[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester 8-16-1990 by Ord. No. 90-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 55.
Outdoor burning — See Ch. 63.
Refuse collection — See Ch. 100.
[1]
Editor's Note: The introduction to this ordinance provided
as follows: "Whereas, the Act of July 28, 1988, No. 101, known as
the "Municipal Waste Planning, Recycling and Waste Reduction Act',
provides that each municipality of the commonwealth shall have the
power and duty to adopt and implement programs for the collection
and recycling of municipal waste or source-separated recyclable materials;
"Whereas, conservation of recyclable materials has become an important
public concern because of the growing problem of solid waste disposal
and its impact on our environment; and "Whereas, the adoption and
implementation of recycling will affect the conservation of natural
resources, the protection of the right of people to clean air, pure
water and the preservation of the environment; "Now, therefore, be
it ordained, and it is hereby ordained by the Board of Supervisors
of West Manchester Township as follows:"
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:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
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.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
Source-separated, nonputrescible recyclable materials that
have been mixed at the source of generation, i.e., placed in the same
container.
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]
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
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."
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.
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]
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.
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.
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.
Any occupied single-or multifamily dwelling for which the
Township provides municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
West Manchester Township.
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[2] for beneficial use.
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.
A.
Collection of recyclable materials shall be made on a designated
day of each week. Collection shall occur in accordance with a schedule
of collection of recyclable materials publicly advertised by the Township.
B.
All persons or residents of the Township within the area serviced
by the curbside collection program established pursuant to this chapter
shall source-separate all designated recyclable materials and place
them at the side of the road fronting their residence in the manner
designated by this chapter on the date specified for collection by
the schedule published by the Township.
C.
All persons, except those residents served by the Township curbside
collection program, shall institute and maintain a private collection
and recycling program in accordance with the terms of this chapter.
D.
All community activities, commercial establishments and institutional
establishments that currently utilize the existing curbside refuse
collection program are required to separate all designated recyclable
materials. All recyclable materials not collected by the collector
designated by the Township shall be recycled by the community activity,
commercial establishment or institutional establishment by a private
collection and recycling program in accordance with the terms of this
chapter. Those community activities, commercial establishments and
institutional establishments which contract privately and individually
for recycling/refuse collection are required to recycle materials
as designated by this chapter. All community activities, commercial
establishments or institutional establishments that do not utilize
the Township's curbside program are required to provide written
documentation as to the type and weight of materials recycled annually.
Reports are due to the Township on a form provided by the Township
no later than January 31 of each year.
[Amended 12-17-2015 by Ord. No. 2015-07]
E.
Recyclable materials.
(1)
Designated recyclable materials for the curbside collection program
established pursuant to this chapter shall consist of the following
materials:
(a)
Newspapers.
(b)
Bimetal cans.
(c)
Steel cans.
(d)
Aluminum cans.
(e)
Clear glass.
(f)
Brown glass.
(g)
Green glass.
(h)
Newspaper inserts.
[Added 11-11-2010 by Res. No. 10-37]
(i)
Plastic No. 1 through No. 7 containers and bottles with necks
smaller than their bases.
[Added 11-11-2010 by Res. No. 10-37]
(j)
Residential mixed paper, including junk mail, magazines, catalogs,
glossies, and office paper of any color.
[Added 11-11-2010 by Res. No. 10-37]
(k)
Phone books.
[Added 11-11-2010 by Res. No. 10-37]
(l)
Aseptic cartons (milk, juice, wine boxes, etc.).
[Added 11-11-2010 by Res. No. 10-37; amended 2-25-2016 by Res. No. 16-11]
(m)
Paper bags.
[Added 11-11-2010 by Res. No. 10-37]
(n)
Cardboard.
[Added 11-11-2010 by Res. No. 10-37]
(o)
Yard waste. Yard waste shall be collected separately from other
designated recyclable materials pursuant to a schedule established
by West Manchester Township and shall be transported to an approved
composting facility.
[Added 7-26-2012 by Res. No. 12-19]
(2)
Recyclable materials may be added to the above list by resolution
of the Board of Supervisors of West Manchester Township.
(3)
These materials shall be required to be source-separated in a commingled
container provided by the Township for collection by the collector
designated by the Township.
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.
A.
Upon establishment and operation of the leaf recycling facility,
each person shall cause to be delivered to the facility all leaves
to be disposed of by that person.
B.
All persons who gather leaves and who are served by the Township
program for collection of leaves shall separate all leaves and place
them for collection at the times and in the manner heretofore or hereafter
prescribed by the Township.
C.
Nothing herein shall require any person to gather leaves or prevent
any person from utilizing leaves for compost, mulch or other agricultural,
horticultural, silvicultural, gardening or landscaping purposes.
D.
Leaves shall be recycled pursuant to this chapter and shall not be
disposed of by any person through the Township curbside collection
program for the collection of solid waste.
[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.
(2)
Cardboard.
(3)
Glass containers, aluminum cans and bimetallic containers.
(4)
Newspapers.
(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.
A.
It shall be unlawful for:
(1)
Any person other than the designated collector to collect any designated
recyclable material.
(2)
Any person to violate or to cause or to assist in the violation of
any provision of this chapter or any provision of Act 101.
(3)
Any person to hinder, to obstruct, to prevent or to interfere with
the Township or its personnel or designated collector in the performance
of any duty under this chapter or in the enforcement of this chapter.
(4)
Any person to use recycling containers except for the separation
and collection of recyclable materials.
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.
