[HISTORY: Adopted by the Board of Supervisors
of the Township of East Bradford as indicated in article histories.
Amendments noted where applicable.]
[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.
Unless the context clearly indicates otherwise,
the following words and phrases used throughout this article shall
have the following meanings:
Empty one-hundred-percent-aluminum beverage and food containers.
All residue from coal, wood or other fuel consumption.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
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.
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.
Empty bottles, jars, food and beverage containers made of
green, brown or other colored glass.
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]
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]
A private firm awarded a contract to perform a service.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
A trash collection firm which has been awarded a contract
by the Township for the collection and disposal of municipal waste
and recyclable materials.
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.
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]
Any bond, copier, letterhead or mimeograph paper typically
sold as white ledger paper and computer paper.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
East Bradford Township, Chester County, Pennsylvania.
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.
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.
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]
No. 1 and No. 2, PETE and HDPE plastic bottles.
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.
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]
E.
The organizer
of all Community Activities sponsored and held within the Township
shall supply receptacles or carts for the purpose of separating from
the municipal waste all aluminum, glass, plastics, and corrugated
cardboard. If no municipal recycling bins are available at the location
of the activity, the organizer shall store such recyclable materials
until collected by a registered municipal waste collector and provide
written documentation to the Township of the type of materials and
the total tons of materials recycled at each Community Activity.
[Added 5-10-2022 by Ord. No. 02-2022]
[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.
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.
