This chapter shall be known and may be cited as the "Pocopson
Township Waste Management and Recycling Ordinance" or as the "Recycling
Ordinance".
This chapter is enacted for the purpose of promoting the health,
safety, and welfare of the Pocopson Township population, to provide
for environmental protection of our natural resources and to establish
requirements that meet current local, state and federal mandates on
such protections. This chapter includes specific provisions, requirements,
and responsibilities for:
A. The proper and adequate handling of various components of refuse
as generated, stored, collected and transported within Pocopson Township.
B. The separation of certain materials from the refuse/waste stream,
known as source separation, by households, municipality, institutions,
and commercial establishments.
C. The establishment of a leaf-collection program.
In this chapter, except where context clearly indicates otherwise,
the following words and phrases have the meaning indicated:
BULK WASTE
Municipal waste of such size, weight or dimension as to not
fit easily into a municipal waste storage container.
CHESTER COUNTY WASTE MANAGEMENT PLAN
The Chester County Act 101, Municipal Waste Management Plan,
adopted by the Chester County Board of Commissioners in accordance
with the requirements of Section 501 of the Municipal Waste Act, and
approved by the Pennsylvania Department of Environmental Resources
on May 10, 2007, as may be amended from time to time.
CHIPPED MATERIAL
Tree branches, brush, and limbs processed by a chipper and
free of any bulk leaf waste. The chipped material is suitable for
garden mulch.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by the Township or conducted
within the Township and sponsored privately or by other public entities,
which include but are not limited to fairs, bazaars, socials, celebrations,
picnics and organized sporting events that will be attended by 200
or more individuals per day.
CONSTRUCTION DEBRIS
Waste materials generated independently of other municipal
wastes, but considered municipal waste, and resulting from the construction,
remodeling or repair of buildings or other structures, which may include,
but are not limited to, wood, plaster, metals, asphaltic substances,
paint cans and insulating materials.
GARBAGE
All table refuse, animal and vegetable matter, offal from
meat, fish and fowls, fruits, vegetables and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
HOUSEHOLD HAZARDOUS WASTE
Leftover household products that contain corrosive, toxic,
ignitable, or reactive ingredients are considered to be "household
hazardous waste" or "HHW." HHW includes cleaning, automotive, lawn
and garden, and flammable products, workshop and painting supplies,
pesticides, nonalkaline batteries, mercury thermostats and thermometers
and fluorescent light bulbs. Additional hazardous components exist
in computers, air conditioners, and other electronic devices. These
items require special care for disposal and cannot be disposed of
with municipal waste, unless special provisions are made by the municipal
waste collector.
LEAF WASTE
Leaves, garden residues, twigs and similar materials, but
not including grass clippings or chipped material.
MEDICAL WASTE
All waste materials generated at health care facilities,
such as hospitals, clinics, physician's offices, dental practices,
blood banks, and veterinary hospitals/clinics, as well as medical
research facilities and laboratories, in the diagnosis, treatment,
or immunization of human beings or animals, in research pertaining
thereto, or in the production or testing of biologicals. This definition
includes, but is not limited to, blood-soaked bandages, culture dishes
and other glassware, discarded surgical gloves, instruments, needles,
cultures, stocks, swabs, organs, and lancets. Medical wastes generally
fall into one of four categories: infectious, hazardous, radioactive,
and other general wastes from healthcare and medical facilities.
MUNICIPAL WASTE
Any garbage or refuse, including industrial lunchroom or
office waste; solid, liquid, semisolid or gaseous material resulting
from the operations of residential, municipal, commercial or institutional
establishments and from community activities; and any sludge not meeting
the definition of residential or hazardous waste in the Solid Waste
Management Act, of July 7, 1980, P.L. 380, No. 97, as amended, 35
P.S. § 6018.101 et seq., from a municipal, commercial or
institutional water supply treatment plant, wastewater treatment plant
or air pollution control facility. The term does not include recyclable
materials, leaf waste, chipped material, medical waste, or household
hazardous waste.
MUNICIPAL WASTE ACT
The Municipal Waste Planning, Recycling and Waste Reduction
Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq, as may be amended from time to time.
MUNICIPAL WASTE COLLECTOR
Any person collecting or transporting municipal waste or
recyclable materials by contract with owners or occupants of property
in the Township and any municipal, commercial or institutional establishment
within the 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 shall be licensed pursuant to all applicable
federal, state and county requirements and laws.
OTHER ACCEPTABLE WASTE
Wastes other than those defined as municipal waste that may
be collected by municipal waste collectors upon special arrangements
by the generator of the waste or which can be directly delivered by
the resident or commercial, municipal or institutional establishment
to a Pennsylvania-permitted municipal waste landfill. It includes
but is not limited to bulk waste such as televisions, furniture, and
clean up debris, commercial and residential nonhazardous and municipal-like
residual waste as established by the receiving landfill, construction
debris, nonfriable asbestos, tires (no rims) and appliances. Confirmation
of acceptance of any other acceptable waste shall be based on the
rules and limitations of the receiving landfill, and shall be confirmed
by the municipal waste collector prior to transport of such items.
PERSON
Any individual, partnership, firm, association, public or
private corporation whether for or not-for-profit, institution, cooperative
enterprise, trust, bureau or agency, or any other legal entity whatsoever
which is recognized by law as a subject of rights and duties. In any
provision of this article 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.
PROHIBITED MATERIALS
Materials which are prohibited from being placed with municipal
waste at the curb for collection by a municipal waste collector. Materials
include, but are not limited to, closed containers or drums (containers
must be empty, clean, and open), household hazardous wastes, rechargeable
batteries which includes all nonalkaline batteries, medical waste,
hot ashes, tree stumps or large logs.
RECYCLABLE MATERIALS
Those materials specified by the Township for collection
in accordance with this chapter and recycling regulations which may
be promulgated by the Board of Supervisors from time to time. Such
material may include, but shall not be limited to, food and beverage
containers of aluminum, metal or bimetal, clear and colored glass,
marketable plastic, phone books, magazines, high-grade office paper,
mixed paper, newspaper, corrugated cardboard, and leaf waste. The
list of recyclable materials may be amended from time to time by resolution
of the Board of Supervisors of the Township. Said list is on file
in the office of the Township Secretary.
REFUSE
A general term meaning all matter and material which is discarded
for ultimate disposal, whether or not the material is permitted to
be collected or disposed in accordance with this chapter.
RESIDENT
Any person who owns, leases or occupies a property located
in Pocopson Township used as a residence.
SELF-DELIVERY
The collection, transport and delivery of municipal solid
waste, other acceptable waste, recyclable materials, household hazardous
waste, or prohibited materials by a person to a state-permitted or
-approved program or facility which accepts the materials delivered.
TOWNSHIP
Pocopson Township, Chester County, Pennsylvania.
SOURCE-SEPARATION
The separation of recyclable materials from garbage or refuse
at the points of origin for the purpose of recycling.