Township of Upper 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 Upper Uwchlan 7-15-1991 by Ord. No. 91-04; amended in its entirety 1-18-2011 by Ord. No. 2011-4. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Outdoor burning — See Ch. 64.
Hazardous materials — See Ch. 88.
Junkyards and junk dealers — See Ch. 94.

§ 148-1 Title.

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

§ 148-2 Definitions.

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.[1]
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.
FREON-CONTAINING ITEMS
Refrigerators, freezers, air conditioners, etc.
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.
INSTITUTIONAL PROPERTY/ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
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.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 148-3 Separation program established.

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.

§ 148-4 Recycling.

A. 
Recyclable materials. All recyclable materials shall be separated from all municipal waste generated within Upper Uwchlan Township. When placed at the curb for collection in accordance with the provisions of this chapter, recyclable materials shall be placed in separate, reusable containers which clearly identify the contents as recyclables, or otherwise in accordance with the rules and regulations adopted hereunder.
B. 
Leaf and yard waste. All leaf and yard waste shall be separated from all municipal waste generated within Upper Uwchlan Township. When placed at the curb for collection in accordance with the provisions of this chapter, leaf and yard waste shall be placed in biodegradable paper bags, homeowner-owned waste cans, or otherwise in accordance with the rules and regulations adopted hereunder. Any person who otherwise provides for the proper disposal of leaf and yard waste by composting shall not be required to comply with the provisions of this subsection.
C. 
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.
D. 
Multifamily rental residential properties. An owner, landlord or agent of an owner or landlord of multifamily rental housing properties or homeowners association with four or more units must 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 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 must 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.

§ 148-5 Commercial, institutional and municipal recycling.

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.

§ 148-6 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 persons who generated them unless and until recyclable materials are placed at curbside or similar location for collection by the municipal waste contractor.

§ 148-7 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 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.

§ 148-8 Municipal waste storage, collection and disposal.

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.

§ 148-9 Residential collection and disposal.

A. 
All municipal waste generated at a residential property establishment, as defined herein, throughout the Township shall be collected by the municipal waste contractor.
(1) 
With respect to residential establishments with four or more units, the owner or homeowners association shall comply by establishing a collection system at its sole cost and expense. The collection system must include suitable containers for the sorting and separation of the recyclable materials in easily accessible locations. The owner must provide written instructions to the occupants of such units stating the materials to be recycled, how the materials are to be prepared, and how to use the collection system. The owner must provide for collection of the recyclable materials at least twice per month.
(2) 
The homeowners association must establish and enforce a collection system for recyclable materials and leaf waste at each residence in accordance with § 148-4, including pick up by the licensed municipal waste collector.
(3) 
The homeowners association must quarterly 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.

§ 148-10 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 annually to the owner of each residence by the municipality. The bills for regular collection 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.

§ 148-11 Penalties for late fees and liens for delinquent accounts.

A. 
All collection service charges billed and unpaid on their respective due dates shall incur a ten-percent penalty on the account balance served by the Township until paid. All fees not paid within three months following the month in which the bills were due and payable shall be deemed to be delinquent and shall be subject to interest charges in the amount of 1% per month of the unpaid balance thereof until paid. It shall be the duty of the Township during or after the third month following the month in which the bills were due and payable to proceed to collect such delinquent fees, together with penalties, interest and costs accrued thereon either by action of law or by filing a lien or liens for the same in the Office of the Prothonotary of the Court of Common Pleas of Chester County, Pennsylvania, and such liens, together with penalties, interest and costs accrued thereon shall be filed and collected in accordance with law. In addition to the penalties and interest, the delinquent property owner shall be responsible for payment of all reasonable attorney's fees and court costs involved in the collection of the delinquent account.
[Amended 5-21-2012 by Ord. No. 2012-02]
(1) 
This chapter is adopted pursuant to the Pennsylvania Municipal Lien Law[1] so that all delinquent fees, penalties and charges thereon, including reasonable attorney's fees and court costs incurred in the collection process, may be collected by appropriate legal action, including a lien against the property or any other manner and by any other proceeding otherwise provided by law.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
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.

§ 148-12 General prohibitions.

A. 
No person shall place municipal waste in containers used for the separation and 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 12:00 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 their 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 (5) 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.

§ 148-13 Municipal waste collectors requirements.

A. 
The approved disposal site where municipal waste will be taken shall be as provided in the Chester County Solid Waste Management Plan.
B. 
The processing, transfer and/or marketing facility where the recyclable materials will be taken shall be as determined by the Township.
C. 
Collection of recyclable materials and leaf and yard waste. Except as provided herein below, as a condition to issuance and continued effectiveness of any license, the municipal waste collector shall establish a program for the collection and transportation of recyclable materials and leaf and yard waste, which shall at minimum comply with the following:
(1) 
Provide for the collection of separated designated recyclable materials from each property.
(2) 
Establish procedures for the separation, storage and collection of recyclable materials, and provide persons served adequate notification of the procedures.
(3) 
Provide for the collection of leaf and yard waste as directed by the Township.
(4) 
Establish procedures for the separation, storage and collection of leaf and yard waste, and provide persons served adequate notification of the procedures.
(5) 
Issue warning notices on forms provided by the Township to persons failing to comply with procedures for the separation, storage and collection of recyclable materials and leaf and yard waste, and provide a copy of any such warning to the Township.
(6) 
For residential property collection, provide monthly 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 number of properties in the Township from which the materials were collected. For commercial, institutional, or industrial property collection, 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/establishments in the Township from which the materials were collected. Reports shall be filed 15 days following the close of a calendar quarter.
(7) 
A municipal waste collector who only collects or transports recyclable materials in Upper Uwchlan Township shall not be required to comply with Subsections (3) and (4) above regarding the collection of leaf and yard waste.
D. 
Prohibitions. It shall be unlawful and a violation of this chapter, and grounds for the suspension of a municipal waste collector, to:
(1) 
Collect or transport any municipal waste, recyclable materials, or leaf and 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, or leaf and yard waste from any residence served by the municipal waste contractor in violation of this chapter and regulations adopted hereunder.
(3) 
Commingle any designated separated recyclable materials or leaf and yard waste collected within the Township with any municipal waste.
(4) 
Fail to provide for the proper disposition of any municipal waste, recyclable materials or leaf and yard waste collected or transported within the Township.
(5) 
Commence the collection of municipal waste, recyclable materials, or leaf and yard waste, from any property within Upper Uwchlan Township prior to 6:00 a.m.
(6) 
Load or operate any vehicle within the Township or transport municipal waste, recyclable materials or leaf and yard waste within the Township in such a manner as to allow municipal waste, recyclable materials or leaf and 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. 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 of 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 and yard waste, bulk 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 a clean and sanitary condition.

§ 148-14 Rules and regulations.

A. 
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 Upper Uwchlan Township to carry out the intent and purpose of this chapter. Such rules and regulations shall be approved by resolution of the Board of Supervisors and, when so approved, shall have the same force and effect as the provisions of this chapter. Said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.
B. 
The Township has provided to each residential property owner who qualifies to have municipal waste and recycling collected by or on behalf of the Township a municipal waste cart and a single-stream recycling cart which must be utilized for the collection of municipal waste and recycling. The carts provided to each residential property that qualifies to have municipal waste and recycling collected by or on behalf of the Township shall belong to that property and not the owner or occupier of such property. An owner or occupier of a residential property in the Township that qualifies to have municipal waste and recycling collected by or on behalf of the Township shall not remove the carts provided by the Township from the property upon sale of the property or relocation from the property. In the event a cart provided by the Township is lost, stolen or damaged, the owner of the respective property must replace the same with a cart to be supplied by the Township. The cost of replacing the cart shall be borne by the owner of such property and shall be paid at the time the cart is picked up at the Township building or prior to delivery to said property.
C. 
Municipal solid waste collection is limited to a volume of no more than 96 gallons per collection day. The weight of each Township-provided cart or homeowner-owned waste can cannot exceed 60 pounds.

§ 148-15 Enforcement.

A. 
Unlawful conduct; public nuisance. It shall be unlawful and a public nuisance for any person to violate, or cause or assist in the violation, of any provision of this chapter, or violate, or 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 any provision of this chapter or of the regulations adopted hereunder, or any person who engages in unlawful conduct as defined in this chapter, 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 $50. Each continuing day of violation of this chapter shall constitute a separate offense punishable by a like fine or penalty.
C. 
Injunction. In addition to any other remedy provided in this chapter, Upper 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 violator 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 by provided at law or equity.

§ 148-16 Construal of provisions.

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.