The short title of this chapter shall be the "West Manchester
Township Recycling Ordinance," and the same may be cited in that manner.
The following words, terms and phrases shall have ascribed to
them the meanings herein set forth, unless the use of such word, term
or phrase in context clearly indicates a different meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.
COLLECTOR
The entity or entities authorized by the Township to collect
recyclable materials from residences or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Township to collect recyclable materials from those
properties.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
COMMINGLED
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation, i.e., placed in the same
container.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, which include,
but are not limited to, fairs, bazaars, socials, picnics and organized
sporting events that will be attended by 200 or more individuals per
day.
[Added 12-17-2015 by Ord.
No. 2015-07]
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are glossy advertising inserts often included with "newspapers."
PERSON
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, public or private
school or educational facility, other governmental agency or any other
entity or any group of such persons which is recognized by law as
the subject of rights and duties. In any provisions of this chapter
prescribing a fine, penalty or imprisonment, the term "person" shall
include the officers and directors of a corporation or other legal
entity having officers and directors.
PRIVATE RECYCLING CONTAINER
A private container provided by a resident of West Manchester
Township to be used for the express purpose of storing recyclable
materials for collection by the Township's recycling collector.
A private recycling container shall be constructed of plastic or other
rigid material approved by West Manchester Township, shall display
a recycling decal or sticker supplied by West Manchester Township,
and shall have a maximum capacity of thirty-two (32) gallons.
[Added 5-22-2014 by Ord. No. 14-03]
RECYCLABLE MATERIALS
Materials specified by the Township which are generated by
residences and commercial, municipal and institutional establishments
and which can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
"Recyclable materials" may include but are not necessarily limited
to clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newspapers, corrugated paper, leaves, plastics
and any other items selected by the Township or specified in future
revisions to Act 101. The "recyclable materials" selected by the Township
may be revised from time to time by resolution of the Board of Supervisors,
as deemed necessary by the Township.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaves, plastics and other materials which would
otherwise be disposed or processed as municipal waste or the mechanized
separation and treatment of municipal waste, other than through combustion,
and creation and recovery or reusable materials.
RECYCLING CONTAINER
The container provided by the Township of West Manchester
for the express purpose of storing recyclable materials for collection
by the Township's recycling collector.
RESIDENTIAL DWELLINGS
Any occupied single-or multifamily dwelling for which the
Township provides municipal waste collection service.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Department for beneficial use.
YARD WASTE
Tree trimmings, shrubbery and other organic landscape vegetation,
and leaves, but excluding grass clippings.
[Added 7-26-2012 by Res. No. 12-19]
There is hereby established in the Township a mandatory source-separation
and collection program for recyclable materials. On and after the
effective date of this chapter, each person shall source-separate
all recyclable materials and dispose of the same in accordance with
the provisions of this chapter. The Township shall designate a schedule
and plan for curbside collection of recyclable materials for those
persons served by the Township trash collection program.
All recyclable materials placed at the curbside by residents
for collection pursuant to the curbside collection program established
by this chapter shall be prepared for collection in accordance with
the following:
A. All newsprint shall be placed in paper bags or tied in bundles not
exceeding 35 pounds in weight nor exceeding one foot in thickness.
B. Glass containers shall have caps and lids removed.
C. Glass and cans shall be rinsed free of contaminants.
D. Glass and cans shall be placed in a commingled container to be provided
by the Township. Plastic garbage bags or other home-use containers
shall not be utilized as containers for recyclable materials. Only
containers designated by the Township shall be utilized for recyclable
material collection.
E. No material shall be placed at the roadside earlier than 5:00 p.m.
the evening of the day preceding a scheduled collection day. The bundled
newsprint and the commingled containers of glass and cans shall be
placed at the curbside for collection adjacent to one another and
clearly separated from containers of solid waste.
F. All garbage (not including recyclable materials) must be placed in
a watertight container or plastic bag before being set at the curbside.
G. If recyclable materials are not properly prepared or trash is not
in the proper watertight containers or plastic bags, they may be refused
and left at the curbside.
There is hereby established a leaf recycling facility (the "facility")
for the processing of leaves. The facility shall be utilized only
by West Manchester Township for its leaf collection program and shall
not be a public facility.
[Amended 12-17-2015 by Ord. No. 2015-07]
A. All persons within the Township who are not residents of single-family
dwellings and who are not served by the curbside collection program
established pursuant to this chapter shall source-separate and arrange
for the collection for recycling of all designated recyclable materials.
B. Designated recyclable materials for the mandatory community activities,
commercial and institutional source-separation program shall consist
of the following materials:
(1) High-grade office paper, which shall include paper items generated
by offices and/or commercial entities. This may include white computer
paper, white copier paper, white typing paper, white letterhead paper,
white notepad paper and other similar office paper.
(3) Glass containers, aluminum cans and bimetallic containers.
(5) Other recyclable materials as designated by resolution of the Township,
upon 30 days' notice of designation by publication of notice
in a newspaper of general circulation within the Township.
C. The arrangement for collection of designated recyclable materials
for disposition hereunder shall be the responsibility of the person
who generates the recyclable materials ("generator") or the person
contractually obligated to the generator to arrange for collection
and disposal of its solid waste. Said arrangements may include, without
limitation, direct marketing of recyclable materials, delivery to
a dropoff, contracts with solid waste collector/haulers for separate
collection of any or all designated recyclable materials, contracts
with other persons for separate collection of any or all designated
recyclable materials or direct delivery to the designated site(s).
D. Reporting requirements. For the purpose of reporting as required
by the Commonwealth of Pennsylvania, all community activities, commercial
or institutional establishments must report amounts and types of recyclable
materials to the Township annually or as often as deemed necessary
by the Township. Reports for the preceding year shall be due to the
Township by January 31 each year.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by §
99-10 of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
[Amended 12-17-2015 by Ord. No. 2015-07]
It shall be a violation of this chapter for any person, firm
or corporation, other than the Township or an authorized collector,
to collect recyclable materials placed by community activities, residents
or commercial, municipal or institutional establishments for collection
by the Township or an authorized collector, unless such person, firm
or corporation has prior written permission from the generator to
make such collection. Unauthorized collection from one or more community
activities, residences or commercial, municipal or institutional establishments
on one calendar day shall constitute a separate and distinct offense
punishable as hereinafter provided.
[Amended 12-17-2015 by Ord. No. 2015-07]
Any community activity, residence or commercial, municipal or
institutional establishment may donate or sell recyclable materials
to any person, firm or corporation, whether operating for profit,
or not, provided that the receiving person, firm or corporation shall
not collect such donated recyclable materials from the collection
point of a community activity, residence or commercial, municipal
or institutional establishment without prior written permission to
make such a collection from the Township.
[Amended 5-22-2014 by Ord. No. 14-03]
A. All recycling containers supplied by West Manchester Township are
owned by the Township and are provided to residents to use for the
recycling of designated materials. The container is to be left at
each house or business upon vacating the premises and shall remain
the property of the Township.
B. Lost, stolen or otherwise misplaced or damaged recycling containers may be replaced by the resident at the cost to the Township of such containers, or a resident may use a private recycling container as provided in Subsection
D of this section.
C. The Township may supply recycling containers to all new participants in the Township curbside recycling program, or a resident may use a private recycling container as provided in Subsection
D of this section.
D. Beginning June 1, 2014, and thereafter, a resident may use a private
recycling container to store recyclable materials for collection by
the Township's recycling collector.
The Township or the designated collector collecting solid waste
generated within the Township may refuse to collect solid waste from
any person who has failed to source-separate recyclable materials.
[Amended 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this chapter. The
amount of the fine imposed for the violation of this chapter shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this chapter and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this chapter. If the person violating
this chapter fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this chapter, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.