Township of East Bradford, 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 Bradford as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 66.
Nuisances — See Ch. 73.
Open burning — See Ch. 76.
[Adopted 9-10-1991 by Ord. No. 126-1991]
A. 
The reduction of the amount of municipal waste and conservation of recyclable materials is an important public concern by reason of the growing problem of municipal waste disposal and its impact on the environment.
B. 
The collection of newspapers, glass, aluminum, steel and bimetallic cans, plastics and leaf waste for recycling from residences and newspapers, glass, aluminum, steel and bimetallic cans, plastics, leaf waste and high-grade office paper and corrugated paper from commercial and institutional establishments in East Bradford Township will serve the general public interest by reducing the volume of municipal waste which must be disposed, thereby reducing storage, collection, transportation and disposal costs of said waste and preserving valuable natural resources.
C. 
This article has been developed to implement municipal responsibilities under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988).[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Unless the context clearly indicates otherwise, the following words and phrases used throughout this article shall have the following meanings:
ALUMINUM CANS
Empty one-hundred-percent-aluminum beverage and food containers.
ASHES
All residue from coal, wood or other fuel consumption.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
BULK TRASH
Any discarded items that are of a size such that they cannot be placed in a standard waste container, but can be handled by two persons. Building materials, tires and auto parts are not included.
CLEAR GLASS
Empty bottles, jars, food or beverage containers made of clear transparent glass. Expressly excluded are noncontainer glass, plate glass, blue, green or brown glass, porcelain, ceramic products and light bulbs.
COLORED GLASS
Empty bottles, jars, food and beverage containers made of green, brown or other colored glass.
COMMERCIAL PROPERTIES
All properties used for industrial, commercial, institutional, community, charitable or municipal purposes. Expressly excepted from commercial properties are all multiple-dwelling residential buildings.
[Amended 12-27-1991 by Ord. No. 130-1991]
CONTRACTOR
A private firm awarded a contract to perform a service.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
DESIGNATED HAULER
A trash collection firm which has been awarded a contract by the Township for the collection and disposal of municipal waste and recyclable materials.
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.
DWELLING UNIT/RESIDENCE
A single-family structure, or each unit in a multifamily structure, which is occupied as a residence, without regard to the form of ownership of such structure or unit.
[Amended 12-27-1991 by Ord. No. 130-1991]
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically sold as white ledger paper and computer paper.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MUNICIPALITY/TOWNSHIP
East Bradford Township, Chester County, Pennsylvania.
MUNICIPAL SOLID WASTE
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 definitions of residual or hazardous waste in the Solid Waste Management Act.[1] The term does not include source-separated recyclable materials or leaf waste.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions and containing advertisements and other matters of public interest.
PERSON
Any natural person, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997]
PLASTIC
No. 1 and No. 2, PETE and HDPE plastic bottles.
RECYCLABLE MATERIALS
Those materials which may be processed or refabricated 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, bimetal containers, glass containers, newspapers, magazines and periodicals, plastic containers, high-grade office paper and corrugated paper.
REFUSE
Garbage, paper, ashes, trash and rubbish.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
East Bradford Township hereby establishes a recycling program for the mandatory separation and collection of newspaper, glass, aluminum, steel and bimetallic cans, plastics and leaf waste from all dwelling units/residences in East Bradford Township. Businesses and institutions in East Bradford Township must recycle these items in addition to high-grade office paper and corrugated paper. Collection of the materials to be recycled and municipal waste shall be made periodically by the designated hauler.
The East Bradford Township Supervisors are hereby authorized and empowered to establish guidelines on the manner, days and times of collections of municipal solid waste and recyclable materials and the bundling, handling, location and time of placement of such materials for collection.
A. 
All persons who are residents of East Bradford Township shall separate all newspaper, glass, aluminum, steel and bimetallic cans, plastics and leaf waste from all other municipal waste produced at their homes, apartments and other residential establishments and store such material for collection and shall place the same for collection in accordance with the guidelines established hereunder.
[Amended 12-27-1991 by Ord. No. 130-1991]
B. 
All persons must separate leaf waste from other municipal waste generated at their house, apartment and other residential or commercial establishments. No person shall place leaf waste in containers used for the separation and collection of municipal waste or recyclable materials.
[Amended 12-27-1991 by Ord. No. 130-1991]
C. 
All persons who are owners, occupants or tenants of commercial properties shall separate from municipal waste all newspaper, clear glass, colored glass, aluminum cans, bimetal containers, plastics, high-grade office paper and corrugated paper for recycling. Recyclable materials required to be separated at commercial properties and all other municipal waste generated at such commercial properties shall be collected as required pursuant to § 91-6B hereof.
[Amended 12-27-1991 by Ord. No. 130-1991]
D. 
All persons who are residents of East Bradford Township shall dispose of their municipal waste and recyclables as follows:
(1) 
Municipal waste and recyclables will be collected from each dwelling unit/residence on the same day once a week by the designated hauler. Residents will be notified of their collection day by the designated hauler. As more particularly provided in the agreement between the Township and the designated hauler, residents will be permitted to place three thirty-two-gallon containers of municipal waste plus their recyclables out for collection. Leaf waste shall not be collected except as provided in Subsection D(8) herein.
[Amended 12-13-1994 by Ord. No. 157-1994]
(2) 
All recyclables, excluding newsprint, will be separated from municipal waste and stored in containers to be provided by the designated hauler. It is not necessary to further subdivide the recyclables, i.e., glass from plastics. All recyclable materials shall be rinsed and cleaned, and all glass containers shall have the caps and rings removed prior to being placed at curbside.
(3) 
All newsprint will be bundled and tied in easy-to-manage bundles or placed in paper bags and kept dry.
(4) 
Arrangements for additional collection may be made by residents (more than three thirty-two-gallon containers per week) with the designated hauler for an additional fee.
(5) 
Collection will be curbside. Arrangements can be made for house pickup with the designated hauler for an additional fee.
(6) 
One bulk item each month may be placed out for collection. The day for collection will be determined by the designated hauler. A bulk item must be capable of being handled by two people.
(7) 
Municipal waste and recyclable materials shall not be placed curbside for pickup before 6:00 p.m. of the evening prior to collection day. All containers must be removed by 11:00 p.m. on the day of collection.
(8) 
Leaf waste shall be collected at least three times during the leaf season at times and dates announced by the designated hauler. Leaf waste shall be placed by residents in biodegradable bags at the curb for pickup.
[Added 12-13-1994 by Ord. No. 157-1994]
[Amended 12-27-1991 by Ord. No. 130-1991]
A. 
All municipal waste and recyclable materials generated at all dwelling units/residences shall be collected only by the designated hauler selected by the Township as the successful bidder determined through competitive bidding. The designated hauler shall comply with all specifications and regulations adopted by resolution of the Board of Supervisors and shall comply with the licensing requirements in § 91-9.
B. 
The owners of all commercial properties shall contract at their sole cost and expense for the collection of municipal waste and the recyclable materials to be separated and collected pursuant to § 91-5. Said owners may select any contractor licensed by East Bradford Township in accordance with § 91-9.
There is hereby imposed upon each dwelling unit/residence which qualifies to have such collection made by or on behalf of the Township a fee for the collection of municipal waste, recyclables and leaves:
A. 
The amount of the fee shall be set by resolution of the Board of Supervisors.
B. 
Collection fees shall be billed by the designated hauler directly to owners of dwelling units/residences, and payments shall be made directly to the designated hauler.
[Amended 12-27-1991 by Ord. No. 130-1991]
C. 
Payment of collection fees shall be the responsibility of the owner of the property, and bills for such fees will be mailed to the owner's address on file with the Township, unless and until a different address is specified by the owner of such property, in writing, to the Township. Failure of the owner to receive a bill as a result of an incorrect address or otherwise shall not excuse payment of collection fees or extend the time for payment thereof. It shall be incumbent upon all owners of property for which such collection services are provided to notify the Township of the correct billing address or any changes thereto.
[Amended 12-27-1991 by Ord. No. 130-1991]
D. 
The Board of Supervisors may establish by resolution a program for establishing the criteria for identification of owners of vacant properties and owners of property with low income and for approving applications from said owners to relieve them from the responsibility to pay the trash collection fees referred to herein. The resolution may also establish reasonable rules and regulations for the administration of the program and may provide that money from the general fund and/or user fees may be budgeted and dispersed to fund the program.
[Added 10-13-1992 by Ord. No. 139-1992]
All newspapers, glass, aluminum, steel and bimetallic cans, plastics, high-grade paper and corrugated paper placed by the resident for collection by the designated hauler pursuant to this article and regulations hereunder shall, from time of pickup, become the property of the designated hauler except as otherwise provided by § 91-12 of this article.
A. 
Only a person licensed by the Township of East Bradford may collect municipal waste and recyclables within the Township.
B. 
A license shall be valid for one year unless otherwise noted and may be renewed upon application and approval.
C. 
Application for a license shall be made on a form prescribed by the Township and submitted at the Township office, accompanied by a licensing fee established by resolution of the Board of Supervisors.
D. 
Licenses are not transferable from one vehicle to another except with the prior written approval of the Township.
E. 
The Township shall issue or refuse to issue a license to an applicant within 30 days from the Township's receipt of the properly completed application and license fee.
F. 
Applicants for a license must furnish the following information:
(1) 
The make year, model, license plate number and size of each vehicle to be used for collection and transportation of municipal waste and recyclables.
(2) 
The locations, addresses, hours of business and telephone numbers of the collector/hauler's business office to receive calls, visits or correspondence from persons in the Township who receive collection service. Any changes in this information after the license has been issued shall be reported within 10 days to the Township.
(3) 
A certificate of worker's compensation insurance as required by law.
(4) 
Certificates of insurance.
(a) 
A certificate of insurance coverage evidencing minimum limits of coverage as follows:
[1] 
Comprehensive general liability. Bodily injury and property damage, including contractual liability, in a combined single limit: $500,000 per occurrence, $1,000,000 general aggregate.
[2] 
Comprehensive automobile liability, bodily injury and property damage in a combined single limit: $500,000 per occurrence.
(b) 
Certificate(s) of insurance evidencing the coverages required above shall be filed with the Township prior to the furnishing of services under this license. Such certificate(s) shall provide that the insurer will give East Bradford Township not less than 10 days' advance notice of any changes in or cancellation of coverage.
(5) 
The Pennsylvania Department of Environmental Protection approved disposal site(s) where the waste will be taken.
(6) 
Any other relevant information which the Township deems necessary for the issuance of a license.
G. 
All vehicles licensed for the collection or transportation of municipal waste or recyclables shall:
(1) 
Comply with all applicable federal, state and local regulations.
(2) 
Have enclosed bodies or have the body covered with a tarpaulin or canvas cover or other suitable cover to prevent the distribution of the contents along the highways or on abutting lands.
(3) 
Have watertight bodies of easily cleanable construction and shall be kept clean to prevent odor and propagation or attraction of vectors.
(4) 
Be maintained in good repair.
(5) 
Have the current license stickers issued by the Township affixed to the cab doors on both sides of the vehicle.
H. 
Failure of a licensed collector/hauler to comply with the provision& of this article shall result in the revocation of the license.
A. 
All persons licensed to collect municipal waste or recyclables under § 91-9 shall submit an annual report to the Township of East Bradford on forms provided by the Township.
B. 
The report shall contain a list of the establishments in East Bradford Township, including street addresses, for which the licensee collected municipal waste and/or recyclables.
C. 
The report shall give the total weight of municipal waste and the total weight of each recyclable material collected by the licensee in East Bradford Township.
D. 
The report shall be submitted to the Township each year no later than January 15 and shall include the information required in Subsections B and C for the immediate preceding calendar year.
E. 
Failure to file the required report in a timely manner shall subject the licensee to revocation or nonrenewal of the license as well as such other penalties provided in this article, as applicable.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997]
It shall be a violation of this article for any person other than East Bradford Township or persons authorized by East Bradford Township to collect municipal waste or recyclables placed by a resident for collection by the designated hauler. Each unauthorized collection in violation hereof from one or more residences on one calendar day shall constitute a separate and distinct violation of this article subject to fines and penalties as hereinafter provided.
Any resident may donate or sell recyclables to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997; 12-19-2007 by Ord. No. 5-2007]
A. 
Any person who shall violate the provisions of §§ 91-5 and 91-12 shall receive an official written notice of violation from the designated hauler, acting as agent of the Township, of noncompliance for the first violation. Any person who shall fail to pay the designated hauler's charges for collection of municipal solid waste and recyclable materials shall receive a written official "past due" invoice notice from the designated hauler, acting as agent of the Township, of noncompliance. Failure to cure the violation and/or subsequent such violations shall be subject to the penalties hereinafter provided.
B. 
Should the person fail to cure any violation noticed under this article, the Township has the right, but not the obligation, to take action to cure the violation. Should the Township cure the violation, the Township shall be entitled to recover all reasonable costs incurred by the Township by enforcing the terms of the chapter, including attorneys' fees. The Township may file a municipal lien or take any other such action available at law or equity to recover any costs incurred. Any amount received by the Township shall be distributed between the Township and the designated hauler as set forth by contract.
C. 
The designated hauler, acting as agent for the Township, or the Township, may, but is not obligated to, pursue criminal penalties. Any person who shall violate or permit to the violation of any provision of this article shall, upon being found liable thereof in a criminal enforcement proceeding, pay a fine of not more than $1,000 or less than $25, together with court costs and reasonable attorneys' fees for each and every violation, and may be incarcerated for a period not exceeding 90 days. Such fines, costs, attorneys' fees and incarceration, after being reduced to a final unappealable judgment, shall be enforced by the Township, pursuant to the applicable rules of criminal procedure. Each day of violation shall constitute a separate violation.
D. 
Should the person fail to remit payment, fees and/or charges noticed as owed by a "past due" invoice notice, the designated hauler, acting as agent for the Township, may act as follows:
(1) 
The designated hauler may impose reasonable late fees on any outstanding and unpaid invoices for collection of municipal waste or recyclable materials from any dwelling unit/residence from the original due date until paid in full, with late fees not to exceed 1.5% per month.
(2) 
If, 30 days after the designated hauler's first "past due" invoice notice, the person has failed to pay such amounts owing in full, the designated hauler may discontinue service to the dwelling unit/residence. The designated hauler shall immediately notify the Township, in writing, of the discontinuance of service. The designated hauler shall resume such collections immediately upon payment of all past due amounts with respect to such dwelling unit/residence by the persons thereof.
(3) 
The designated hauler may request the Township take any action as the Township may deem fit and proper.
(4) 
The actions under this subsection are cumulative, and the designated hauler may avail itself of any and all remedies.
E. 
Should the person fail to remit payment fees and/or charges noticed as owed by a "past due" invoice notice, the Township has the right, but not the obligation, to file municipal liens, impose penalties, institute collection actions or take any other such action as available at law or equity to recover the amounts due. Any amount received by the Township shall be distributed between the Township and the designated hauler as set forth by contract.
F. 
Forbearance by the Township to exercise its rights under this article shall not be deemed or construed to be a waiver by the Township of such term, of any subsequent breach of the same or any other term of this article or any of the Township's rights under this article. No delay or omission by the Township in the exercise of any right or remedy upon any breach or violation shall impair such right or remedy or be construed as a waiver.
G. 
Notwithstanding the subsections of this section, the designated hauler shall not be acting as an agent of the Township if it elects to file a claim not instituted by the Township in any court to pursue collection. The designated hauler will be deemed to be acting on its own accord and not as an agent of the Township.
H. 
The Township, or its designated hauler, reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
Every six months after the initiation of this recycling program, the Township shall notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this article and of the features of the recycling program. The Board of Supervisors may, in its discretion as it deems necessary and appropriate, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers or utilize any combination of the foregoing.
The Board of Supervisors of East Bradford Township may, from time to time, modify, add to or remove from the standards and regulations herein.