[HISTORY: Adopted by the Board of Supervisors of the Township of Westtown as indicated in article histories. Amendments noted where applicable.]
Open burning — See Ch. 63.
[Adopted 6-6-1994 by Ord. No. 94-2]
This article shall be known as the "Municipal Waste and Recycling Ordinance".
The following words, terms and phrases, when used in this article, shall have the meanings hereinafter ascribed to them, except when the context clearly indicates a different meaning:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act adopted by the State of Pennsylvania in 1988.
- Used cans comprised of 100% aluminum.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
- BULK WASTE
- Any discarded items that are of a size such that they cannot be placed in a standard size municipal waste container. Bulk waste shall not include construction debris, hazardous materials, automotive parts, tires or leaves.
- CLEAR GLASS
- Empty bottles, jars and food or beverage containers made of clear transparent glass. Expressly excluded are nonglass, plate glass, blue, green or brown glass, porcelain and ceramic products.
- COLORED GLASS
- Empty bottles, jars and food or beverage containers made of green or brown glass.
- COMMERCIAL PROPERTY/ESTABLISHMENT
- All properties/establishments used for commercial or industrial purposes.
- CONSTRUCTION DEBRIS
- Customary, nonhazardous waste building materials resulting from construction, remodeling, repair or demolition operations.
- CORRUGATED PAPER
- Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- HAZARDOUS WASTE
- Any waste which consists in any part of a 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.
- HIGH-GRADE OFFICE PAPER
- Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper; and computer paper.
- INSTITUTIONAL PROPERTY/ESTABLISHMENT
- Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- MULTIUNIT RESIDENTIAL PROPERTY/ESTABLISHMENTS
- Occupied dwellings having more than four units per structure which do not have separate entrances for each unit onto a public or approved private street and do not have separate facilities for each unit for municipal waste collection. Dwelling units having or attached to a commercial use are included in this category.
- MUNICIPAL PROPERTY/ESTABLISHMENT
- Any facility or building owned or operated by a local government or county government, local government or county government authority, state government or agency or federal government or agency.
- MUNICIPAL RECYCLING PROGRAM
- A source-separation and collection program for municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste or centers for recycling municipal waste or source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes any source-separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from 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 the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. Municipal waste shall also include garden residues, grass clippings, shrubbery and tree trimmings and similar materials, excluding leaves. The term does not include source-separated recyclable materials.
- Includes paper of the type commonly referred to as newsprint and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest, specifically excluding magazines and periodicals.
- Every natural person, firm, corporation, partnership, association or institution.
- RESIDENTIAL PROPERTY/ESTABLISHMENT
- Occupied single-family or multifamily dwelling having no more than four units per structure. Condominiums, townhouses and like dwellings having a separate entrance 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.
- SEPARATION/SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purposes of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
It shall be unlawful for any person to deposit, dump, spill, throw, place or bury, or permit another to deposit, dump, spill, throw, place or bury in or upon any parcel of land, lot, street, highway, gutter or in any alley or in any water or stream or in any quarry or ditch within the limits of the Township of Westtown any municipal waste.
The storage and collection of all municipal waste from residential, multiunit residential, commercial, municipal and institutional properties shall comply with the provisions of this article and such rules and regulations as may from time to time be adopted by resolution of the Township Supervisors.
On and after July 1, 1991, and under the regulations and schedules issued by the township in accordance with the terms of this article, there is hereby established a mandatory recycling program in which township residents and property owners shall participate and which requires the recyclable materials generated within the township and set forth in § 140-7 to be separated from other municipal waste materials stored on the premises where generated until collection.
The provisions of this article establishing a mandatory recycling program shall be applicable to residential property which qualifies to have municipal waste collected by or on behalf of the township.
With respect to residential establishments with more than four units, the owner shall comply by establishing a collection system at its sole cost and expense. The collection system must include suitable containers for the sorting and separation of the recyclable materials in easily accessible locations. The owner must provide written instructions to the occupants of such units stating the materials to be recycled, how the materials are to be prepared and how to use the collection system. The owner must provide for collection of the recyclable materials at least once per month.
Commercial, municipal and institutional establishments shall develop, implement and maintain a recycling program and provide at their sole cost and expense for the separation, storage and collection of the recyclable materials. Owners, operators or administrators of such establishments shall inform and instruct all employees, patrons and residents on the features and requirements of the recycling program. Persons occupying commercial, municipal or institutional establishments may obtain an exemption from the recycling requirements in this article only in accordance with § 1501(c)(1)(iii) of Act 101 of 1988.
Editor's Note: See 53 P.S. § 4000.1501.
All residential properties, including those with more than four units, shall be required to separate for collection at least three materials as set by resolution of the Board of Supervisors. These materials shall be chosen from the following: clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
All commercial, municipal and institutional establishments shall be required to separate for collection high-grade office paper, corrugated paper and aluminum.
All residential, commercial, municipal and institutional establishments shall separate leaf waste from municipal waste and either compost, place for separate collection or otherwise dispose of it in an approved manner.
All municipal waste and materials designated by the township to be recycled shall be collected from residential properties only by the collector/hauler selected by the township as the successful bidder determined through competitive bidding, as allowed by 53 P.S. § 4000.304(c). The selected collector/hauler shall comply with all specifications and regulations adopted by resolution of the Board of Supervisors and shall comply with the licensing requirements in § 140-9.
Residential establishments with more than four units, and commercial, municipal and institutional establishments, shall contract at their sole cost and expense for the collection of municipal waste and the required recyclables. Such establishments may select any collector/hauler licensed by Westtown Township in accordance with § 140-9.
[Amended 10-4-1999 by Ord. No. 99-8]
Only a person licensed by the County of Chester under the Chester County Municipal Waste Flow Control Ordinance may collect municipal waste and recyclables within the township.
All persons licensed by Chester County to collect municipal waste and recyclables within the township shall file annually with the township a copy of the Chester County municipal waste hauler license application required by the County Municipal Waste Flow Control Ordinance, together with all supporting documentation, and a copy of the annual license issued by the county. All material shall be submitted to the township within 30 days of the date of issuance of the annual license.
All persons licensed by Chester County to collect municipal waste or recyclables under § 140-9 shall submit a quarterly report to the township on a form provided by the township or on a form provided by the licensee which includes all of the information required under this § 140-10.
[Amended 10-4-1999 by Ord. No. 99-8]
The report shall contain a list of the establishments in the township, including street addresses, for which the licensee collected municipal waste and/or recyclables.
The report shall give the total weight of municipal waste and the total weight of each recyclable material collected by the licensee in Westtown Township. Weight slips for the waste and recyclables included in the report shall be made available to the township upon request.
Failure to file the required report in a timely manner shall subject the licensee to the penalties provided for in this article.
[Amended 10-4-1999 by Ord. No. 99-8]
There is hereby imposed upon each residential property which qualifies to have such collection made by or on behalf of the township a fee for the collection of municipal waste, recyclables and leaves:
The amount of the fee shall be set by resolution of the Board of Supervisors.
Bills for collection fees shall be the responsibility of the owner of the property and will be mailed to the owner's address on file with the township, unless and until a different address is specified in writing by the owner of such property to the township. Failure of the owner to receive a bill as a result of an incorrect address or otherwise shall not excuse payment of collection fees or extend the time for payment thereof. It shall be incumbent upon all owners of property for which such collection services are provided to notify the township of the correct billing address or any changes thereto.
Collection fees shall be billed in advance for the next calendar quarter on the first of the month preceding the quarter for which the collection service will be rendered.
All quarterly bills shall be due and payable on their respective dates as follows:
Payments shall be made by the 15th day of the second month of the calendar quarter for which the service is billed.
[Amended 6-5-1995 by Ord. No. 95-4]
If paid after the 15th day of the second month of the calendar quarter for which the service is billed, a ten-percent penalty shall be added to the face amount of the bill.
[Amended 6-5-1995 by Ord. No. 95-4]
Payments made, as evidenced by the United States Post Office postmark, on or previous to the last date of a payment period shall be deemed a payment within such period.
All collection fees not paid by the penalty period as determined in this article shall be deemed to be delinquent. This article is adopted pursuant to the Pennsylvania Municipal Claims and Tax Liens Law, 53 P.S. § 7101 et seq., so that all delinquent fees, penalties and charges thereon may be collected by appropriate legal action, including a lien against the property or any manner and by any proceeding otherwise provided by law. A charge as set from time to time by resolution of the Board of Supervisors shall be imposed by the township for filing and legal costs for each property liened. The township may authorize the Solicitor to proceed with the sheriff sale process for the liened property if the account is not paid in full within six months after the lien is filed. At this time, filing and legal costs as set from time to time by resolution of the Board of Supervisors shall be added to the account.
[Amended 4-1-1996 by Ord. No. 96-4]
Municipal waste, recyclables and leaves shall be collected curbside from each residential property which qualifies to have collection made by or on behalf of the township in accordance with the following:
Municipal waste, not less often than once each week.
[Amended 6-21-2004 by Ord. No. 2004-3]
Recyclables, once each week on one of the municipal waste collection days.
Leaves, three times during leaf season.
Bulk waste, once per month on one of the municipal waste collection days.
The scheduled days and routes for the collections in Subsections A, B, C and D shall be set by the collector/hauler selected by the township in accordance with § 140-8A of this article. Notice to residents of the scheduled collection days shall be the responsibility of the collector/hauler. Regulations regarding the preparation and placement of materials for collection shall be set by resolution of the Board of Supervisors.
From the time the recyclable materials herein defined are placed at the curb or other designated place for collection by the township pursuant to the provisions of this article and other rules and regulations adopted thereunder, said recyclable materials shall become and be the property of the township or its assigns.
It shall be a violation of this article 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 any other designated place for collection by the township pursuant to the provisions of this article. Any and each unauthorized collection and violation hereof from one or more residences shall be construed to be separate and distinct offenses punishable as hereinafter provided.
Every six months after the initiation of this recycling program, the township shall notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this article and of the features of the recycling program. The Board of Supervisors may, in its discretion as it deems necessary and appropriate, place an advertisement in a newspaper circulating in the municipality, post a notice in public places where public notices are customarily posted, include a notice with other official notifications periodically mailed to residential taxpayers or utilize any combination of the foregoing.
The collection of municipal waste and recyclable materials by municipal waste collectors and the preparation for 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 Westtown 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.
Every person, whether as owner or occupier of a property within the township, who produces municipal waste, recyclables or like material as referred to in this article, or being responsible for the existence or disposal of such materials, shall be responsible to pay the fees and other charges as provided for herein and shall be the proper subject of the enforcement procedures as provided for herein.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice 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.
The township may enforce the terms of this article by appropriate proceedings in law or equity.
This penalty provision shall not be construed to prevent prosecutions under the Pennsylvania Crimes Code for violations of this article.