This article shall be known and may be cited
as the "Willistown Township Recycling Ordinance."
As used in this article, the following terms
shall have the following meanings:
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by Willistown Township
or conducted within Willistown 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.
LEAF WASTE
Leaves, garden residues, tree limbs and similar materials,
but not including grass clippings.
LICENSED MUNICIPAL WASTE COLLECTOR
Any person collecting, removing or transporting municipal
waste and/or recyclable materials for owners or occupants of property
in Willistown Township and any business or institution within Willistown
Township which generates municipal waste or recyclable materials and
uses its own employees and equipment for the collection, removal or
transportation of municipal waste or recyclable materials. All municipal
waste collectors shall be licensed pursuant to the provisions of the
Willistown Township Municipal Waste Collectors Ordinance.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or 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 residential or hazardous
waste 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.
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 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.
RECYCLABLE MATERIALS
Those materials specified by Willistown Township for collection
in accordance with this article and recycling regulations which may
be promulgated from time to time. Such material may include, but shall
not be limited to, aluminum cans, clear and colored glass containers,
plastic milk and beverage containers and newspapers. The list of recyclable
materials may be changed from time to time by resolution of the Board
of Supervisors of Willistown Township.
RESIDENT
Any person who owns, leases or occupies a property located
in Willistown Township used as a residence.
SOURCE SEPARATION
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
A program for the mandatory source separation
and collection of recyclable materials and waste within Willistown
Township, Chester County, Pennsylvania is established hereby. No person
shall dispose, collect, treat, remove and/or transport municipal waste,
recyclable materials or leaf waste within Willistown Township except
in accordance with this article. The use of a licensed Municipal Waste
Collector will not relieve any person from compliance with this article.
All persons occupying commercial, institutional
and municipal establishments within Willistown Township shall separate
and segregate from municipal waste high-grade office paper, clear
and colored glass, plastic milk and beverage containers, aluminum
containers, corrugated paper and such other materials as may be changed
from time to time by resolution of the Board of Supervisors of Willistown
Township, generated at such establishments; store the materials until
collection for recycling by a licensed municipal waste collector;
make arrangements to have a licensed municipal waste collector collect
and recycle the recyclable materials at a minimum of once every other
week; and annually provide written documentation and certification
to Willistown Township of the total number of tons of materials and
the type of materials recycled. Such persons may comply with the reporting
requirements hereunder by requiring their 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 by the persons who generated them unless and until separated
materials are placed at curbside or similar location and collected
by a licensed municipal waste collector.
From the time of collection of recyclable materials
by a 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 licensed
municipal waste collector. It shall be a violation of this article
for any person not duly authorized by Willistown 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 a licensed
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 municipal waste collectors and the preparation and collection
of municipal waste and recyclable materials by property owners and
residents of Willistown Township shall be made in compliance with
the regulations to be adopted by the Board of Supervisors of Willistown
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. Said rules and regulations may be amended, modified or
repealed by resolution of the Board of Supervisors.
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 RS. § 4000.101 et
seq., and the rules and regulations adopted thereunder.