[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-20-1989 by Ord. No. 89-05]
This article shall be known as the "Solid Waste
Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
All manure and other nonhazardous waste matter normally accumulated
in or about a stable, or any animal, livestock or poultry enclosure,
as the result of the keeping of animals, poultry or livestock.
Stoves, refrigerators, water tanks, washing machines, furniture,
mattresses not containing hazardous materials and all other nonhazardous
waste materials other than construction debris.
Bulk waste pickup shall be limited to six of the bulk waste
items listed above, each of which items shall be easily handled by
two adult persons.
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations.
The transportation of waste to an incinerator, sanitary landfill,
resource recovery facility or other lawful site, and making final
disposition.
Every accumulation of nonhazardous, noncontaminated waste
(animal, vegetable and/or other matter) that results from the preparation,
processing, consumption, dealing in, handling, packaging, canning,
storage, transportation, decay or decomposition of meats, fish, fowl,
birds, fruits, grains or other animal or vegetable matter including,
but not by way of limitation, used tin cans and other food containers,
and all putrescible or easily decomposable waste animal or vegetable
matter which is likely to attract flies or rodents.
Any chemical, compound, mixture, substance or article designated
by a federal agency, including the United States Environmental Protection
Agency, 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.
Any natural person, association, partnership, firm or corporation.
Nonhazardous materials having monetary value in the secondary
materials market. These materials include, but are not limited to,
aluminum cans and other aluminum articles, bimetal cans, glass containers,
corrugated paper (cardboard and paper boxes), magazines, newspapers,
computer printout paper, computer tab cards, office paper, steel cans
and paper products not chemically coated.
All solid waste (excluding human body waste) generated within
the Township.
All garbage generated within a single-family residential
unit located within the Township.
A building within the Township occupied exclusively as a
residence for only one family.
A.
Storage and collection. The storage and collection
of all residential refuse from single-family residential units shall
comply with the following:
(1)
All residential refuse except tree trimmings, grass
cuttings, dead plants, weeds, leaves and dead trees or branches thereof
which shall be securely bundled, bagged or contained as follows:
(2)
All refuse shall be drained free of liquids before
storage for collection.
(3)
Garbage shall be adequately and securely wrapped in
paper or similar material so as not to become unwrapped in the disposal
process.
(4)
All cans, bottles or other food containers shall be
drained and, where appropriate, cleaned before storage for collection.
(5)
It shall be unlawful to permit the accumulation of
residue of liquids, solids, or a combination of such material on the
bottom or sides of containers. The interior of containers shall be
kept clean by thorough rinsing, draining, and disinfecting as often
as is necessary in order to prevent odor and accumulation of residue.
(6)
Each refuse container shall be securely closed and
placed at curbside by 5:30 a.m. on days designated by the Township
for collection. "Curbside" refers to that portion of right-of-way
adjacent to Township roads or approved private roads. Containers shall
be placed as close to the roadway as practicable without interfering
with or endangering the movement of vehicles or pedestrians, including
sight obstruction.
(8)
The storage of all solid waste shall be practiced
so as to prevent the attraction, harborage, or breeding of vectors,
insects and/or rodents, and to prevent conditions in any way harmful
to the public health or which create safety hazards, odors, unsightliness
or public nuisances.
C.
Collection fees.
(1)
The East Brandywine Board of Supervisors shall establish
the annual fee for the collection of residential refuse as part of
the Township's annual budget.
(2)
Regular collection fees as established by the Supervisors shall be billed in January of each year and shall be paid as provided in Subsection C(3) of this section, except that persons may elect to pay such fee in two installments, in which case an administrative charge shall be paid with the first installment in an amount of 10% of the total collection fee. The second installment shall be paid on or before June 15 of each year.
(3)
Collection fees shall be subject to a 10% penalty
if not paid within 30 days after they are due. If not paid after said
30 days, interest at the rate of 1% per month or fraction thereof
shall be charged on the fee and penalty. All fees, together with all
penalties, charges and interest thereon, not paid within six months
from the date the fees became due shall be deemed to be delinquent.
All delinquent collection fees and all penalties, charges and interest
thereon may be liened against the property at which service was received
and collected in accord with the Municipal Lien Law[3] or other legal proceedings.
[3]
Editor's Note: The Municipal Claims and Liens
Act is codified as 53 P.S. § 7101 et seq.
A.
Storage and collection.
(1)
Every owner of a commercial or industrial establishment
or of multifamily residential dwellings or any premises other than
a single-family residential dwelling shall provide for the storage
and collection of refuse as provided for in this section.
(2)
The premises as defined in Subsection A(1) above shall have proper refuse containers which shall be made of durable, watertight, rust-resistant material having a close-fitted lid and any necessary handles to facilitate collection. Any cracked, rusted or otherwise improper container shall constitute a public nuisance, and shall be removed from the premises on or before the next collection day.
(3)
All refuse shall be drained free of liquids before
storage for collection.
(4)
Garbage shall be adequately and securely wrapped in
paper or similar material so as not to become unwrapped in the disposal
process.
(5)
All cans, bottles, or other food containers shall
be drained and, where appropriate, cleaned before storage for collection.
(6)
It shall be unlawful to permit the accumulation of
residue of liquids, solids or a combination of such material on the
bottom or sides of containers. The interior of containers shall be
kept clean by thorough rinsing, draining, and disinfecting as often
as is necessary in order to prevent odor and accumulation of residue.
(7)
The storage of all solid waste shall be practiced
so as to prevent the attraction, harborage, or breeding of vectors,
insects and/or rodents, and to prevent conditions in any way harmful
to the public health or which create safety hazards, odors, unsightliness
or public nuisances.
(8)
It shall be unlawful to place or dispose of refuse
unless such refuse is placed in an approved container, as provided
for in this article.
A.
It shall be unlawful to dump, burn, bury, destroy,
process or otherwise dispose of any refuse within the boundaries of
the Township of East Brandywine except in accordance with this article
and the Pennsylvania Department of Environmental Protection and consistent
and in compliance with the Chester County Solid Waste Management Plan,
as from time to time amended.
B.
Untreated agricultural wastes may, however, be spread
in thin layers and plowed under in conformity with sound and lawful
agricultural practices.
C.
Leaves, trees and other vegetation wastes may not
be burned in the Township of East Brandywine except with specific
written prior approval of the Fire Marshal of East Brandywine Township.
D.
Individuals may operate lawful and safe leaf-composting
facilities. Only shrubbery, tree trimmings, leaves, garden residues
and other similar vegetative material which have been adequately shredded
or chipped may be brought to or received by a leaf-composting facility.
A.
Only a person licensed by East Brandywine Township
may collect refuse within East Brandywine Township.
B.
A license shall be valid for one year and may be renewed
upon application and approval.
C.
Application for a license shall be made on a form
prescribed by the municipality and submitted at the Township office,
accompanied by the licensing fee established by the Board of Supervisors
of East Brandywine Township in the Fee Schedule.[1]
[1]
Editor's Note: Current Fee Schedule is on file in the Township
offices.
D.
Licenses are not transferable from one collector to
another, or from one vehicle to another.
E.
Township shall issue or refuse to issue a license
to an applicant within 30 days from the Township's receipt of the
properly completed application and license fee.
F.
Applicants for an East Brandywine Township Refuse
Collection permit must furnish the following information:
(1)
The makes, models, license plate numbers and sizes
of each of the vehicles to be used for collection and transportation
of refuse.
(2)
The locations, addresses, hours of business, and telephone
numbers of the collector's business offices to receive calls, visits
or correspondence from persons in the municipality who receive collection
service.
(3)
A certificate of workers' compensation insurance as
required by law.
(4)
A certificate of insurance coverage evidencing liability
insurance: general public liability insurance (nonautomotive) for
bodily injury and property damage in the amount of $500,000 per occurrence,
but with aggregate limit of $1,000,000; automotive liability insurance
for bodily injury and property damage in the amount of $500,000; and
umbrella excess liability coverage in the amount of $1,000,000, during
the effective dates of the license, or any renewal thereof, in order
to protect and save the Township harmless against any and all claims
for damages to persons or property arising from the collection of
refuse. Further, the collector shall name the Township as co-insured
on the aforesaid policies and supply said Township with a copy thereof.[2]
(5)
The PA DEP approved disposal site(s) where the waste
will be taken. The disposal site(s) shall be listed on the permit.
(6)
Any other relevant information which the Township
deems necessary for the issuance of a permit.
G.
All vehicles licensed for the collection or transportation
of refuse in East Brandywine Township shall:
(1)
Comply with all applicable federal, state and local
regulations and shall have safety devices, including but not limited
to the following: adequate exterior rear-view mirrors, backup lights,
four-way emergency flashers; easily accessible first-aid equipment;
easily accessible fire extinguisher; and adequate audible reverse
warning device. If crew members ride outside the cab of the vehicle,
adequate handholds and standing platforms to safeguard against slipping
shall be provided.
(2)
Have watertight, enclosed metal bodies constructed
in a fashion to permit complete cleaning of all residue waste, and
equipped with motorized compaction devices.
(3)
Be maintained in good condition and kept clean to
prevent odor and propagation or attraction of vectors.
(4)
Bear the identification number of the Township license,
together with sequential vehicle numbering in a conspicuous location
on the exterior of the vehicle.
H.
Failure of a licensed collector to comply with the
provisions of this article shall result in the revocation of the license.
I.
In the event of conflict between the provisions of
this section and the provisions of any contract which the Township
might let for refuse collection, such contract provisions shall prevail
and be applicable to all collectors to be licensed pursuant to this
article.
Every person producing waste, refuse, garbage
or like material as referred to in this article, or being responsible
for the existence or disposal of such material, or for whom such material,
or being the owner of the premises on which such material is in existence
or is produced, or which accumulations require removal, shall be responsible
to pay the fees and other charges provided for herein, and shall be
the proper subject of the enforcement procedures as provided for herein.
A.
Any person who shall violate any provision of this
article shall, upon conviction by a Magisterial District Judge, be
subject to civil enforcement and sentenced to pay a fine not less
than $50 and not exceeding $600 for each violation, plus the costs,
fees and attorney's fees assessed.[1]
B.
Each day's continuance of a violation of this article
shall constitute a separate offense.
C.
The Township may enforce the terms of this article
by appropriate proceedings in law or equity.
[Adopted 11-20-1991 by Ord. No. 91-01]
This article shall be known as the "Recycling
Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
Empty containers made and fabricated of aluminum and most
commonly used as beverage and food containers.
Empty food or beverage containers made from two metals; usually
consisting of ferrous sides and bottom and an aluminum top.
Those properties used primarily for commercial or industrial
purposes.
Any event sponsored or organized within a mandated municipality
by a public or nonprofit organization for recreational, educational
or civic purposes, which will be attended by 200 or more individuals
per day.
[Added 3-18-1992]
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Empty food or beverage containers made primarily from steel
or tin.
Products made from silica or sand, soda ash and limestone,
the product being transparent, translucent, or colored, and being
used for packaging or bottling of various matter or liquid; commonly
known as glass, specifically including clear, green or brown glass
and specifically excluding non-container glass, plate glass, blue
glass and porcelain or ceramic products.
Any bond, copier, letterhead or mimeograph paper typically
sold as "white ledger" or "ledger" paper; and computer paper.
Leaves and garden wastes, excluding shrubbery and tree trimmings,
grass clippings, and agricultural wastes.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals, often printed on paper with a shiny
or wax-coated surface.
Those properties used for multifamily residential buildings
containing three or more dwelling units.
Those properties used for East Brandywine Township offices
or facilities.
Paper of the type commonly referred to and known as newsprint
and distributed at fixed intervals, having printed thereon news and
opinions, containing advertisements and other matters of public interest;
expressly excluded, however, are newspapers which have been soiled.
Empty containers made and fabricated of plastics labeled
with the plastics recycling logo 1 and 2 and most commonly used as
beverage and food containers. Due to the large variety of types of
plastics, Township recycling regulations, which may be promulgated
from time to time, may further stipulate specific types of plastics
which may be recycled.
Materials having an economic value in the secondary materials
market. As defined in this article, those materials specified by the
Township for collection in accordance with this article and recycling
regulations which may be promulgated from time to time. Such materials
include aluminum cans, newspapers, plastic containers with the plastics
recycling logo 1 and 2, and green, brown and clear glass containers.
For commercial, industrial, institutional and municipal establishments,
this list shall include corrugated paper and high-grade office paper.
The list of recyclable materials may be changed from time to time
by the Township.
Any occupied single-family detached or two-family dwelling
from which a municipal or private hauler collects solid waste.
All refuse (garbage and rubbish) and other discarded solid
material normally collected by municipal or private haulers.
There is hereby established a program for the
mandatory separation and collection of recyclable materials from solid
waste by all persons within the Township of East Brandywine. Collection
of the materials to be recycled shall be made periodically by the
Township or its designated agent for recycling purposes. This article
is ordained pursuant to the requirements of Act 101, The Municipal
Waste Planning, Recycling and Waste Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.
Public notice shall be given at least 30 days prior
to the initiation of the Township's Curbside Recycling Program.
B.
In addition, and pursuant to Act 101, Section 1501(d),[1] the Township will provide periodic public notice of the
programs' components and requirements every six months after the effective
date of this article. Such notice may take the form of a leaflet,
be included as a notice in the Township's newsletter, be advertised
in a local newspaper, or take any other form deemed appropriate by
the Township to notify residents, businesses, and institutions of
the requirements of the recycling program.
[1]
Editor's Note: See 53 P.S. § 4000.1501(d).
The Township may establish and promulgate, from
time to time, rules and regulations relating to the separation, preparation,
placement and collection of recyclable materials and any other matters
required to implement this article, provided, however, such rules
and regulations shall be approved by the Board of Supervisors. The
Township may change, modify, repeal or amend any portion of said rules
and regulations at any time.
Recyclable materials shall be placed at the
curb, or other designated areas as approved by the Township, separate
from solid waste for collection at such times and dates as may be
hereinafter established by regulation. Regulations regarding commercial,
industrial, multi-family, institutional and municipal establishments
shall be established pursuant to this article and in accordance with
Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
From the time of placement of recyclable materials at the curb or other approved areas for collection by the Township or its designated agent, pursuant to this article and any rules and regulations adopted hereunder, the recyclable materials shall become the property of the Township or its authorized agent, except as otherwise provided by § 218-17 of this article.
It shall be a violation of this article for
any person, unauthorized by the Township, to collect or pick up or
cause to be collected or picked up any recyclable material placed
at the curb or other approved areas for collection by the Township
or its designated agent. Each and every such unauthorized collection
in violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
Any person may donate or sell recyclable materials
to another person provided the materials are either delivered to the
person receiving the materials or the person receiving the materials
collects the donated or sold materials.
A.
Any action by any person which violates or does not comply with the provisions of this article or regulations thereof shall receive an official written warning of noncompliance for the first offense. Convictions for second and subsequent offenses shall be punishable by fines not to exceed $600, plus costs of prosecution for each offense. The above offenses and fines shall not be applicable to a first or subsequent conviction for § 219-16 hereof which shall be punishable by a fine not to exceed $600, plus costs of prosecution for each offense. No enforcement of §§ 218-11 and 218-14 of this article shall be made until three months from the effective date of regulations authorized to be promulgated hereunder.[1]
B.
The Township or its designated agent reserves the
right not to collect municipal solid waste containing recyclable materials
in combination with nonrecyclable materials.
The Township may enter into agreements with
public or private agencies or firms to authorize them to collect all
or part of the recyclable materials from curbside or other approved
areas. In the event the Township enters into such agreements, the
agency or firm authorized to collect such recyclables shall submit
to the Township on a quarterly basis a report of the total tons of
material recycled. Until or unless the entry into such an agreement,
this article shall not be in effect.
Recycling operations for which contracts were
executed prior to the effective date of this article need not conform
to the requirements of this article and any rules and regulations
pursuant thereto. New contracts or contract renewals executed after
the effective date of this article are required to be consistent with
the requirements of this article and the rules and regulations pursuant
thereto.
