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:
ACT 101
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.
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
BULK WASTE
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.
BURNING
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]
MUNICIPAL WASTE
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.
MUNICIPAL WASTE COLLECTOR
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.
MUNICIPAL WASTE CONTRACTOR
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.
OPEN BURNING
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]
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 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.
RECYCLABLE MATERIALS
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.
RESIDENCE
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.
RESIDENT
Any person who owns, leases or occupies a property located
in Uwchlan 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.
YARD WASTE
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.
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.
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.
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.