This chapter shall be known as the "Upper Uwchlan Township Municipal
Waste Collection and Recycling Ordinance."
The following terms shall have the following meanings in this
chapter:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act adopted by the State of Pennsylvania in 1988.
ALUMINUM
Refers to used cans comprised of 100% aluminum.
ASHES
All residue from coal, wood or other fuel consumption (cooled
to ambient temperature).
BULK ITEMS
Hot-water heaters, sofas, tire rims, and other bulk items;
also includes freon-containing bulk items such as refrigerators, freezers,
air conditioners, etc.
COLLECTION DAY
Day or day(s) of the week that Upper Uwchlan Township informs
the residents that municipal waste or recyclables are to be picked
up.
COMMERCIAL PROPERTY/ESTABLISHMENT
All properties for industrial or commercial purposes. For
purposes of this chapter, multiple-dwelling residential buildings
containing more than four dwelling units shall be treated as commercial
properties. This shall include residential units over storefront commercial
business.
CONSTRUCTION DEBRIS
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in
rigid, parallel furrows and ridges.
DISPOSAL FACILITY
A facility which processes or acts upon solid waste so as
to dispose of the material, such as a composting facility, an incinerator,
a resource recovery plant, a waste-to-energy facility or a sanitary
landfill.
GLASS, CLEAR AND COLORED
Empty bottles, jars, and food or beverage containers made
of green, brown or other colored glass.
HAZARDOUS WASTE
Any waste which consists in any part of a chemical compound
mixture substance or article designated by a federal agency, including
the United States Environmental Protection Agency, commonwealth, county
or Township agency to be "hazardous," "toxic" or "dangerous" as those
terms are defined by or pursuant to federal, state, county or local
law.
HIGH-GRADE OFFICE PAPER
Any bond, copier, or letterhead paper typically sold as "white
ledger" paper; and computer paper.
HOMEOWNER-OWNED WASTE CANS
Waste cans purchased by and intended for homeowner use — usually
20 to 96 gallons in capacity. These cans are to be used for the disposal
of residential leaf and yard waste.
LEAF AND YARD WASTE
Leaves, garden residues, shrubbery, tree trimmings, grass
clippings and similar material.
METAL CONTAINERS
Empty food or aerosol cans or beverage containers consisting
of ferrous sides and bottom and an aluminum top.
MIXED PAPER
Newspaper, office paper, bulk mail, magazines, box board,
phone books, paper bags, cardboard and paperback books.
MUNICIPAL PROPERTY/ESTABLISHMENT
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
MUNICIPAL RECYCLING PROGRAM
Those materials specified by Upper Uwchlan Township to be
recycled. The list of items may be amended from time to time and may
include items placed at the curb, left at a drop-off or compost facility,
and separated and collected at institutional and commercial facilities
and community events.
MUNICIPAL SOLID WASTE (MSW)
Any garbage, refuse, and other material, including solid,
liquid, semisolid or contained gaseous material, resulting from the
operation of a dwelling unit not meeting the definition of residual
or hazardous waste in the Solid Waste Management Act. The term does not include source separate recyclable materials.
NEWSPAPER
Paper of the type commonly referred to as newsprint and distributed
at stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters
of public interest.
PERSON
Every natural person, firm, corporation, partnership, association
or institution.
PLASTIC
Empty food or beverage containers consisting of plastics
with the recycling symbol (Nos. 1 through 7) on the bottom, excluding
Styrofoam.
RESIDENTIAL PROPERTY/ESTABLISHMENT
Occupied single-family or multifamily dwellings having four
or fewer units per structure. Condominiums, townhouses, and like dwellings
having a separate entrance for each unit onto a public or approved
private street and which have individual facilities for each unit
for municipal waste collection are included in this category.
RECYCLABLE MATERIALS
Those materials which may be processed or prefabricated for
reuse and which are specified by the Township for separation from
the regular solid waste. Such materials may include, but not be limited
to, aluminum products, ferrous containers, metal containers, clean
corrugated cardboard, glass containers, newspapers, magazines and
periodicals, bulk mail, box board, phone books and plastic containers
which must have a recycling symbol of No. 1 through No. 7 on the bottom,
excluding Styrofoam.
REFUSE
Garbage, ashes, trash and rubbish.
SINGLE-STREAM RECYCLING
The act of comingling all source-separated recyclable materials
in a single recycling container for collection by the Township pursuant
to this chapter. The Township shall have the right to include additional
materials for recycling in a single stream upon notice to the Township
residents.
There is hereby established a program for the mandatory separation
and collection of recyclable materials and leaf and yard waste within
Upper Uwchlan Township, Chester County, Pennsylvania. No person shall
store, collect, transport or dispose of designated recyclable materials
or leaf and yard waste within Upper 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.
All persons occupying commercial, institutional and municipal
establishments within Upper Uwchlan Township shall separate high-grade
office paper, aluminum, corrugated paper, leaf and yard waste, mixed
paper, glass, steel cans, plastics and such other recyclable materials
as may be changed from time to time by resolution of the Board of
Supervisors of Upper Uwchlan Township, generated at such establishments
and from community activities; store the materials until collection
by a licensed municipal waste collector; and quarterly provide written
documentation and certification to Upper Uwchlan Township of the 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. The Recycling Coordinator
or the Code Enforcement Officer has the right to inspect all commercial,
institutional and municipal recycling for compliance with this chapter.
Nothing in this chapter or any regulation promulgated pursuant
hereto shall be deemed to impair the ownership of recyclable materials
by the persons who generated them unless and until recyclable materials
are placed at curbside or similar location for collection by the municipal
waste contractor.
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 this 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 this 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.
All municipal waste generated in Upper 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 Upper 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.
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.