[HISTORY: Adopted by the Board of Supervisors
of the Township of West Goshen 8-14-1990 by Ord. No. 6-1990.
Amendments noted where applicable.]
This chapter shall be known as the "Municipal
Waste and Recycling Ordinance."
The following words, terms and phrases, when
used in this chapter, shall have the meanings hereinafter ascribed
to them, except when the context clearly indicates a different meaning:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, adopted by the Commonwealth of Pennsylvania in 1988.[1]
Used cans comprised of one-hundred-percent aluminum.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
Any discarded items that are of a size such that they can
not be placed in a standard size municipal waste container. Bulk waste
shall not include construction debris, hazardous materials, automotive
parts, tires or leaves.
An empty, light, box container, typically made of paper board
and polyethylene (plastic), in which drinks or foodstuffs are packaged,
such as milk, juice, soup, broth, or wine.
[Added 8-6-2017 by Ord.
No. 6-2017]
Empty bottles, jars, food or beverage containers made of
clear transparent glass. Expressly excluded are nonglass items, such
as plate glass, blue, green or brown glass, porcelain and ceramic
products.
[Amended 11-12-2008 by Ord. No. 8-2008]
Empty bottles, jars, food or beverage containers made of
green, brown or other colored glass.
All properties/establishments used for commercial or industrial
purposes.
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations.
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
Any building or structure, or part thereof, designed to be
occupied as living quarters as a single housekeeping unit.
[Added 8-6-2017 by Ord.
No. 6-2017]
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, or 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 bond, copier, letterhead or mimeograph paper typically
sold as white ledger paper; and computer paper.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Paper products to include junk mail, telephone books, catalogs,
white paper, magazines, flattened boxes (cereal boxes or any box which
does not come in direct contact with food), noncorrugated cardboard
(cannot contain ripples between the cardboard layers), and envelopes
(which include window envelopes). Newspaper, as defined, can be included
within this mixed paper definition.
[Added 6-9-2004 by Ord. No. 17-2004]
Any building or structure, or part thereof, which contains
more than one dwelling unit.
[Added 8-6-2017 by Ord.
No. 6-2017]
Occupied multifamily dwellings having four or more dwelling
units per structure. Dwelling units above or attached to a commercial
use are included in this category.
[Amended 8-6-2017 by Ord.
No. 6-2017]
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.
A source separation and collection program for municipal
waste or source-separated recyclable materials or a program for designated
dropoff 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.
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[2] 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.
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.
Occupied residential single-family or multifamily dwellings
having fewer than four dwelling units per building.
[Amended 8-6-2017 by Ord.
No. 6-2017]
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling. Those items include
clear glass, colored glass, aluminum, steel, and bimetallic cans,
mixed paper, newsprint, corrugated cardboard, noncorrugated paper,
cartons and plastics Nos. 1 through 7.
[Amended 6-9-2004 by Ord. No. 17-2004; 11-12-2008 by Ord. No.
8-2008; 8-6-2017 by Ord. No. 6-2017]
The act of co-mingling all source-separated recyclable materials
in a single recycling container for collection by the Township pursuant
to this chapter. The Township shall have the right to include additional
materials for recycling in a single stream upon notice to the Township
residents.
[Added 11-12-2008 by Ord. No. 8-2008]
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 West Goshen any
municipal waste.
The storage and collection of all municipal
waste from residential, multi-unit residential, commercial, municipal
and institutional properties shall comply with the provisions of this
chapter and such rules and regulations as may from time to time be
adopted by resolution of the Township Supervisors.
On and after September 26, 1990, and under the regulations and schedules issued by the Township in accordance with the terms of this chapter, 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 § 45-7 to be separated from other municipal waste materials stored on the premises where generated until collection.
[Amended 8-6-2017 by Ord.
No. 6-2017]
The provisions of this chapter establishing a mandatory recycling
program shall be applicable as follows:
A.
To residential property which is required to have municipal waste collected by or on behalf of the Township pursuant to § 45-8A of this chapter.
B.
With respect to multiunit residential properties, the owner shall
be required to establish a collection system at its sole cost and
expense. The collection system must include suitable containers for
the commingling 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.
C.
Commercial, municipal and institutional establishments shall develop,
implement and maintain a recycling program and provide, at their sole
cost and expense, for the commingling, 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 chapter
only in accordance with § 1501(c)(1)(iii) of Act 101 of
1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501(c)(1)(iii).
[Amended 6-9-2004 by Ord. No. 17-2004; 11-12-2008 by Ord. No.
8-2008; 8-6-2017 by Ord. No. 6-2017]
A.
All residential properties which are required to have municipal waste
collected by or on behalf of the Township shall utilize single-stream
recycling. The Township shall have the right to include additional
materials which must be recycled in a single stream upon sending notice
to all Township residents.
B.
All commercial, municipal and institutional establishments shall
be required to collect, for recycling, high-grade office paper, corrugated
paper, cartons, aluminum, steel, bimetallic cans, and plastics Nos.
1 through 7.
C.
All residential properties shall separate leaf and yard waste from
municipal waste. Leaf and yard waste may be mulched and/or composted
by residents, or placed out for separate collection by the Township
in biodegradable paper bags or containers. Branches shall be no longer
than four feet in length and must be bundled, weighing no more than
50 pounds.
D.
All commercial, municipal and institutional establishments shall
separate leaf and yard waste from municipal waste and must dispose
of the leaf and yard waste in an approved manner.
[Amended 3-18-2009 by Ord. No. 02-2009; 8-6-2017 by Ord. No.
6-2017]
A.
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).
B.
Multiunit residential properties, as well as 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 authorized
by the commonwealth to collect waste.
[Amended 11-12-2008 by Ord. No. 8-2008; 3-18-2009 by Ord. No. 02-2009]
Only a person or entity authorized by the Pennsylvania Department of Environmental Protection in accordance with Act 90 of 2002, the Waste Transportation Safety Act, 27 Pa.C.S.A. § 6201 et seq., may collect municipal waste within the Township. Authorized haulers shall comply with the reporting requirements in § 45-10 of this chapter.
[Amended 3-18-2009 by Ord. No. 02-2009]
All persons authorized to collect municipal waste or recyclables under § 45-9 shall submit an annual report to the Township of West Goshen on forms provided by the Township.
A.
The report shall contain a list of the establishments
in West Goshen Township, including street addresses, for which the
authorized hauler collected municipal waste or recyclables.
B.
The report shall give the total weight of municipal
waste and the total weight of each recyclable material collected by
the authorized hauler in the Township.
[Amended 7-23-1997 by Ord. No. 12-1997; 2-23-2000 by Ord. No. 2-2000; 9-14-2005 by Ord. No.
10-2005; 4-13-2016 by Ord. No. 2-2016; 8-6-2017 by Ord. No. 6-2017]
There is hereby imposed a fee upon each separate dwelling unit
in a residential property to which collection services are available
or are provided by or on behalf of the Township, together with interest
and penalties, as herein specified, for the collection of municipal
waste, recyclables and leaves, as provided in this section.
A.
The amount of the collection fee shall be set, and may be amended
from time to time, by resolution of the Board of Supervisors.
B.
Collection fees shall be paid quarterly, and quarterly billings for
collection fees shall be made by bills dated on the first day of January,
April, July and October of each year, for the quarterly calendar period
immediately preceding the date of the bill. All bills for collection
fees shall be due and payable on their respective dates, subject to
the following:
(1)
If paid in full by the last day of the month in which the bill is
dated, the face amount of the bill.
(2)
If not paid in full by the last day of the month in which the bill
is dated, the bill shall be subject to a penalty of 10%, which penalty
shall be added to the face amount of the bill. If the quarterly installment
and penalty are not paid prior to the end of the second month after
the date on which the bill is issued, to the aggregate amount thereof
there shall be added, due and payable an additional penalty equal
to 3/4 of 1% per month or fraction thereof on the unpaid balance thereof
until paid.
C.
Where payment is made by mail, if the payment bears a United States
postmark, the date of payment shall be deemed to be the postmarked
mailing date.
D.
Bills for waste and recycling fees and charges shall be paid by the
title owner of the real property to which waste and recycling collection
services have been provided or are made available and shall be mailed
or e-mailed by the Township to that address or e-mail address, unless
and until a different address or e-mail address is specified, in writing,
by the owner of such property with acknowledgement by the Township
of receipt thereof. Failure of the owner to receive a bill as a result
of an incorrect address, e-mail address or otherwise shall not excuse
payment of waste and recycling fees or extend the time for payment
thereof. It shall be incumbent upon all persons receiving these services
to provide the Township with the correct billing address or e-mail
address, as well as any changes thereto.
E.
The penalties provided for herein shall be concurrent with all other
remedies available to the Township for collection of waste and recycling
fees. All such unpaid collection fees and charges, together with penalties
thereon, and costs incurred in connection therewith shall be and constitute
a municipal claim and, when filed of record, shall constitute a lien
on the real property for which the collection fee has been imposed.
Interest at the rate of 9% per annum is hereby imposed and shall be
collected on all waste and recycling fees and charges from the date
of the filing of a municipal lien therefor in the proper public office,
as provided in the Pennsylvania Municipal Claims and Tax Lien Act.[1] In addition, the Township may collect all unpaid waste
and recycling fees, penalties, interest and other authorized costs
and charges, together with interest thereon, in any manner and by
any proceeding otherwise provided for by law.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[Amended 11-12-2008 by Ord. No. 8-2008; 8-6-2017 by Ord. No. 6-2017]
A.
Municipal waste, recyclables and leaves shall be collected curbside
from each separate dwelling unit of each residential property which
qualifies to have collection made by or on behalf of the Township
in conformance with the following:
(1)
Municipal waste: twice each week.
(2)
Recyclables: once each week on one of the municipal waste collection
days.
(3)
Leaves: three times during the leaf season.
(4)
Yard waste: eight times per year.
(5)
Bulk waste: once per week on one of the municipal waste collection
days.
(6)
Christmas trees: once per year.
B.
The scheduled days for the collections in Subsection A above shall be set by the Township, and the collection routes shall be set by the collector/hauler in accordance with § 45-8A of this chapter. Notice to residents of the scheduled collection days shall be the responsibility of the Township. Regulations regarding the preparation and placement of materials for collection shall be set by resolution of the Board of Supervisors.
A.
From the time of the placement of the recyclable materials
herein defined and designated at the curb or other designated place
for collection by the Township pursuant to the provisions of this
chapter and other rules and regulations adopted thereunder, said recyclable
materials shall become and be the property of the Township or its
assigns.
B.
It shall be a violation of this chapter 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 chapter. 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 chapter 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 West Goshen Township
to carry out the intent and purpose of this chapter. 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 chapter. Said rules and regulations may be amended,
modified or repealed by resolution of the Board of Supervisors.
[Amended 3-18-2009 by Ord. No. 02-2009; 8-6-2017 by Ord. No.
6-2017]
A.
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 chapter 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.
B.
The Township shall provide to each residential property owner who
qualifies to have waste collected by or on behalf of the Township
a waste receptacle, limit one per dwelling unit, which must be utilized
for the collection of waste by an automotive waste-hauling vehicle.
The waste receptacle provided to each separate dwelling unit of each
residential property which qualifies to have waste collected by or
on behalf of the Township shall belong to the dwelling unit and not
the owner or occupier of such residential property. Owner(s) and/or
occupier(s) of a dwelling unit of residential property in the Township
who qualify to have waste collected by or on behalf of the Township
shall not remove the waste receptacle provided by the Township from
the dwelling unit upon sale of the residential property or relocation
from the residential property. Should the waste receptacle be removed
from the dwelling unit upon relocation by the owner(s) and/or occupier(s),
the cost of replacing the waste receptacle shall be borne by the person
who removed the waste receptacle from the dwelling unit. In the event
a waste receptacle provided by the Township is lost, stolen or damaged,
the owner(s) of the respective residential property must replace the
same with a waste receptacle to be supplied by the Township. The cost
of replacing the waste receptacle shall be borne by the owner(s) of
such residential property and shall be paid before the waste receptacle
is delivered by the Township.
C.
The Township shall provide to each residential property owner who
qualifies to have recyclable materials collected by or on behalf of
the Township a recycling receptacle or receptacles, limit one per
dwelling unit, which shall only be utilized for the collection of
recyclable materials by the Township. The Township shall provide as
many recycling receptacles as necessary to meet the recycling needs
of the property owner. The recycling receptacle(s) provided to each
dwelling unit of each residential property which qualifies to have
recyclable materials collected by or on behalf of the Township shall
belong to the dwelling unit and not the owner or occupier of such
residential property. Owner(s) and/or occupier(s) of a dwelling unit
of residential property in the Township who qualifies to have recyclable
materials collected by or on behalf of the Township shall not remove
the recycling receptacle(s) provided by the Township from the dwelling
unit upon sale of the residential property or relocation from the
residential property. Should the recycling receptacle(s) be removed
from the dwelling unit upon relocation by the owner(s) and/or occupier(s),
the cost of replacing the recycling receptacle(s) shall be borne by
the person who removed the recycling receptacle(s) from the dwelling
unit. In the event a recycling receptacle provided by the Township
is lost, stolen or damaged, the owner of the respective residential
property must replace the same with a recycling receptacle to be supplied
by the Township. The cost of replacing the recycling receptacle shall
be borne by the owner(s) and/or occupier(s) of such property and shall
be paid before the recycling receptacle is delivered by the Township.
A.
Any person who violates or permits the violation of
any provision of this chapter shall, upon being found liable therefor
in a civil proceeding commenced by the Township before a District
Justice, pay a fine for each such violation in an amount not less
than $100 and not more than $1,000 plus all court costs, including
reasonable attorney fees, incurred by the Township. No judgment shall
be imposed until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure.
[Amended 7-24-1996 by Ord. No. 7-1996]
B.
Each day's continuance of a violation of this chapter
shall constitute a separate offense.
C.
The Township may enforce the terms of this chapter
by appropriate proceedings in law or equity.
All ordinances and provisions thereof inconsistent
with the provisions of this chapter shall be and are hereby repealed
to the extent of such inconsistency. The third ordinance adopted in
1959, dated October 7, 1959,[1] is specifically repealed hereby.
[1]
Editor's Note: Said ordinance comprised former
Ch. 45, Garbage, Rubbish and Refuse.
If any section, subsection, part, clause or
phrase of this chapter shall be declared invalid by judgment of any
court of competent jurisdiction, such section, subsection, part, clause
or phrase shall be deemed to be severable from the remainder of this
chapter.
This chapter shall become effective upon enactment
as provided by law.
