Township of West Goshen, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 8-14-1990 by Ord. No. 6-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 53.
Property maintenance — See Ch. 63.
This chapter shall be known as the "Municipal Waste and Recycling Ordinance."
The following words, terms and phrases, when used in this chapter, shall have the meanings hereinafter ascribed to them, except when the context clearly indicates a different meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, adopted by the Commonwealth of Pennsylvania in 1988.[1]
ALUMINUM
Used cans comprised of one-hundred-percent aluminum.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
BULK WASTE
Any discarded items that are of a size such that they can not be placed in a standard size municipal waste container. Bulk waste shall not include construction debris, hazardous materials, automotive parts, tires or leaves.
CARTON
An empty, light, box container, typically made of paper board and polyethylene (plastic), in which drinks or foodstuffs are packaged, such as milk, juice, soup, broth, or wine.
[Added 8-6-2017 by Ord. No. 6-2017]
CLEAR GLASS
Empty bottles, jars, food or beverage containers made of clear transparent glass. Expressly excluded are nonglass items, such as plate glass, blue, green or brown glass, porcelain and ceramic products.
[Amended 11-12-2008 by Ord. No. 8-2008]
COLORED GLASS
Empty bottles, jars, food or beverage containers made of green, brown or other colored glass.
COMMERCIAL PROPERTY/ESTABLISHMENT
All properties/establishments used for commercial or industrial purposes.
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.
DWELLING UNIT
Any building or structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
[Added 8-6-2017 by Ord. No. 6-2017]
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, or 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, letterhead or mimeograph paper typically sold as white ledger paper; and computer paper.
INSTITUTIONAL PROPERTY/ESTABLISHMENT
Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
MIXED PAPER
Paper products to include junk mail, telephone books, catalogs, white paper, magazines, flattened boxes (cereal boxes or any box which does not come in direct contact with food), noncorrugated cardboard (cannot contain ripples between the cardboard layers), and envelopes (which include window envelopes). Newspaper, as defined, can be included within this mixed paper definition.
[Added 6-9-2004 by Ord. No. 17-2004]
MULTIFAMILY DWELLING
Any building or structure, or part thereof, which contains more than one dwelling unit.
[Added 8-6-2017 by Ord. No. 6-2017]
MULTIUNIT RESIDENTIAL PROPERTY
Occupied multifamily dwellings having four or more dwelling units per structure. Dwelling units above or attached to a commercial use are included in this category.
[Amended 8-6-2017 by Ord. No. 6-2017]
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
A source separation and collection program for municipal waste or source-separated recyclable materials or a program for designated dropoff points or collection centers for recycling municipal waste or centers for recycling municipal waste or source-separated recyclable materials that is operated by or on behalf of a municipality. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPER
Includes 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, specifically excluding magazines and periodicals.
PERSON
Every natural person, firm, corporation, partnership, association or institution.
RESIDENTIAL PROPERTY
Occupied residential single-family or multifamily dwellings having fewer than four dwelling units per building.
[Amended 8-6-2017 by Ord. No. 6-2017]
SEPARATION/SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling. Those items include clear glass, colored glass, aluminum, steel, and bimetallic cans, mixed paper, newsprint, corrugated cardboard, noncorrugated paper, cartons and plastics Nos. 1 through 7.
[Amended 6-9-2004 by Ord. No. 17-2004; 11-12-2008 by Ord. No. 8-2008; 8-6-2017 by Ord. No. 6-2017]
SINGLE-STREAM RECYCLING
The act of co-mingling 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.
[Added 11-12-2008 by Ord. No. 8-2008]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
It shall be unlawful for any person to deposit, dump, spill, throw, place or bury or permit another to deposit, dump, spill, throw, place or bury in or upon any parcel of land, lot, street, highway, gutter or in any alley or in any water or stream or in any quarry or ditch within the limits of the Township of West Goshen any municipal waste.
The storage and collection of all municipal waste from residential, multi-unit residential, commercial, municipal and institutional properties shall comply with the provisions of this chapter and such rules and regulations as may from time to time be adopted by resolution of the Township Supervisors.
On and after September 26, 1990, and under the regulations and schedules issued by the Township in accordance with the terms of this chapter, there is hereby established a mandatory recycling program in which Township residents and property owners shall participate and which requires the recyclable materials generated within the Township and set forth in § 45-7 to be separated from other municipal waste materials stored on the premises where generated until collection.
[Amended 8-6-2017 by Ord. No. 6-2017]
The provisions of this chapter establishing a mandatory recycling program shall be applicable as follows:
A. 
To residential property which is required to have municipal waste collected by or on behalf of the Township pursuant to § 45-8A of this chapter.
B. 
With respect to multiunit residential properties, the owner shall be required to establish a collection system at its sole cost and expense. The collection system must include suitable containers for the commingling 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 once per month.
C. 
Commercial, municipal and institutional establishments shall develop, implement and maintain a recycling program and provide, at their sole cost and expense, for the commingling, storage and collection of the recyclable materials. Owners, operators or administrators of such establishments shall inform and instruct all employees, patrons and residents on the features and requirements of the recycling program. Persons occupying commercial, municipal or institutional establishments may obtain an exemption from the recycling requirements in this chapter only in accordance with § 1501(c)(1)(iii) of Act 101 of 1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
[Amended 6-9-2004 by Ord. No. 17-2004; 11-12-2008 by Ord. No. 8-2008; 8-6-2017 by Ord. No. 6-2017]
A. 
All residential properties which are required to have municipal waste collected by or on behalf of the Township shall utilize single-stream recycling. The Township shall have the right to include additional materials which must be recycled in a single stream upon sending notice to all Township residents.
B. 
All commercial, municipal and institutional establishments shall be required to collect, for recycling, high-grade office paper, corrugated paper, cartons, aluminum, steel, bimetallic cans, and plastics Nos. 1 through 7.
C. 
All residential properties shall separate leaf and yard waste from municipal waste. Leaf and yard waste may be mulched and/or composted by residents, or placed out for separate collection by the Township in biodegradable paper bags or containers. Branches shall be no longer than four feet in length and must be bundled, weighing no more than 50 pounds.
D. 
All commercial, municipal and institutional establishments shall separate leaf and yard waste from municipal waste and must dispose of the leaf and yard waste in an approved manner.
[Amended 3-18-2009 by Ord. No. 02-2009; 8-6-2017 by Ord. No. 6-2017]
A. 
All municipal waste and materials designated by the Township to be recycled shall be collected from residential properties only by the collector/hauler selected by the Township as the successful bidder determined through competitive bidding, as allowed by 53 P.S. § 4000.304(c).
B. 
Multiunit residential properties, as well as commercial, municipal, and institutional establishments, shall contract at their sole cost and expense for the collection of municipal waste and the required recyclables. Such establishments may select any collector/hauler authorized by the commonwealth to collect waste.
[Amended 11-12-2008 by Ord. No. 8-2008; 3-18-2009 by Ord. No. 02-2009]
Only a person or entity authorized by the Pennsylvania Department of Environmental Protection in accordance with Act 90 of 2002, the Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201 et seq., may collect municipal waste within the Township. Authorized haulers shall comply with the reporting requirements in § 45-10 of this chapter.
[Amended 3-18-2009 by Ord. No. 02-2009]
All persons authorized to collect municipal waste or recyclables under § 45-9 shall submit an annual report to the Township of West Goshen on forms provided by the Township.
A. 
The report shall contain a list of the establishments in West Goshen Township, including street addresses, for which the authorized hauler collected municipal waste or recyclables.
B. 
The report shall give the total weight of municipal waste and the total weight of each recyclable material collected by the authorized hauler in the Township.
C. 
The report shall be submitted to the Township each year no later than January 15 and shall include the information required by Subsections A and B for the immediate preceding calendar year.
D. 
Failure to file the required report in a timely manner shall subject the authorized hauler to the penalties provided for in § 45-17 of this chapter.
[Amended 7-23-1997 by Ord. No. 12-1997; 2-23-2000 by Ord. No. 2-2000; 9-14-2005 by Ord. No. 10-2005; 4-13-2016 by Ord. No. 2-2016; 8-6-2017 by Ord. No. 6-2017]
There is hereby imposed a fee upon each separate dwelling unit in a residential property to which collection services are available or are provided by or on behalf of the Township, together with interest and penalties, as herein specified, for the collection of municipal waste, recyclables and leaves, as provided in this section.
A. 
The amount of the collection fee shall be set, and may be amended from time to time, by resolution of the Board of Supervisors.
B. 
Collection fees shall be paid quarterly, and quarterly billings for collection fees shall be made by bills dated on the first day of January, April, July and October of each year, for the quarterly calendar period immediately preceding the date of the bill. All bills for collection fees shall be due and payable on their respective dates, subject to the following:
(1) 
If paid in full by the last day of the month in which the bill is dated, the face amount of the bill.
(2) 
If not paid in full by the last day of the month in which the bill is dated, the bill shall be subject to a penalty of 10%, which penalty shall be added to the face amount of the bill. If the quarterly installment and penalty are not paid prior to the end of the second month after the date on which the bill is issued, to the aggregate amount thereof there shall be added, due and payable an additional penalty equal to 3/4 of 1% per month or fraction thereof on the unpaid balance thereof until paid.
C. 
Where payment is made by mail, if the payment bears a United States postmark, the date of payment shall be deemed to be the postmarked mailing date.
D. 
Bills for waste and recycling fees and charges shall be paid by the title owner of the real property to which waste and recycling collection services have been provided or are made available and shall be mailed or e-mailed by the Township to that address or e-mail address, unless and until a different address or e-mail address is specified, in writing, by the owner of such property with acknowledgement by the Township of receipt thereof. Failure of the owner to receive a bill as a result of an incorrect address, e-mail address or otherwise shall not excuse payment of waste and recycling fees or extend the time for payment thereof. It shall be incumbent upon all persons receiving these services to provide the Township with the correct billing address or e-mail address, as well as any changes thereto.
E. 
The penalties provided for herein shall be concurrent with all other remedies available to the Township for collection of waste and recycling fees. All such unpaid collection fees and charges, together with penalties thereon, and costs incurred in connection therewith shall be and constitute a municipal claim and, when filed of record, shall constitute a lien on the real property for which the collection fee has been imposed. Interest at the rate of 9% per annum is hereby imposed and shall be collected on all waste and recycling fees and charges from the date of the filing of a municipal lien therefor in the proper public office, as provided in the Pennsylvania Municipal Claims and Tax Lien Act.[1] In addition, the Township may collect all unpaid waste and recycling fees, penalties, interest and other authorized costs and charges, together with interest thereon, in any manner and by any proceeding otherwise provided for by law.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Amended 11-12-2008 by Ord. No. 8-2008; 8-6-2017 by Ord. No. 6-2017]
A. 
Municipal waste, recyclables and leaves shall be collected curbside from each separate dwelling unit of each residential property which qualifies to have collection made by or on behalf of the Township in conformance with the following:
(1) 
Municipal waste: twice each week.
(2) 
Recyclables: once each week on one of the municipal waste collection days.
(3) 
Leaves: three times during the leaf season.
(4) 
Yard waste: eight times per year.
(5) 
Bulk waste: once per week on one of the municipal waste collection days.
(6) 
Christmas trees: once per year.
B. 
The scheduled days for the collections in Subsection A above shall be set by the Township, and the collection routes shall be set by the collector/hauler in accordance with § 45-8A of this chapter. Notice to residents of the scheduled collection days shall be the responsibility of the Township. Regulations regarding the preparation and placement of materials for collection shall be set by resolution of the Board of Supervisors.
A. 
From the time of the placement of the recyclable materials herein defined and designated at the curb or other designated place for collection by the Township pursuant to the provisions of this chapter and other rules and regulations adopted thereunder, said recyclable materials shall become and be the property of the Township or its assigns.
B. 
It shall be a violation of this chapter for any person not duly 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 any other designated place for collection by the Township pursuant to the provisions of this chapter. Any and each unauthorized collection and violation hereof from one or more residences shall be construed to be separate and distinct offenses punishable as hereinafter provided.
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 chapter 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 collection of municipal waste and recyclable materials by municipal waste collectors and the preparation for collection of municipal waste and recyclable materials by property owners and residents of the Township shall be made in compliance with the regulations to be adopted by the Board of Supervisors of West Goshen 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.
[Amended 3-18-2009 by Ord. No. 02-2009; 8-6-2017 by Ord. No. 6-2017]
A. 
Every person, whether as owner or occupier of a property within the Township who produces municipal waste, recyclables or like material as referred to in this chapter or being responsible for the existence or disposal of such materials, shall be responsible to pay the fees and other charges as provided for herein and shall be the proper subject of the enforcement procedures as provided for herein.
B. 
The Township shall provide to each residential property owner who qualifies to have waste collected by or on behalf of the Township a waste receptacle, limit one per dwelling unit, which must be utilized for the collection of waste by an automotive waste-hauling vehicle. The waste receptacle provided to each separate dwelling unit of each residential property which qualifies to have waste collected by or on behalf of the Township shall belong to the dwelling unit and not the owner or occupier of such residential property. Owner(s) and/or occupier(s) of a dwelling unit of residential property in the Township who qualify to have waste collected by or on behalf of the Township shall not remove the waste receptacle provided by the Township from the dwelling unit upon sale of the residential property or relocation from the residential property. Should the waste receptacle be removed from the dwelling unit upon relocation by the owner(s) and/or occupier(s), the cost of replacing the waste receptacle shall be borne by the person who removed the waste receptacle from the dwelling unit. In the event a waste receptacle provided by the Township is lost, stolen or damaged, the owner(s) of the respective residential property must replace the same with a waste receptacle to be supplied by the Township. The cost of replacing the waste receptacle shall be borne by the owner(s) of such residential property and shall be paid before the waste receptacle is delivered by the Township.
C. 
The Township shall provide to each residential property owner who qualifies to have recyclable materials collected by or on behalf of the Township a recycling receptacle or receptacles, limit one per dwelling unit, which shall only be utilized for the collection of recyclable materials by the Township. The Township shall provide as many recycling receptacles as necessary to meet the recycling needs of the property owner. The recycling receptacle(s) provided to each dwelling unit of each residential property which qualifies to have recyclable materials collected by or on behalf of the Township shall belong to the dwelling unit and not the owner or occupier of such residential property. Owner(s) and/or occupier(s) of a dwelling unit of residential property in the Township who qualifies to have recyclable materials collected by or on behalf of the Township shall not remove the recycling receptacle(s) provided by the Township from the dwelling unit upon sale of the residential property or relocation from the residential property. Should the recycling receptacle(s) be removed from the dwelling unit upon relocation by the owner(s) and/or occupier(s), the cost of replacing the recycling receptacle(s) shall be borne by the person who removed the recycling receptacle(s) from the dwelling unit. In the event a recycling receptacle provided by the Township is lost, stolen or damaged, the owner of the respective residential property must replace the same with a recycling receptacle to be supplied by the Township. The cost of replacing the recycling receptacle shall be borne by the owner(s) and/or occupier(s) of such property and shall be paid before the recycling receptacle is delivered by the Township.
A. 
Any person who violates or permits the violation of any provision of this chapter shall, upon being found liable therefor in a civil 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 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.
[Amended 7-24-1996 by Ord. No. 7-1996]
B. 
Each day's continuance of a violation of this chapter shall constitute a separate offense.
C. 
The Township may enforce the terms of this chapter by appropriate proceedings in law or equity.
D. 
This penalty provision shall not be construed to prevent prosecutions under the Pennsylvania Crimes Code for violations of § 45-18 of this chapter.
All ordinances and provisions thereof inconsistent with the provisions of this chapter shall be and are hereby repealed to the extent of such inconsistency. The third ordinance adopted in 1959, dated October 7, 1959,[1] is specifically repealed hereby.
[1]
Editor's Note: Said ordinance comprised former Ch. 45, Garbage, Rubbish and Refuse.
If any section, subsection, part, clause or phrase of this chapter shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this chapter.
This chapter shall become effective upon enactment as provided by law.