[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.]
This chapter shall be known and may be cited
as the "West Whiteland Township Municipal Waste Collection and Recycling
Ordinance."
[Amended 12-8-1998 by Ord. No. 278; 10-23-2001 by Ord. No. 301; 10-24-2012 by Ord. No. 402; 2-9-2022 by Ord. No. 467[1]]
The following terms shall have the following
meanings in this chapter:
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.
Municipal Waste Planning, Recycling and Waste Reduction Act
— Sunset for Recycling Fee and for Performance Grants for Municipal
Recycling Programs, Act of November 9, 2006, P.L. 1347, No. 140, CI.
27, Session of 2006, No. 2006-140.
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
Large items of refuse require collection in other than conventional
compactor refuse collection vehicles. Bulk waste, as determined by
the waste hauler, 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.
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. Burning of trash or refuse materials is prohibited per Chapter 118, Burning, Open, of the West Whiteland Township Code of Ordinances.
All properties and/or establishments used for commercial
or industrial purposes.
The plastic bag used for the collection of municipal waste
in the Township which shall bear an identification mark established
by the Township. This bag shall be the only bag used in the Township's
Pay-As-You-Throw Program.
Any property and/or establishment engaged in service, including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
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.
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.
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.
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.
The contractor of West Whiteland Township pursuant to Section
304(c) of Act 101[2] 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.
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.
Township residential households pay an annual fee (as per
the annual fee resolution) to the Township for curbside pickup of
trash and recycling. PAYT participants buy special West Whiteland
Township trash bags based on their use of the program. All nonrecyclable
items must be placed in these bags to be collected. Recyclable items
go in sturdy-sided bins or totes.
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.
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.
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. The list of recyclable
materials may be changed from time to time as deemed necessary.
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.
Any person which owns, leases or occupies a property located
in West Whiteland Township used as a residence.
An annual fee imposed and billed by the Township to all owners
of residences which, by authority of this chapter, participate in
the PAYT program. The owner of each participating residence is responsible
for paying the fee and ensuring compliance with the PAYT program.
Leaves, garden residues, shrubbery and tree trimmings, branches,
and similar materials, but not including grass clippings.
[Amended 2-9-2022 by Ord. No. 467]
There is hereby established a program for the
mandatory source separation and collection of recyclable materials
and yard debris within West Whiteland Township, Chester County, Pennsylvania.
[Amended 12-8-1998 by Ord. No. 278; 2-9-2022 by Ord. No. 467]
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.
B.
Residential collection. The collection of allowable
recyclable materials from all residences within the Township shall
be made by a 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 pickup by a 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.
D.
The residents of the townhouse communities listed on the annual solid waste trash and recycling fee resolution are exempt 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. These communities provide trash/recycling services via their respective homeowners' associations. All other communities, other than those sited as multiunit residential properties in Subsection C above must participate in the PAYT program.
A.
Separation. All residents of West Whiteland Township
shall separate yard debris from all municipal waste generated at their
residences.
B.
Collection. When collection has been scheduled by
the Township, yard debris 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 yard debris by composting shall not be
required to comply with the provisions of this subsection.
C.
Prohibition. No person shall place yard debris in
containers used for the separation and collection of municipal waste
or recyclable materials.
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; 2-9-2022 by Ord. No. 467]
All persons occupying commercial, institutional,
non-PAYT residential areas, and municipal establishments within West
Whiteland Township shall separate 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 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.
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 collection. "Front yard" shall mean
the area between the street line and the first building on the lot.
[Amended 2-9-2022 by Ord. No. 467]
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]
[Amended 12-8-1998 by Ord. No. 278; 2-9-2022 by Ord. No. 467]
A.
All municipal waste generated at residences throughout the Township
shall be collected by the municipal waste contractor, unless exempted
by this chapter.
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 sold by the Township through local retailers 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 are available at local commercial establishments throughout the Township as set forth in § 264-13 of this chapter.
D.
Townhouse properties. The residents of townhouse communities as indicated in § 264-4, acting by and through a duly constituted homeowners' association, are 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 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 yard waste by a waste collector, in full compliance with this chapter and Act 101, and provides to the Township, or designee, 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 2-9-2022 by Ord. No. 467]
The Township disposal bags are available 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.
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.
[Amended 2-9-2022 by Ord. No. 467[1]]
West Whiteland Township and its agents and employees shall have
access to and may open any container, where municipal waste or recyclable
materials have been placed out for collection, 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.
[1]
Editor's Note: This ordinance also repealed former § 264-17,
Right of entry; inspections.
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; amended 2-9-2022 by Ord. No. 467]
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; amended 2-9-2022 by Ord. No. 467]
The recycling fee shall be set by the Township's annual
fee resolution 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; 2-9-2022 by Ord. No. 467]
A.
Annual billings for the recycling fee for each twelve-month period shall be made in June of each year. 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. Any bills not paid in full within 30 days of issuance will be assessed an additional late fee in the amount of 10% of the past-due amount. The Township offers an installment payment option, with the annual amount payable over three equal payments.
B.
Vendors will be billed for the purchase of West Whiteland Township
trash bags. All bills shall be due and payable in full within 30 days
of their respective billing dates. Any bills not paid in full within
30 days of issuance will be assessed an additional late fee in the
amount of 10% of the past-due amount.
[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.
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. Bills are sent to the parcel address. An owner may
provide the Township with an alternative mailing address, and a duplicate
bill will be sent there as well as the parcel address.
[Amended 2-9-2022 by Ord.
No. 467]
C.
All trash and 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 trash and 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.
[Amended 2-9-2022 by Ord.
No. 467]
[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 and the support of the municipal waste and recycling
program.
[Amended 2-9-2022 by Ord.
No. 467]
