, recyclable materials, leaf waste or yard waste from any residence served by the municipal waste contractor in violation of this chapter and regulations adopted hereunder.
(3) 
Co-mingle any designated recyclable material, leaf waste or yard waste collected within the Township with any municipal waste.
(4) 
Fail to provide for the proper disposition of any municipal waste, recyclable materials, leaf waste or yard waste collected or transported within the Township.
(5) 
Commence the collection of municipal waste, recyclable materials, leaf waste or yard waste from any property within Uwchlan Township prior to 6:00 a.m.
(6) 
Load or operate any vehicle within the Township or transport municipal waste, recyclable materials, leaf waste or yard waste within the Township in such a manner as to allow municipal waste, recyclable materials, leaf waste or yard waste to fall upon the public roads or upon land abutting the public roads in the Township.
(7) 
Fail to replace the containers with their lids or covers in place at the location of collection in an orderly manner.
(8) 
Otherwise create a public nuisance.
E. 
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste shall be of the closed metal body type with an automatic compactor unit. The said vehicle shall have and display a valid Pennsylvania vehicle registration sticker and at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations for the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquids or fluids. Other types of vehicles may be used only for the collection of recyclable materials, leaf waste, bulk waste, yard waste and Christmas trees, provided such items are separately collected in accordance with other provisions of this chapter and regulations adopted hereunder. The municipal 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 an clean and sanitary condition.
F. 
Exhibiting license. Each licensee shall at all times while in the process of collecting or transporting said municipal waste or recyclables have and display in a proper manner a valid motor vehicle registration sticker and have the license, or a copy thereof, issued by the Chester County Commissioners within the vehicle being employed in said collection or transportation and shall exhibit the same on demand to the Codes Enforcement Officer or his/her designee or to any police officer of the Township.
G. 
Compliance. The municipal waste/recycling hauler shall at all times comply with all the provision of this chapter and the regulations adopted hereunder, including but not limited to the recycling and reporting requirements set forth in § 205-13E of this chapter, all other applicable ordinances and regulations of the Township, Act 97, Act 101 and any other applicable state, federal or local provision of law.
H. 
Grant, suspension or revocation of collection privileges. The Board of Supervisors of Uwchlan Township shall have the right to refuse to allow a hauler to operate in Uwchlan Township if said municipal waste collector, his or its agents, servants or employees fail to comply with any provision of this chapter and the regulations adopted hereunder, and all other applicable ordinances and regulation of the Township, Act 97, Act 101 and any other applicable state, federal or local provision of law.

§ 205-14 Rules and regulations.

The collection of municipal waste and recyclable materials by any municipal waste collector, including but not limited to the municipal waste contractor, and the preparation for collection of municipal waste and recyclable materials by persons, property owners and residents of the Township shall be made in compliance with the regulations to be adopted by the Board of Supervisors of Uwchlan Township to carry out the intent and purpose of the Board of Supervisors and, when so approved, shall have the same force and effect as the provisions of this chapter. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.

§ 205-15 Enforcement.

A. 
Unlawful conduct; public nuisance. It shall be unlawful and a public nuisance for any person to violate, cause to assist in the violation of any provision of this chapter, or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Supervisors pursuant to this chapter.
B. 
Penalties. Any person who violates or permits the violation of any provisions of this chapter or of the regulations adopted hereunder, or any person who engages in unlawful conduct as defined in this chapter, shall be subject to a fine in an amount not to exceed $1,000, plus all court costs, including reasonable attorneys' fees, incurred by the Township. Each twenty-four period that a violation of this chapter continues shall constitute a separate offense punishable by a like fine or penalty. Upon a finding of liability for committing said violation, in a civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, plus all court costs, including attorneys' fees. No judgment shall be imposed until the date of determination of a violation by a Magisterial District Judge. If the defendant neither pays nor timely appeals the judgement, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Injunction. In addition to any other remedy provided in this chapter, Uwchlan Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or any rules, regulations or resolution promulgated or issued by the Board of Supervisors pursuant to this chapter.
D. 
Concurrent remedies. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this chapter or provided at law or equity.

§ 205-16 Construction.

The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the goals and purposes hereof. This chapter shall be construed in pari materia with Act 97, Act 101 and the rules and regulations adopted thereunder.