[Amended 1-24-2011]
This article shall be known and may be cited as the "North Coventry Township Mandatory Solid Waste and Recycling Disposal Ordinance."
[Adopted 8-26-1991 by Ord. No. 90]
As used in this article, the following terms shall have the following meanings:
Events sponsored in whole or in part by North Coventry Township, or conducted within North Coventry Township and sponsored privately, which include, but are not limited to fairs, bazaars, socials, picnics, and organized sporting events that will be attended by 200 or more individuals per day.
Leaves, garden residue, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
Any garbage, refuse, industrial lunch room or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operations of residential, municipal, commercial, or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste as defined in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., 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.
Any individual, partnership association, corporation, institution, cooperative enterprise, trust, municipal authority, federal government or agency, Commonwealth institution or agency, or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. In any provision of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person," shall include the officers and directors of any corporation or any other legal entity having officers and directors.
Those materials specified by North Coventry Township for collection in accordance with this article and recycling regulations which may be promulgated from time to time. Such material shall include aluminum cans, clear glass containers and newsprint material. The list of recyclable materials may be changed from time to time by resolution of the Board of Supervisors of North Coventry Township.
Any person who owns, leases or occupies a property located in North Coventry Township used as a residence.
Any person collecting or transporting municipal waste recyclable materials for owners or occupants of property in North Coventry Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of municipal waste, or recyclable materials. All municipal waste collectors shall be licensed pursuant to the provisions of Article III, Waste Collectors, of this chapter.
[Amended 1-24-2011]
There hereby is established a program for the mandatory source-separation and collection and disposal of municipal waste, recyclable materials and leaf waste within North Coventry Township, Chester County, Pennsylvania. No person shall dispose of municipal waste, recyclable materials or leaf waste within North Coventry Township except in accordance with this article, in particular by use of a Township-licensed municipal waste collector and or the proper and legal composting and recycling. The use of a Township-licensed municipal waste collector will not relieve any person from compliance with this article. Any resident who otherwise provides for the proper disposal of municipal waste, recycling and leaf waste by transporting of the material to a licensed facility shall not be required to use a licensed municipal waste collector, but shall provide the Township enforcement officer proof of lawful disposal upon request.
A.
Recyclable materials. All residents of North Coventry Township shall separate recyclable materials from all municipal waste generated at their properties. When placed at the roadside for collection in accordance with the provisions of this article, recyclable materials shall be placed in separate reusable containers which clearly identify the contents as recyclables. Such containers shall be provided by the municipality, or by the Township licensed municipal waste collector, in which case the Township will be required to approve the container. The preparation for collection of municipal waste and recyclable materials shall be made in accordance with the instructions provided by the Township licensed municipal waste collector. When collection procedures have been scheduled by the municipality, either through Township licensed municipal waste collector or through other means, leaf waste shall be at roadside in accordance with the requirements adopted by the Township at that time. Any resident who otherwise provides for the proper disposal of leaf waste by composting shall not be required to comply with the provisions of this subsection.
B.
Leaf waste. All residents of North Coventry Township shall separate leaf waste from all municipal waste generated at their property. When collection procedures have been scheduled by the Township licensed municipal waste collector, leaf waste shall be placed in containers provided by the Township licensed municipal waste collector. Any resident who otherwise provides for the proper disposal of leaf waste on their own property shall not be required to comply with the provisions of this subsection.
C.
Collection. Collection of recyclable materials shall be made only by a Township licensed municipal waste collector at a minimum of once every other week. Leaf waste shall be collected by a municipal waste collector in accordance with the schedules established annually by the municipal waste collector.
D.
Multifamily residences. An owner, landlord or agent of an owner or landlord of multifamily residential housing properties with four or more units, or the residents of such multifamily residential properties with four or more units, shall in cooperation with the municipal waste collector, provide an appropriate container(s) and for the placement of such container(s). Other aspects of the collection of such recyclables shall be in accordance with the regulations of the Township. The owner shall annually provide written documentation and certification to North Coventry Township of the total volume of materials, and the type of materials, recycled. Such persons may comply with the reporting requirements hereunder by requiring their Township licensed municipal waste collector to provide documentation and certification directly to the Township.
All persons occupying commercial, institutional and municipal establishments within North Coventry Township shall separate high-grade office paper, corrugated paper, and all recyclable materials as specified in the definition of recyclables above and such other materials as may be changed from time to time by resolution of the Board of Supervisors of North Coventry Township, generated at such establishments and from community activities, store the materials until collection by a Township licensed municipal waste collector, and annually provide written documentation and certification to North Coventry Township of the total volume of materials, and the type of materials, recycled. Such persons may comply with the reporting requirements hereunder by requiring their Township licensed municipal waste collector to provide said documentation and certification directly to the Township.
Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of separated materials which are placed at curbside or similar location for collection by a Township licensed municipal waste collector.
From the time of placement of the recyclable materials at the street or other designated place for collection by a Township licensed municipal waste collector, pursuant to the provisions of this article and any rules and regulations adopted hereunder, the recyclable materials shall become and be the property of the Township licensed municipal waste collector. It shall be a violation of this article for any person not duly authorized by North Coventry Township to collect or pick up or cause to be collected or picked up any recyclable materials placed at the streetline or other designated place for collection by a municipal waste collector pursuant to the provisions of this article. Any and each such unauthorized collection in violation hereof from one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided in this article.
The collection of municipal waste and recyclable materials by Township licensed municipal waste collectors and the preparation and 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 North Coventry Township to carry out the intent and purpose of this article. 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 article. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.
A.
Unlawful activities: public nuisance. It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this article, or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Supervisors pursuant to this article.
B.
Penalties. Any person who violates or permits a violation of this article, shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.[1]
C.
Injunction. In addition to any of the remedies provided in this article, North Coventry Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this article for an injunction to restrain a violation of this article or any rules, regulations or resolution promulgated or issued by the Board of Supervisors pursuant to this article.
D.
Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof. This article shall be construed in pari materia with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101 et seq., and the rules and regulations adopted thereunder.