Township of East Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 6-10-1991 by Ord. No. 93-91. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 110.
Property maintenance — See Ch. 141.
Sanitation — See Ch. 150.

§ 163-1 Title.

The title of this chapter shall be the "Solid Waste Collection and Recycling Ordinance of East Whiteland Township."

§ 163-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BI-METAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
BOARD
The Board of Supervisors of East Whiteland Township.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by the Township or conducted within the Township and sponsored privately. Said events shall include but are not limited to fairs, bazaars, socials, picnics and organized sporting events.
COMPOST
The end product of composting. It is a dark, partially decomposed material similar to natural organic matter found in the soil.
COMPOSTING
A process involving the microbial decomposition of organic matter.
CORRUGATED PAPER
Cardboard used in shipping containers.
GARBAGE
All table, animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods.
GENERATOR
Any person who generates leaf waste, recyclable materials or solid waste.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
Computer paper and office stationery but shall not include newsprint and corrugated paper.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, e.g., hospitals, schools, nursing homes.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
PERSON
Any resident, 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 this 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.
PLASTIC
Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
RESIDENT
Any person which owns, leases or occupies a property located in the Township and used as a residence.
RESIDENTIAL ESTABLISHMENT
Any occupied single- or multifamily dwelling.
SOLID WASTE
All refuse (garbage and trash) and other discarded solid material normally collected by a solid waste collector. Included shall be grass clippings, but not leaf waste.
SOLID WASTE COLLECTOR
Any person collecting or transporting solid waste, leaf waste and recyclable materials for owners or occupants of property in the Township.
[Amended 6-14-2006 by Ord. No. 183-2006]
TRASH
Nonputrescrible solid waste.

§ 163-3 Mandatory program established.

There is hereby established a program for the mandatory separation by residents of a minimum of three recyclable materials and leaf waste from garbage, trash and debris within the Township of East Whiteland. The recyclables to be collected shall be determined by resolution of the Board. In addition, commercial, institutional and municipal establishments and community activities shall separate the materials described in § 163-4D.

§ 163-4 Separation and placement of recyclables and leaf waste.

A. 
The occupant or owner of a home, apartment or other residential establishment shall separate the required recyclable materials and leaf waste from other solid waste. On collection days, the separated materials and leaf waste shall be placed at the curbside.
B. 
The owner, landlord or agent of a multifamily rental housing property with four or more units shall establish a collection system for recyclable materials and leaf waste for pick up by a solid waste collector. The collection system must include suitable containers, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Condominiums and properties such as townhouse developments that come under the control of homeowners' associations shall also comply with this subsection. In addition, such owner, landlord, agent and homeowners associations shall annually provide written documentation and certification to the Township by January 15 of the following year of the total number of tons of materials by types of material recycled. Such owner, landlord, agent and homeowners associations may comply with the reporting requirements hereunder by requesting their solid waste collector to provide said documentation and certification directly to the Township.
C. 
The occupant or owner of a residential establishment does not have to separate leaf waste for collection if he/she has otherwise provided for its composting.
D. 
Commercial, institutional and municipal establishments and community activities shall separate high grade office paper, aluminum, corrugated paper and leaf waste and any other material deemed appropriate by the Board. These items shall be stored until collection by a solid waste collector. In addition, a commercial, institutional, municipal and community activity solid waste generator must annually provide written documentation and certification to the Township by January 15 of the following year of the total number of tons of materials by types of material recycled. Compliance with the reporting requirement will be met if the solid waste collector provides the said documentation and certification directly to the Township. Recyclable materials separated by commercial, institutional and municipal establishments and by community activities may be collected by a person other than a solid waste collector provided that the recyclables are taken to a processing and/or marketing facility. Said person must obtain a license from the Township and comply with all applicable provisions of § 163-9, including the payment of the required fee.
[Added 10-14-1991]
E. 
Collection of recyclable materials shall be made at a minimum of one time every other week on the same day as a regularly scheduled solid waste collection. All customers shall place their recyclable materials in reusable container(s) provided the solid waste collector.
F. 
Leaf waste, with the exception of that being composted by a residential property owner or occupant, shall be collected monthly by the solid waste collector. The leaf waste shall be in biodegradable bags.
[Amended 8-12-2015 by Ord. No. 270-2015]
G. 
Collection of leaf waste shall be permitted by a person other than a solid waste collector provided that the leaf waste is removed directly from the property and not placed at the curb. Such waste must be disposed of by composting.
H. 
Tree trimmings, hedge clippings and similar material shall be cut not to exceed three feet and must be tied in bundles that can be easily handled by one person.
I. 
Prohibitions.
(1) 
No person shall place solid waste in containers used for the separation and collection of recyclable materials.
(2) 
No person shall place designated recyclable materials in containers used for the separation and collection of solid waste.

§ 163-5 Preparation of garbage and trash for collection.

A. 
Garbage and trash may be placed in the same container.
B. 
Preparation of garbage and trash.
(1) 
All garbage, before being placed in containers for collection, shall have drained from it all free liquids.
(2) 
All trash shall be drained of liquid before being deposited for collection.
(3) 
Trash and garbage shall be placed in metal or heavy-duty plastic containers, secured by a lid. Said containers may be lined with a plastic bag.

§ 163-6 Containers for garbage and trash.

A. 
With the exception of toters on wheels, residential containers shall not have a capacity of more than 30 gallons.
B. 
All containers shall be kept as sanitary as possible and shall be thoroughly cleansed by the occupant of the premises after its contents are removed by the collector.
C. 
All containers shall be maintained in good condition. Any container that has ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be replaced.
D. 
Containers shall be placed for collection at ground level on the property, not within the cartway of the street but accessible to and not more than five feet from the street from which collection is made. Back door collection is acceptable if agreed upon between the collector and the generator.
E. 
All containers shall be supplied by the occupant or owner of the premises with the exception of toters on wheels.

§ 163-7 Collection of garbage and trash.

A. 
Frequency of collection. Garbage and trash shall be collected at least once each week. The actual number and dates of collection days shall be determined by direct contact between the generator and the solid waste collector.
B. 
No containers shall be set out for collection prior to 6:00 p.m. of the day preceding collection, and no containers shall remain out after 5:00 p.m. on the day following collection.

§ 163-8 Large items.

Large items, such as furniture, rugs and mattresses, and white goods, such as refrigerators, stoves and washers, shall be collected by a solid waste collector.

§ 163-9 Solid waste collectors.

[Amended 6-14-2006 by Ord. No. 183-2006]
A. 
Required services. Each solid waste collector that operates within the Township must provide a service that includes the collection, transportation and disposal of solid waste, leaf waste and recyclable materials. The solid waste collector's program for the collection and transportation of recyclable materials and leaf waste shall, at a minimum, comply with the following:
(1) 
Establish procedures for the separation, storage and collection of recyclable materials and provide residents and persons served adequate notification of the procedures. Also provide recycling containers and inform the generators whether or not the recyclables should be co-mixed.
(2) 
Establish procedures for the separation, storage and collection of leaf waste and provide residents and persons served adequate notification of the procedures.
(3) 
Issue warning notices of violations on forms provided by the Township to residents and persons served failing to comply with procedures for the separation, storage and collection of recyclable materials and leaf waste, and provide a copy of any such warning to the Township.
(4) 
Provide quarterly written documentation and certification to the Township of the total number of tons of materials by the types of material recycled and the place of disposition where materials are recycled. Reports shall be filed 15 days following the close of a calendar quarter.
B. 
Prohibited conduct. It shall be unlawful and a violation of this chapter for any solid waste collector to:
(1) 
Collect or transport any solid waste, recyclable materials, or leaf waste from any resident failing to source-separate said materials in violation of this chapter and regulations adopted thereunder.
(2) 
Commingle any designated separated recyclable materials or leaf waste collected within the Township with any solid waste.
(3) 
Fail to provide for the proper disposition of any solid waste, recyclable materials or leaf waste collected or transported within the Township.
(4) 
Load or operate any vehicle within the Township or transport solid waste, recyclable materials or leaf waste within the Township in such a manner as to allow solid waste, recyclable materials or leaf waste to fall upon the roads in the Township.
(5) 
Fail to replace the containers with their lids or covers in place after collection in an orderly manner.

§ 163-10 Authority of Board of Supervisors; rules and regulations.

The collection and disposal of garbage, trash, leaf waste and recyclables in the Township shall be under the supervision of the Board, which shall have the authority to promulgate rules and regulations by resolution. Any rules and regulations adopted by resolution shall have the same force and effect as the provisions of this chapter.

§ 163-11 Effect on existing recycling operations and contracts.

This chapter shall not invalidate the terms of contracts executed prior to its effective date. Any new contracts or contract renewals must be consistent with this chapter's provisions. In addition, any recycling operation in existence on the effective date of Act 101 of 1988[1] may continue if it is not contrary to the Act or this chapter, and is otherwise in full compliance with all other applicable state and local laws and ordinances.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 163-12 Public notice.

Every six months after the initiation of the recycling program, the Township shall notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this chapter. The Board shall have the discretion to determine the form of public notice. The inclusion of a notice in the Township newsletter, which is mailed to property owners, shall be considered a means of complying with this section.

§ 163-13 Collection by unauthorized persons.

From the time of placement at the curb by anyone of the materials described herein for collection, said items shall become the property of the solid waste collector. It shall be a violation of this chapter for any person unauthorized by the Township to handle, take, remove, collect or pick up or cause to be collected or picked up, any such items set out for collection.

§ 163-14 Reports.

Written documentation and certification concerning the total number of tons of materials and the types of materials recycled shall be filed with the Township in accordance with § 163-4B and D and § 163-9C(4).

§ 163-15 Violations and penalties.

[Amended 7-2-1996 by Ord. No. 111-96]
Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine for each such violation in an amount not less than $100 and not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township. No judgment shall be imposed until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.