[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 12-13-1993 by Ord. No. 93-11; amended in its entirety 12-9-1996 by Ord. No.
96-18. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 166.
This chapter shall be known as and be cited
as the "Uwchlan Township Municipal Waste Collection and Recycling
Ordinance."
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.
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 such as furniture, rugs, mattresses, television
sets, washers, dryers, refrigerators, stoves, hot water heaters, bicycles
and other like items. Bulk waste shall not include construction material,
concrete, automotive parts, cans of wet paint or leaf waste.
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.
[Added 10-22-2001 by Ord. No. 2001-19]
Leaves.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semi-solid 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 from owners or occupants of property in Uwchlan
Township, and any business or institution within Uwchlan Township
which generates municipal waste or recyclable materials and uses its
own employees and equipment for the collection or transportation of
municipal waste or recyclable materials. All municipal waste collectors,
as defined herein, shall be licensed pursuant to the provisions of
this chapter.
The contractor of Uwchlan Township pursuant to § 304(c)
of Act 101 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.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
[Added 10-22-2001 by Ord. No. 2001-19]
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 the 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.
Those materials specified by Uwchlan Township for collection
in accordance with this chapter and recycling regulations which may
be promulgated from time to time. Such material may include, but shall
not be limited to, aluminum and bimetal cans, clear and colored glass
containers, plastics, mixed paper and newspaper. The list of recyclable
materials may be changed from time to time by resolution of the Board
of Supervisors of Uwchlan Township.
Any occupied single or multifamily structure having up to
and including four dwelling units per structure, or each dwelling
unit in a multifamily structure, if the units are individually owned,
with a separate entrance onto a public or approved private street.
Any person who owns, leases or occupies a property located
in Uwchlan Township used as a residence.
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
Garden residues, shrubbery and tree trimmings, and similar
materials, but not including grass clippings.
There is hereby established a program for the
mandatory source separation and collection of recyclable materials
and leaf waste within Uwchlan Township, Chester County, Pennsylvania.
No person shall store, collect, transport or dispose of recyclable
materials or leaf waste within Uwchlan Township except in accordance
with this chapter. The use of a municipal waste collector will not
relieve any person from compliance with this chapter.
A.Â
Recyclable materials. All recyclable materials shall
be separated from all municipal waste generated within Uwchlan Township.
When placed at the curb for collection in accordance with the provisions
of this chapter, recyclable materials shall be placed in reusable
containers which clearly identify the contents as recyclables, or
otherwise in accordance with the rules and regulations adopted hereunder.
B.Â
Leaf waste. All leaf waste shall be separated from
all municipal waste generated within Uwchlan Township. When placed
at the curb for collection in accordance with the provisions of this
chapter, leaf waste shall be placed in paper biodegradable bags, or
otherwise in accordance with the rules and regulations adopted hereunder.
Any person who otherwise provides for the proper disposal of leaf
waste by composting shall not be required to comply with the provisions
of the subsection.
C.Â
Yard waste. All yard waste shall be separated from
all municipal waste generated within Uwchlan Township. When placed
at the curb for collection in accordance with the provisions of this
chapter, yard waste shall be placed in paper biodegradable bags, or
otherwise in accordance with the rules and regulations adopted hereunder.
Any person who otherwise provides for the proper disposal of yard
waste by composting shall not be required to comply with the provisions
of the subsection.
D.Â
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. Leaf
and yard waste shall be collected from such residences by the municipal
waste contractor in accordance with the rules and regulations adopted
hereunder.
E.Â
Multifamily rental residential properties. An owner,
landlord or agent of an owner or landlord of multifamily rental housing
properties with four or more units may comply with their responsibilities
under this chapter by establishing a collection system for recyclable
materials at each property and pickup 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 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 or landlords who comply with this chapter under this subsection
shall not be liable for the noncompliance of occupants of their buildings.
All persons occupying commercial, institutional
and municipal establishments within Uwchlan 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 Uwchlan 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 Uwchlan Township
of a 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
said documentation and certification directly to the Township.
Nothing in this chapter or any regulation promulgated
pursuant hereto shall be deemed to impair the ownership of recyclable
materials by the person 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 the chapter for any person
not 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 the chapter. Any and each such unauthorized
collection in violation hereof from one or more properties shall constitute
a separate and distinct offense punishable as hereafter provided in
this chapter.
All municipal waste generated in Uwchlan Township,
Chester County, Pennsylvania, shall be stored, collected, transported
and disposed of in accordance with this chapter. No person shall store,
collect, transport and dispose of municipal waste within Uwchlan Township
except in accordance with this chapter. The use of a municipal waste
collector will not relieve any person from compliance with this chapter.
A.Â
All municipal waste generated at residences throughout
the Township shall be collected by the municipal waste contractor.
The residents of townhouse properties acting by and through a duly
constituted homeowners' association may be exempted by the Board of
Supervisors from the requirements of this subsection regarding the
collection of municipal waste by the municipal waste contractor upon
written application to the Board of Supervisors. Any such approval
shall be subject to the following.
(1)Â
On the effective date of this chapter, said homeowners'
association must have complied with all of the following requirements:
(a)Â
The homeowners' association must have a valid
existing, written contract with a municipal waste collector for collection
services. A copy of the contract must be submitted with the application.
(b)Â
The homeowners' association must in fact provide
such collection services to its residents.
(c)Â
The homeowners' association must in fact pay
the contractor directly for such services from assessments to each
individual resident.
(2)Â
The municipal waste collector must duly obtain a municipal
waste collector's license from the County of Chester and must remain
in full compliance with the terms and conditions of the license and
this chapter.
(3)Â
The homeowners' association must establish and enforce a collection system for recyclable materials and leaf waste at each residence in accordance with § 205-4 of this chapter, including pickup by the licensed municipal waste collector.
(4)Â
The homeowners' association must yearly provide written
documentation and certification to the Township of the total number
of tons of materials and the types of materials recycled.
B.Â
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 the rules and regulations adopted
hereunder.
C.Â
When placed at the curb for collection, municipal
waste shall be stored in closed watertight containers. The maximum
number of containers authorized for placement at the curb for each
collection day and the maximum capacity of each container shall be
in accordance with the rules and regulations adopted hereunder.
A.Â
The fee for collection of municipal waste and recyclable
materials for a residential property as provided for in this chapter
shall be as from time to time established by resolution of the Board
of Supervisors or in accordance with any contract between the Township
and a successful bidder for the collection/hauling/recycling services
for residential properties, as the case may be. Such collection fees,
together with any Township administrative fees to be established from
time to time by the Board of Supervisors, shall be charged directly
to the property owner, who shall promptly pay the same in accordance
with the terms of the statement.
B.Â
Fees shall be billed quarterly to the owner of each
residence by the Township. The bills for regular collection for the
quarterly period during which the property is first provided collection
services will be prorated on the basis of the applicable rate. All
bills shall be due and payable on their respective dates.
A.Â
Penalties, interest, costs, and attorneys' fees for
delinquent accounts.
[Amended 4-12-2004 by Ord. No. 2004-04]
(1)Â
All collection service charges not paid in full by
the due date shall be deemed to be delinquent. A penalty of 10% of
the amount of the collection service charge shall be added to the
charge if not paid by the due date.
(2)Â
The amount of the collection service charge and penalty
shall bear interest from the due date at the rate of 10% per annum
until paid.
(3)Â
Collection procedures shall be commenced for all accounts
delinquent over three months or exceeding $500. The Township shall
charge an administrative fee as set from time to time by resolution
of the Board of Supervisors for starting collection procedures, which
shall be added as costs to the amount of the delinquent account.[1]
(4)Â
The Township may terminate collection service to any
property where the payment of collection service charges has not been
paid by the due date. Collection service shall not be restored until
all delinquent charges, penalties, costs, interest, attorneys' fees,
and the cost of shutting off and restoring service have been paid
in full.
(5)Â
The penalties, interest, costs and charges set forth
above shall be in addition to all other legal and equitable remedies
available to the Township to collect delinquent accounts, including
but not limited to municipal lien and assumpsit remedies. The amounts
of the penalties, interest, costs and charges set forth above may
be changed from time to time by resolution of the Township Board of
Supervisors.
(6)Â
All collection service charges not paid by the due
date, and all penalties, interest, costs, charges and attorneys' fees
thereon, shall be a lien against the delinquent property and shall
be filed as a lien in the Office of the Prothonotary of Chester County
and shall be collected in the manner provided by law for filing and
collection of such liens.
(7)Â
The delinquent account holder shall also be responsible
for all legal fees incurred by the Township in collecting the account
in accordance with a schedule enacted from time to time by Township
ordinance.
(8)Â
All liens for delinquent accounts filed as of the
effective date of this chapter shall be amended to include interest
at the statutory rate of 10% per annum beginning on the date of the
delinquency until paid.
B.Â
All persons receiving collection services by the municipal
waste contractor shall provide the Township their correct address.
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.Â
The Township shall have the right to cut off collection
services from the delinquent premises and not to restore the same
until all delinquent bills against the same and the cost of discontinuing
and restoring service shall have been paid. 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.
A.Â
No person shall place municipal waste in containers
used for the collection of recyclable materials.
B.Â
No person shall place designated recyclable materials
in containers used for the collection of municipal waste.
C.Â
No person shall store municipal waste outside of an
enclosed building in other than closed watertight containers.
D.Â
No person shall place containers for municipal waste
or recyclable materials at the curb or in the front yard of any lot,
except during the period beginning at 6:00 p.m., prevailing time,
on the day prior to the scheduled collection and ending at midnight
on the day of the scheduled collection. Front yard shall mean the
area between the street line and the first building on the lot.
E.Â
No person other than the occupants of the property
on which containers for municipal waste are stored or the authorized
municipal waste contractor or collector, as the case may be, shall
remove the covers of, or any of the contents of, the containers.
F.Â
No person shall place, store, collect, transport or
dispose of municipal waste generated at his or her residence in any
container for municipal waste located at a different property than
the residence where the municipal waste was first generated.
G.Â
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.
H.Â
No municipal waste or recyclable materials shall be
deposited on highways, streets, alleyways, sidewalks, vacant lots,
or public grounds nor be thrown into any culvert, storm sewer, drainage
system, stream or other body of water.
I.Â
No person may permit the open burning of recyclable
materials or leaf waste.
[Added 10-22-2001 by Ord. No. 2001-19]
A.Â
General provision. It shall be unlawful for any municipal
waste collector to collect and transport municipal waste or recyclable
materials within Uwchlan Township without a license first had and
obtained from the County of Chester. As a condition of this chapter,
the municipal waste collector shall provide for the collection of
recyclable materials, leaf waste and yard waste, including written
quarterly reports to the Township of the materials recycled.
B.Â
License requirement. All municipal waste collectors
shall obtain a license therefor on application to the County of Chester.
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 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 Uwchlan Township, in strict conformance with this chapter.
C.Â
Collection of recyclable materials, leaf and yard
waste.
(1)Â
Except as provided hereinbelow, and as a condition
to collect in Uwchlan Township, the municipal waste collector shall
establish a program for the collection and transportation of recyclable
materials, leaf and yard waste, which shall at minimum comply with
the following:
(a)Â
Provide for the collection of designated recyclable
materials from each multifamily 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.
(b)Â
Establish procedures for the storage and collection
of recyclable materials, and provide persons served adequate notification
of the procedures.
(c)Â
Provide for the collection of leaf waste and
yard waste.
(d)Â
Establish procedures for the separation, storage
and collection of leaf and yard waste, and provide persons served
adequate notification of the procedures.
(e)Â
Issue warning notices of violations on forms
provided by the Township to persons served failing to comply with
procedures for the storage and collection of recyclable materials
and leaf waste, and provide a copy of any such warning to the Township.
(f)Â
Provide quarterly 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.
D.Â
Prohibitions. It shall be unlawful and a violation
of this chapter for any municipal waste collector to:
(1)Â
Collect or transport any municipal waste, recyclable
materials, leaf waste or yard waste from any person failing to source-separate
said materials in violation of this chapter and regulations adopted
hereunder.
(2)Â
Collect or transport any municipal waste, recyclable
materials, leaf waste or yard waste from any residence served by the
municipal waste contractor in violation of this chapter and regulations
adopted hereunder.
(3)Â
Co-mingle any designated recyclable material, leaf
waste or yard waste collected within the Township with any municipal
waste.
(4)Â
Fail to provide for the proper disposition of any
municipal waste, recyclable materials, leaf waste or yard waste collected
or transported within the Township.
(5)Â
Commence the collection of municipal waste, recyclable
materials, leaf waste or yard waste from any property within Uwchlan
Township prior to 6:00 a.m.
(6)Â
Load or operate any vehicle within the Township or
transport municipal waste, recyclable materials, leaf waste or yard
waste within the Township in such a manner as to allow municipal waste,
recyclable materials, leaf waste or yard waste to fall upon the public
roads or upon land abutting the public roads in the Township.
(7)Â
Fail to replace the containers with their lids or
covers in place at the location of collection in an orderly manner.
(8)Â
Otherwise create a public nuisance.
E.Â
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 for 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, yard 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 creation
of other nuisances. The collection equipment and transportation vehicles
shall be kept in an clean and sanitary condition.
F.Â
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 Chester County Commissioners 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.
G.Â
Compliance. The municipal waste/recycling hauler shall at all times comply with all the provision of this chapter and the regulations adopted hereunder, including but not limited to the recycling and reporting requirements set forth in § 205-13E of this chapter, 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.Â
Grant, suspension or revocation of collection privileges.
The Board of Supervisors of Uwchlan Township shall have the right
to refuse to allow a hauler to operate in Uwchlan Township 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 regulation
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 any municipal waste collector, including but not limited
to the municipal waste contractor, and the preparation for collection
of municipal waste and recyclable materials by persons, property owners
and residents of the Township shall be made in compliance with the
regulations to be adopted by the Board of Supervisors of Uwchlan Township
to carry out the intent and purpose 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.Â
Unlawful conduct; public nuisance. It shall be unlawful
and a public nuisance for any person to violate, cause to assist in
the 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.Â
Penalties. Any person who violates or permits the
violation of any provisions of this chapter or of the regulations
adopted hereunder, or any person who engages in unlawful conduct as
defined in this chapter, shall be subject to a fine in an amount not
to exceed $1,000, plus all court costs, including reasonable attorneys'
fees, incurred by the Township. Each twenty-four period that a violation
of this chapter continues shall constitute a separate offense punishable
by a like fine or penalty. Upon a finding of liability for committing
said violation, in a civil enforcement proceeding commenced by the
Township, the defendant shall pay the fine, plus all court costs,
including attorneys' fees. No judgment shall be imposed until the
date of determination of a violation by a Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgement, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.[1]
C.Â
Injunction. In addition to any other remedy provided
in this chapter, Uwchlan 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 any rules,
regulations or resolution promulgated or issued by the Board of Supervisors
pursuant to this chapter.
D.Â
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 provided at law or equity.
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.
