[HISTORY: Adopted by the Board of Supervisors of the Township
of Birmingham 10-4-2010 by Ord. No. 10-04.[1] Amendments noted where applicable.]
[The Board of Supervisors of Birmingham Township accepted
and adopted the Chester County Municipal Waste Management Plan dated
August 2009 as the official solid waste management plan for the Township
in compliance with the Pennsylvania Solid Waste Management Act of
1968 (35 P.S. § 6018.101 et seq.)]
This article shall be known as the "Birmingham Township Municipal
Waste Collection and Recycling Ordinance."
As used in this article, the following terms shall have the
meanings indicated below:
Empty, one-hundred-percent aluminum beverage and food containers.
Empty food or beverage containers consisting of both steel
and aluminum.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business or establishment.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside (or similar
place along the public right-of-way fronting their properties), at
times designated by the private hauler or by resolution of the Township
Board of Supervisors, for collection and removal by a private hauler
for delivery to a recycling center.
Pennsylvania Department of Environmental Protection.
Empty food and beverage jars or bottles made from silica
or sand, soda ash, and limestone, the product being transparent or
translucent (either clear, green or brown); excluding, however, blue
glass, flat glass, plate glass, glass commonly known as "window glass,"
automotive glass and ceramic and porcelain products.
Any white paper of the type commonly used for letter-writing
stationary, notepaper, plain paper photocopying machines, computer
printers and other general-purpose paper, whether or not any printed
or written matter is contained thereon; excluding, however, newspaper,
junk mail or other chemically coated paper or corrugated paper.
Of or pertaining to any establishment engaged in service
to persons, including, but not limited to, hospitals, nursing homes,
orphanages, schools, universities, churches and social or fraternal
societies and organizations.
Magazines, glossy or other chemically coated paper, and any
other paper products, including, but not limited to, construction
paper, wrapping paper, phone books, paperback books, paper food boxes
(excluding plastic liners and plastic windows), tablet paper and post-it
notes, manila envelopes, file folders, fax paper, clean tissue paper,
catalogues, gift boxes (excluding liners), and paper bags, expressly
excluding hardback books, high-grade office paper, newspaper, corrugated
paper, photographs, overnight envelopes, pizza boxes and other packaging
with food contamination, soiled napkins, soiled paper towels, soiled
tissue, carbon paper, foil wrapping paper, paper food packaging with
plastic, metal, foil or cellophane parts, or with wax or plastic coatings.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing which
contains four or more dwelling units per structure. This term excludes
mobile home parks.
Of or pertaining to any office or other property under the
control of any branch or arm of the federal or state government or
any political subdivision of the Commonwealth of Pennsylvania, including
Birmingham Township.
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 hereunder from a municipal, commercial or institutional water
supply treatment plant, waste water treatment plant, or air pollution
control facility.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes junk mail or other chemically coated paper, high-grade office
paper and any other paper products of any nature.
Any natural person, firm, corporation, partnership, association
or institution.
Plastic containers imprinted with the SPI Code No. 1, such
as beverage bottles, dishwashing soap bottles, shampoo bottles and
similar items, excluding lids and caps.
Plastic containers imprinted with SPI Code No. 2, such as
plastic milk jugs, water bottles, detergent bottles, and similar items,
but excluding lids, caps and motor oil bottles.
A person licensed by the Commonwealth per the amended Waste
Transportation Safety Program, 27 Pa.C.S.A. § 6201 et seq.,
to collect, haul, transport and dispose of municipal waste and/or
recyclables. All such haulers shall comply with the provisions of
the aforementioned program, as well as all federal, state, and local
laws, rules and regulations.
Materials designated as recyclable in this chapter and recycling
regulations which may be promulgated from time to time. The Township
hereby designates glass containers, bimetallic cans, aluminum cans,
high-grade office paper, newspapers, corrugated material and plastic
No. 1 and plastic No. 2 containers as recyclable materials and recyclables.
The list of recyclable materials may be amended from time to time
by resolution of the Board of Supervisors of Birmingham Township.
A facility designated to, and which does, act as a collection
center for the processing, storage and shipment of recyclables. The
term specifically excludes transfer stations and landfills for solid
waste and composting facilities and resource recovery facilities and
specifically excludes charitable organizations that accept recyclables
for collection but do not process such recyclables.
Single-family dwellings and multifamily dwellings with fewer
than four dwelling units.
Birmingham Township, Chester County, Pennsylvania.
A.
All owners of private property within the Township shall provide
for the regular preparation, collection and removal of all municipal
waste generated at such properties in the manner set forth herein.
B.
All municipal waste generated at residential properties within the
Township shall be collected and removed at regular, scheduled collection
intervals at least once each week, except where conditions prevent
it which are beyond the control of the owner or occupant of the property
or the private hauler (as applicable).
C.
Nothing herein shall limit the right of the Township to implement
public collection of municipal waste or recyclables either by entering
into contracts or by engaging in any collection practice permitted
by law.
D.
Nothing in this section shall modify the requirements of this chapter
pertaining to separation and disposal of recyclables.
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, et seq., may collect municipal waste and recyclables within the Township. Authorized haulers shall comply with the reporting requirements in § 97-5 of this chapter.
All persons authorized to collect municipal waste or recyclables under § 97-4 shall submit an annual report to the Township which contains the information specified herein.
A.
The report shall contain a list of the establishments in the 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.
All municipal waste collected from properties in the Township
shall be transported and disposed of only at a facility or landfill
approved by the DEP.
There is hereby established a program for the mandatory separation
and collection of recyclable materials from municipal waste, as set
forth herein, from all residential, commercial, institutional and
municipal properties within the Township.
Recyclables shall be kept separate from and disposed of separately from municipal waste until they are collected for recycling in accordance with the provisions of § 97-9.
A.
At all residential properties the recyclable materials shall either be placed at curbside to be collected by a private hauler at times designated by the private hauler or by resolution of the Township Board of Supervisors or be taken directly to a recycling center by the property owner. The materials which are defined as recyclable materials or recyclables in § 97-2, or as amended by the Board in a resolution, shall be placed in separate, reusable containers which clearly identify the contents as recyclables. Nothing in this chapter shall be deemed to impair the ownership of recyclable materials by the residents who generated them unless and until the recyclable materials are placed at curbside for collection by a private waste hauler.
B.
For multifamily dwellings, commercial, institutional and municipal,
properties, all recyclable materials shall either be delivered directly
to a recycling center or be picked up by a private hauler separately
from municipal waste in a prearranged manner as required by the private
hauler to be recycled.
A.
With the exception of those persons who directly deliver (self-hauler)
their municipal waste and/or recyclables, it shall be unlawful for
any person, other than such persons as are duly authorized by the
commonwealth, to collect or remove municipal waste or recyclables
from any other person's property and transport municipal waste or
recyclables within or from the Township. Any and each such collection
in violation hereof from each location shall constitute a separate
and distinct offense punishable as hereinafter provided.
B.
All agreements for collection, transportation and disposition of
municipal waste and recyclables shall be by private contract between
the owner or occupant of the property where the waste is generated
and the private hauler who is to collect such waste and/or recyclables.
C.
Nothing in this chapter shall be construed to prevent, penalize or
otherwise make illegal the donation of recyclables to any person,
partnership, corporation or charitable entity.
A.
All private haulers shall have an affirmative duty to follow and
conduct themselves in accordance with their current license or permit,
as issued by DEP or other applicable authorized agency, and to service
each of their customers in accordance with each customer's recycling
plan (where applicable), failure of which shall be a violation of
this chapter.
B.
All private haulers contracted for the collection of municipal waste
from residential properties within the Township shall provide their
customers the service of recyclable collection as described herein.
Failure to provide such recyclable collection shall be in violation
of this chapter.
C.
All private haulers who collect and transport recyclable materials
within the Township shall ensure the marketing and recycling of the
collected materials.
D.
All private haulers contracted for the collection of municipal waste
within the Township shall convey and dispose of municipal waste only
at such sites approved by the DEP.
The Township Board of Supervisors and the Building Code Official
are hereby authorized and directed to enforce this chapter. The Board
of Supervisors is hereby authorized and may establish by resolution
reasonable regulations as to the manner, materials, days of each month,
and times for the collection of municipal waste and recyclable materials
in accordance with the terms hereof, and any other matters required
to implement this chapter. The Board of Supervisors may change, modify,
repeal or amend any portion of said rules and regulations at any time
either by resolution or by ordinance duly enacted in accordance with
applicable laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, partnership, corporation or association which shall
violate any provision of this chapter shall, upon being found liable
therefor in a civil proceeding commenced by the Township before a
Magisterial District Judge, pay a fine for each such violation in
an amount no more than $600 plus all court costs, including reasonable
attorneys' fees incurred by the Township. Each continuing day of any
violation of this chapter shall constitute a separate offense punishable
by a like fine or penalty.
