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Township of West Whiteland, 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 Whiteland 10-13-1992 by Ord. No. 201 (Ch. 20, Part 1, of the 1983 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 185.
Littering — See Ch. 193.
This chapter shall be known and may be cited as the "West Whiteland Township Municipal Waste Collection and Recycling Ordinance."
The following terms shall have the following meanings in this chapter:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
ACT 101
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.
BULK WASTE
Large items of refuse including, but not limited to, furniture, rugs, mattresses, television sets, washers, dryers, stoves, hot water heaters and bicycles which require collection in other than conventional compactor refuse collection vehicles. Bulk waste shall not include hazardous waste within the meaning of Act 97, building and/or construction materials, automotive parts and tires, cans containing paint or other free liquids, refrigerators, air conditioners, chillers or freezers.
BURNING
The act of consuming by fire; to flame, char, scorch or blaze. As used in this chapter, "smoldering" shall have the same meaning as burning and any smoldering shall be deemed a burning.
[Amended 10-23-2001 by Ord. No. 301]
COMMERCIAL ESTABLISHMENT
All properties and/or establishments used for commercial or industrial purposes.
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 will be attended by 200 or more individuals per day.
DISPOSAL BAG or TOWNSHIP DISPOSAL BAG
The plastic bag used for the collection of municipal waste in the Township which shall bear an identification mark established by the Township. This shall be the only means by which Township residents can dispose of their municipal waste.
INSTITUTIONAL ESTABLISHMENT
Any property and/or 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, yard waste, Christmas trees and similar materials, but not including grass clippings.
[Amended 12-8-1998 by Ord. No. 278]
MULTIUNIT RESIDENTIAL PROPERTY
Any occupied dwelling having five or more units per structure which does not have a separate entrance for each unit onto a public or approved private street and does not have separate facilities for each unit for municipal waste collection. Dwelling units above or attached to a commercial use are included in this category.
MUNICIPAL ESTABLISHMENT
Any facility or building owned or occupied by a local government or county government, local government or county government authority, state government or agency or federal government or agency.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or gaseous material resulting from the 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 Act 97 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.
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or recyclable materials for owners or occupants of property in West Whiteland Township, and any business or institution within West Whiteland Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection and transportation of the municipal waste or recyclable materials. All municipal waste collectors as defined herein shall be licensed pursuant to the provisions of this chapter.
MUNICIPAL WASTE CONTRACTOR
The contractor of West Whiteland Township pursuant to Section 304(c) of Act 101[1] to carry out its duties for recycling, transportation, collection and storage of municipal waste and source-separated recyclable materials in a manner that is consistent with Act 97 and Act 101 and the regulations promulgated pursuant thereto. Any such person shall be jointly and severally responsible with the Township when carrying out its duties for transportation, collection or storage activity.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
[Amended 10-23-2001 by Ord. No. 301]
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located within the Township. The owners of a property are those persons listed in the records of the Township
[Added 10-24-2012 by Ord. No. 402]
PERSON
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 chapter 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.
PROPERTY
Any lot or parcel of ground within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use.
[Added 10-24-2012 by Ord. No. 402]
RECYCLABLE MATERIALS
Those materials specified by the Township for separation from municipal waste at the point of origin for the purpose of recycling and for collection in accordance with this chapter and recycling regulations which may be promulgated from time to time. Such materials may include any materials designated by Act 101 (as supplemented or amended) as recyclables. The list of "recyclable materials" may be changed from time to time as deemed necessary by West Whiteland Township.
RESIDENCE
Any occupied single or multifamily structure having four or less units per structure. Condominiums, townhouses and like dwellings having separate entrances for each unit onto a public or approved private street and which have individual facilities for each unit for municipal waste collection are included in this category.
RESIDENT
Any person which owns, leases or occupies a property located in West Whiteland Township used as a residence.
[1]
Editor's Note: See 53 P.S. § 4000.304(c).
There is hereby established a program for the mandatory source separation and collection of recyclable materials and leaf waste within West Whiteland Township, Chester County, Pennsylvania.
A. 
Recyclable materials. All recyclable materials shall be separated from all municipal waste generated within West Whiteland Township. When placed at the curb for collection in accordance with the provisions of this chapter, recyclable materials shall be placed in separate, reusable containers which clearly identify the contents as recyclables. Such containers shall be provided by the Township pursuant to rules and regulations promulgated hereunder.
B. 
Residential collection. The collection of recyclable materials from all residences within the Township shall be made by the municipal waste contractor at a minimum of once per week.
C. 
Multiunit residential properties. An owner, landlord or agent of an owner or landlord of multiunit residential properties or multiunit rental properties with four or more units shall comply with their responsibilities under this chapter by establishing a collection system for recyclable materials at each property and pick up by a licensed municipal waste collector. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants or residents concerning the use and availability of the collection system. In addition, such owners, landlords and agents shall annually provide written documentation and certification to the Township of the total number of tons of materials and the types of materials recycled. Such owners, landlords and agents may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide said documentation and certification directly to the Township. Owners, landlords and agents of owners and landlords who comply with this chapter under this subsection shall not be liable for the noncompliance of occupants of their buildings.
[Amended 12-8-1998 by Ord. No. 278]
D. 
Townhouse properties. The residents of townhouse communities may be exempted from the requirement of collection of recyclable materials by the municipal waste contractor pursuant to § 264-12D of this chapter, regarding the collection of municipal waste by the municipal waste collector.
[Amended 12-8-1998 by Ord. No. 278]
A. 
Separation. All residents of West Whiteland Township shall separate leaf waste from all municipal waste generated at their residences.
B. 
Collection. When collection has been scheduled by the Township, leaf waste shall be placed at the curb for collection in paper, biodegradable bags or otherwise in accordance with the rules and regulations adopted hereunder. 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.
C. 
Prohibition. No person shall place leaf waste in containers used for the separation and collection of municipal waste or recyclable materials.
D. 
Townhouse properties. The residents of townhouse communities may be exempted from the requirement of collection of leaf waste by the municipal waste contractor pursuant to § 264-12D of this chapter, regarding the collection of municipal waste by the municipal waste contractor.
[Amended 12-8-1998 by Ord. No. 278]
All bulk waste generated at residences in the Township shall be collected by the municipal waste contractor in accordance with the rules and regulations adopted hereunder or at a Township-sponsored bulk dropoff center.
[Amended 12-8-1998 by Ord. No. 278]
All persons occupying commercial, institutional and municipal establishments within West Whiteland Township shall separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other recyclable materials as may be changed, from time to time, by resolution of the Board of Supervisors of West Whiteland Township, generated at such establishments and from community activities, store the materials until collection by a licensed municipal waste collector and annually provide written documentation and certification to West Whiteland Township of the total number of tons of materials and the types of materials recycled. Such persons may comply with the reporting requirements hereunder by requiring their municipal waste collector to provide such documentation and certification directly to the Township. In addition, those establishments that are licensed to operate as an eating or drinking establishment under the Chester County Department of Health rules and regulations must additionally separate from the waste stream and recycle bimetal cans and glass (clear, brown and green).
Nothing in this chapter or any regulation promulgated pursuant thereto shall be deemed to impair the ownership of recyclable materials by the persons who generated them unless and until recyclable materials are placed at curbside or similar location for collection by the municipal waste contractor.
From the time of placement of the recyclable materials at the curb or other designated place for collection by the municipal waste contractor pursuant to the provisions of this chapter and any rules and regulations adopted hereunder, the recyclable materials shall become and be the property of the municipal waste contractor. 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 other designated place for collection by the municipal waste contractor pursuant to the provisions of this chapter. 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 chapter.
All municipal waste generated in West Whiteland Township, Chester County, Pennsylvania, shall be stored, collected and disposed of in accordance with this chapter.
A. 
No person shall place municipal waste in containers used for the separation and collection of recyclable materials. No person shall place recyclable materials in disposal bags or containers used for the separation and collection of municipal waste.
B. 
No person shall store municipal waste outside of an enclosed building in other than secured disposal bags or closed watertight containers.
C. 
No person shall place disposal bags for municipal waste or containers for recyclable materials at the curb or in the front yard of any lot, except in the period beginning at 6:00 p.m., prevailing time, on the day prior to a scheduled collection, and ending at 12:00 midnight on the day of a scheduled collection. "Front yard" shall mean the area between the street line and the first building on the lot.
D. 
No person, other than the occupants of the property on which containers for municipal waste are stored or the municipal waste contractor, shall remove the covers or any of the contents of the containers.
E. 
No person shall allow or permit any municipal waste to collect or remain upon any property. Any unauthorized accumulation of municipal waste on any property is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of municipal waste within five days after the effective date of this chapter shall be deemed a violation of this chapter.
F. 
No municipal waste or recyclable materials shall be deposited on highways, streets, alleys, sidewalks, vacant lots, or public grounds nor be thrown into any culvert, storm sewer, drainage system, stream or other body of water.
G. 
After October 23, 2001, no person may permit the open burning of recyclable materials or leaf waste.
[Amended 10-23-2001 by Ord. No. 301]
A. 
All municipal waste generated at residences throughout the Township shall be collected by the municipal waste contractor.
B. 
Collection of municipal waste shall be made by the municipal waste contractor at a minimum of once per week, or at such frequency as shall be set forth in rules and regulations adopted hereunder.
C. 
All municipal waste shall be placed in the disposal bags provided by the Township for such use. The municipal waste contractor will only collect municipal waste contained in the Township disposal bags. This bag shall not be filled so as to weigh more than 40 pounds and shall be securely tied or sealed at the time of collection. The Township disposal bags will be available at the Township offices and at local commercial establishments throughout the Township as set forth in § 264-13 of this chapter.
D. 
Townhouse properties. The residents of townhouse communities, acting by and through a duly constituted homeowners' association, may be exempted from the requirements of this section regarding the collection of municipal waste by the municipal waste contractor; provided, that the homeowners' association contracts with a licensed municipal waste collector for the collection and disposal of municipal waste, in full compliance with this chapter and Act 97, establishes and enforces a curbside collection system for source-separated recyclable materials and leaf waste by a licensed municipal waste collector, in full compliance with this chapter and Act 101, and provides to the Township on an annual basis written documentation and certification of the total number of tons of materials, the types of materials recycled and total tons of waste.
[Amended 12-8-1998 by Ord. No. 278]
The Township disposal bags will be available at the Township Office, 222 North Pottstown Pike, Exton, Pennsylvania, and at various local commercial establishments at such fees as shall be from time to time established by resolution of the Board of Supervisors, and as may be from time to time amended. Authorization for sales by commercial establishments shall be by the Township Manager.
A. 
General provision. It shall be unlawful for any municipal waste collector to collect and transport municipal waste or recyclable materials within West Whiteland Township without a license first had and obtained from the Board of Supervisors of West Whiteland Township. As a condition of any license, the municipal waste collector shall provide for the collection of recyclable materials and leaf waste, including written quarterly reports to the Township of the materials recycled. The Board of Supervisors shall have the right to refuse to issue or renew any license, or to revoke or suspend a license previously issued, if said municipal waste collector fails to comply with the provisions of this chapter and the regulations adopted hereunder, Act 97, Act 101 and any other applicable state, federal or local provision of law.
B. 
Application for license. All municipal waste collectors shall obtain a license therefor on application to the Board of Supervisors. Said municipal waste collector may collect or transport such municipal waste or recyclable materials within the Township for a period of one year from the date of issuance of the license, or until January 31 of the next calendar year from the calendar year in which the license is issued, whichever is earlier. Each-licensee must renew the license no later than January 31 of each calendar year. Any municipal waste collector to whom a license is so issued shall have the privilege of collecting and transporting any municipal waste or recyclable materials picked up within the boundaries of West Whiteland Township, in strict conformance with this chapter, which license shall be not be transferable.
C. 
Contents of application. At the time of application, the municipal waste collector shall provide the following information on a form prepared by the Township:
(1) 
The name of the municipal waste collector, business address and telephone number of the business office and a twenty-four-hour emergency telephone number to receive calls from persons in the Township who receive collection service.
(2) 
The name and address and telephone number of the person having the largest ownership interest in the municipal waste collector.
(3) 
The names, addresses and telephone numbers of the officers of the corporation or general partners of the partnership, if applicable.
(4) 
The make, year, model and registration of each truck or vehicle which is used in West Whiteland Township to haul, carry, transport or collect municipal waste or recyclable materials.
(5) 
A certificate of the applicant's workmen's compensation insurance as required by law.
(6) 
A certificate of insurance coverage covering complete third-party public liability for both bodily injury and property damage, owner's and collector's protective insurance and automotive insurance with respect to personal injuries and property damage. Such insurance shall be in amounts that shall be from time to time set forth by the Board of Supervisors by regulations adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this chapter shall carry with it an endorsement to the effect that the insurance carrier will convey to West Whiteland Township, by certified mail, written notice of any modifications, alterations or cancellations of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to West Whiteland Township at least 10 days prior to the effective date of any such modification, alteration or cancellation.
(7) 
The approved disposal site where municipal waste will be taken, as provided in the Chester County Solid Waste Management Waste Plan.
(8) 
The processing and/or marketing facility where the recyclable materials will be taken.
(9) 
Such other information as the Township, in the furtherance of this chapter, shall deem appropriate and necessary.
D. 
Application fee. At the time of application, the municipal waste collector shall pay to the Township a sum as provided for in the schedule of fees as adopted by resolution of the Board of Supervisors, and as may be amended from time to time.
E. 
Collection of recyclable materials and leaf waste. As a condition to issuance and continued effectiveness of any license, the municipal waste collector shall establish a program for the collection and transportation of recyclable materials and leaf waste, which shall at minimum comply with the following:
(1) 
Provide for the collection of separated designated recyclable materials from each multifamily residential or rental property, commercial, institutional and municipal establishment, and community activity served and provide to such customers reusable containers for the storage and collection of recyclable materials.
(2) 
Establish procedures for the separation, storage and collection of recyclable materials, and provide persons served adequate notification of the procedures.
(3) 
Provide for the collection of leaf waste.
(4) 
Establish procedures for the separation, storage and collection of leaf waste, and provide persons served adequate notification of the procedures.
(5) 
Issue warning notices of violations on forms provided by the Township to persons served failing to comply with procedures for the separation, storage and collection of recyclable materials and leaf waste, and provide a copy of any such warning to the Township.
(6) 
Provide annual written documentation and certification to the Township of the total number of tons of materials, the types of materials, the place of disposition of materials recycled and the properties in the Township from which the materials were collected. Reports shall be filed 15 days following the close of a calendar quarter.
[Amended 12-8-1998 by Ord. No. 278]
F. 
Prohibitions. It shall be unlawful and a violation of this chapter, and grounds for the suspension or revocation of a license or a denial of a renewal license, for any municipal waste collector to:
(1) 
Collect or transport any municipal waste, recyclable materials or leaf waste from any person failing to source-separate said materials in violation of this chapter and regulations adopted hereunder.
(2) 
Collect or transport any municipal waste, recyclable materials or leaf waste from any residence served by the municipal waste contractor in violation of this chapter and regulations adopted hereunder.
(3) 
Commingle any designated separated recyclable materials or leaf waste collected within the Township with any municipal waste.
(4) 
Fail to provide for the proper disposition of any municipal waste, recyclable materials or leaf waste collected or transported within the Township.
(5) 
Collect municipal waste, recyclable materials or leaf waste from any property within West Whiteland Township prior to 6:00 a.m. or after 10:00 p.m. prevailing time.
(6) 
Load or operate any vehicle within the Township or transport municipal waste, recyclable materials or leaf waste within the Township in such a manner as to allow municipal waste, recyclable materials or leaf waste to fall upon the public roads or upon land abutting the public roads in the Township.
(7) 
Fail to replace the containers with their lids or covers in place at the location of collection in an orderly manner.
(8) 
Otherwise create a public nuisance.
G. 
Conditions of license. As a condition to the issuance and continued effectiveness of any license, the licensee shall comply with the following:
(1) 
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used for the collection of municipal waste shall be of the closed metal body type with an automatic compactor unit. The said vehicle shall have and display a valid Pennsylvania vehicle registration sticker and at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquids or fluids. Other types of vehicles may be used only for the collection of recyclable materials, leaf waste, bulk waste and Christmas trees provided such items are separately collected in accordance with other provisions of this chapter and regulations adopted hereunder. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or the creation of other nuisances. The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
(2) 
Verification of weights of recyclable materials. The quarterly written documentation and certification to the Township of the total number of tons of materials recycled from properties in the Township as required by Subsection E hereof shall include verified weights based upon the actual weighing of collection vehicles before and after collection in the Township on certified scales, certified scales located on collection vehicles or such other verifiable means of ascertaining the actual weight of the materials as may be reasonably available.
(3) 
Exhibiting license. Each licensee shall at all times while in the process of collecting or transporting said municipal waste or recyclables have and display in a proper manner a valid motor vehicle registration sticker, and have the license, or a copy thereof, issued by the Board of Supervisors, which shall have been signed by the Codes Enforcement Officer or his/her designee, within the vehicle being employed in said collection or transportation, and shall exhibit the same, on demand, to the Codes Enforcement Officer or his/her designee, or to any police officer of the Township.
(4) 
Licensee compliance. The licensee shall at all times comply with all the provisions of this chapter and the regulations adopted hereunder including, but not limited to, the recycling and reporting requirements set forth in Subsection E hereof, all other applicable ordinances and regulations of the Township, Act 97, Act 101 and any other applicable state, federal or local provision of law.
H. 
Grant, suspension or revocation of license. The Board of Supervisors of West Whiteland Township shall have the right to refuse to issue a license to any municipal waste collector or to revoke or suspend a license previously issued or refuse to renew the same if said municipal waste collector, his or its agents, servants or employees fail to comply with any provision of this chapter and the regulations adopted hereunder, and all other applicable ordinances and regulations of the Township, Act 97, Act 101 and any other applicable state, federal or local provision of law.
The collection of municipal waste and recyclable materials by the municipal waste contractor and the preparation for collection, storage and disposal 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 Whiteland 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. 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 chapter, or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Supervisors pursuant to this chapter.
B. 
Penalties. Any person who violates or permits the violation of any provision of this chapter, or the regulations adopted hereunder, or any person who engages in unlawful conduct as defined in this chapter, shall be subject to a fine in the amount of at least $25, but not to exceed $1,000, plus all court costs, including reasonable attorney fees incurred by the Township. Each twenty-four-hour period that a violation of this chapter or unlawful conduct as defined in this chapter continues shall constitute a separate offense. Any person who engages in unlawful conduct as defined in this chapter shall, in accordance with applicable provisions of the laws of the commonwealth, be subject to the provisions of Act 101, Chapter 17, as such provisions with respect to enforcement and remedies may apply to such unlawful conduct. Upon a finding of liability for committing said violation, permitting said violation, or engaging in unlawful conduct as defined in this chapter, in a civil enforcement proceeding commenced by the Township, the defendant shall pay the fine plus costs and attorney fees. No judgment shall be imposed until the date of determination of a violation by a 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 6-10-1997 by Ord. No. 257]
C. 
Injunctions. In addition to any other remedy provided in this chapter, Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or of any rules, regulations or resolutions promulgated or issued by the Board of Supervisors pursuant to this chapter.
D. 
Concurrent remedies. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this chapter or otherwise provided at law or equity.
West Whiteland Township and its agents and employees shall have access to and may enter any container, building, property, premises or place where municipal waste or recyclable materials is generated, stored, processed, treated or disposed of for the purpose of making such investigation or inspection as may be necessary to ascertain the compliance or noncompliance by any person with the provisions of this chapter and the rules and regulations promulgated hereunder. In connection with such inspection or investigation, samples may be taken of any solid, semisolid, liquid or contained gaseous material for analysis.
The terms and provisions of this chapter are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof. This chapter shall be construed in pari materia with Act 97, Act 101 and the rules and regulations adopted thereunder.
[Added 10-24-2012 by Ord. No. 402]
A. 
Imposition of fee. There is hereby imposed upon each property located within the Township served by the municipal waste contractor a rate or charge for the collection and removal of recyclable materials payable as hereinafter provided, based upon the rate hereinafter set forth.
B. 
Payment of fee. The owners, jointly and severally, of the property served by the municipal waste contractor shall be responsible for payment of the rates and charges, penalties, interest, costs of collection and reasonable attorneys' fees imposed by this chapter and Chapter 33, Municipal Debt Collection and Attorney Fees, of the Code of the Township of West Whiteland, as may be amended. The bills for the recycling fee provided for in § 264-21 hereof and any other bill applicable to a property shall be mailed by fast-class mail, postage prepaid, to the owner of each property served and having the use of the recycling collection system, to the address set forth in Township records.
[Added 10-24-2012 by Ord. No. 402]
The initial recycling fee shall be $49 per residence per twelve-month period. The Board of Supervisors may amend the recycling fee from time to time by resolution.
[Added 10-24-2012 by Ord. No. 402; amended 3-27-2013 by Ord. No. 404]
Billings for the recycling fee for each twelve-month period shall be made on the first business day of June of each year. Rates shall be paid annually. The bills for the recycling fee under § 264-20 for the twelve-month period during which a property is initially occupied will be prorated on the basis of the applicable rate. All bills shall be due and payable in full within 30 days of their respective billing dates. The Township may annually grant a hardship exemption to pay the recycling fee every six months upon written application by an owner of a residence in accordance with regulations adopted by the Board of Supervisors.
[Added 10-24-2012 by Ord. No. 402]
A. 
Charges for residential recycling collection shall be deemed delinquent and subject to a ten-percent penalty if not paid within 30 days after they are billed. These penalties shall be concurrent with all other remedies, legal and equitable, available to the Township for collection of said fees, including but not limited to municipal lien and assumpsit remedies.
B. 
All owners of property served by the municipal waste contractor must give the Township their correct address for billing purposes. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face value.
C. 
All recycling fees, together with all interest and penalties thereon, not paid on or before 90 days from the date of each bill shall be deemed to be delinquent. All delinquent recycling fees and all penalties thereon shall be a lien against such property in the office of the Prothonotary of Chester County and shall be collected in the manner provided by law for the filing and collection of such liens.
[Added 10-24-2012 by Ord. No. 402]
A. 
The funds received by the Township from the collection of the recycling fees and all penalties thereon, as herein provided for, and any fines collected by the Township in connection therewith shall be segregated, earmarked and deposited in a separate fund, to be designated "Solid Waste Fund."
B. 
The funds received by the Township from the sale of Township disposal bags shall also be deposited in the aforesaid Solid Waste Fund.
C. 
Said funds shall be used only for municipal waste collection and recycling purposes.