[Adopted 9-10-1991 by Ord. No. 126-1991]
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]
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics, and organized
sporting events that anticipate the attendance of approximately 200
or more individuals per day.
[Added 5-10-2022 by Ord. No. 02-2022]
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.
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. 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.
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.
[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.
[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.