[Ord. 153-2009, 5/4/2009, § I.C, .D]
1.
This Part shall be known and may be cited as the "Charlestown Township
Municipal Waste and Recycling Ordinance."[1]
[1]
Editor's Note: Paragraphs A and B of Section I, "Background,"
of Ord. 153-2009, provide:
A. Existing Ordinance Description. The Charlestown Township
Recycling Ordinance is hereby revised by rescinding the Recycling
Ordinance enacted on June 5, 1991, and adopting the following:
B. Legislative History. This Ordinance is adopted pursuant
to Article 1, § 27, of the Constitution of Pennsylvania, and
Municipal Waste, Planning, Recycling and Waste Reduction Act, Act
of Assembly, July 28, 1988, No. 101, 53 P.S. § 4000.101 et seq.
(“Act 101”), for the following purposes:
(1) Section 27 of Article I of the Constitution of the Commonwealth
of Pennsylvania provides that the people have the right to clean air,
pure water, and to the preservation of the natural, scenic, historic
and aesthetic values of the environment. Pennsylvania’s public
natural resources are the common property of all the people, including
generations yet to come. As trustee of these resources, the Commonwealth
shall conserve and maintain them for the benefit of all the people;
and,
(2) Act 101 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; and,
(3) The conservation of recyclable materials has become an
important public concern because of the increasing necessity to protect
our natural resources and the environment in Charlestown Township;
and,
(4) The collection of municipal waste and recyclable materials
from residences and commercial, industrial, and institutional establishments
within Charlestown Township promotes the general public interest.
2.
Charlestown Township, recognizing the collection of municipal waste
within the Township must be regulated to protect the health, safety,
and welfare of the Township's residents, and recognizing that
the reclamation of recyclable materials has become an important method
for addressing the growing municipal waste disposal problem through
conservation of landfill space, preservation of natural resources,
and a reduction in energy consumption, does hereby authorize the storage,
collection, and transportation of solid waste and recyclable materials
in accordance with the provisions of the Municipal Waste Planning,
Recycling and Waste Reduction Act (No. 101), the Chester County Solid
Waste Management Plan, and this Part.
[Ord. 153-2009, 5/4/2009, § II]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Chester County Solid Waste Authority.
Aluminum cans (i.e., soda), tin (steel) cans; all food cans
(i.e., vegetables, fruit, pet food, juice, coffee, etc., including
large economy size), aluminum pie tins and foil.
Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters. Multi-family dwellings, townhomes, mobile home parks, hotels, motels, mixed-use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. This term does not include properties where primary permitted use is residential and accessory use is commercial (i.e., home occupations as defined by the Charlestown Township Zoning Ordinance [Chapter 27]).
Church, school, civic, service group, Township functions,
and all other such functions conducted within Charlestown Township
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.
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges (i.e., cardboard).
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial, or
institutional property located within the Township.
An agent acting on behalf of the Township.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
Any building or other structure designed and occupied exclusively
for residence purposes, including an apartment and mobile home, but
excluding rental units in a motel, rooming house, institutional home,
dormitory, and the like.
The official designated herein or otherwise charged with
the responsibilities of administering this Part, or the official authorized
representative.
An agreement entered into by Charlestown Township, or its
designated agent, with a private person or corporation for the collection
and disposal of all municipal waste within Charlestown Township to
the extent provided by this Part and the agreement.
Bottles and jars made of clear or colored glass. Expressly
excluded are noncontainer glass, mirrors, automobile glass, dishware,
plate glass, crystal, light bulbs and porcelain and ceramic products.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and Township establishments.
Waste generated by a household that could be chemically or
physically classified as a hazardous waste under the rules and regulations
of the U.S. Environmental Protection Agency and the Commonwealth of
Pennsylvania but are specifically excluded from these regulations
when purchased, used, and stored by and within households. Examples
include: drain cleaners, pesticides and oil-based paints.
Any establishment engaging in manufacturing or processing
including, but not limited, to factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Such items as stoves, water tanks, washing machines, furniture,
and mattresses not containing hazardous materials and other nonhazardous
items other than construction debris.
Shall includes, but not be limited to, automotive, truck
and industrial batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Glossy publications including catalogs.
Any garbage, refuse, industrial lunchroom, or office waste
and any other material including solid waste, liquid, semi-solid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial, 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,
35 P.S. § 6018.101 et seq., from a municipal, commercial,
industrial, or institutional water supply treatment plant, waste water
treatment plant, or air pollution control facilities. (Pennsylvania
Act 101, § 103). The term does not include source-separated
recyclable materials.
Any person collecting or transporting municipal waste or
recyclable materials for owners or occupants of property in Charlestown
Township, and any business or institution within Charlestown 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 in compliance with and registered
with the Township for such activity.
All 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 including
glossy inserts.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Empty containers made and fabricated of plastics labeled
with the plastics recycling logo 1 and 2 and most commonly used as
beverage and food containers. Due to the large variety of types of
plastics, Township recycling regulations, which may be promulgated
from time to time, may further stipulate specific types of plastics
which may, or may not, be recycled.
All items and materials set forth in Appendix 20-1-A, "List
of Materials Required to be Recycled," attached hereto and specifically
incorporated herein as part of this Part.
All solid waste including garbage, ashes and rubbish and
all residential waste classified as municipal waste under Act 101,
53 P.S. § 4000.101 et seq.
A container used for the storage and collection of refuse
placed at the street or curb for collection.
See "dwelling."
A structure within the Township occupied exclusively as a
residence for only one family, typically one address for property
tax purposes.
Solid waste as defined in the Act of July 7, 1980, P.L. 380
No. 97 known as the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., including, construction debris, municipal waste, and vehicle
wastes.
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
The governmental jurisdiction and legal entity of Charlestown
Township, County of Chester, Pennsylvania.
Leaf waste and garden wastes, shrubbery and tree trimmings,
grass clippings. The term also includes vegetative kitchen scraps
that are generated within single-family residential units. The term
does not include meat and dairy scraps or agricultural wastes.
[Ord. 153-2009, 5/4/2009, § III]
1.
It shall be unlawful for any person to deposit, dump, burn, bury,
spill, throw or place any refuse or recyclable material within the
Township, except in compliance with all applicable regulations.
A.
Refuse Disposal.
(1)
All refuse shall be collected, stored and disposed of by a municipal
waste collector registered with Charlestown Township in compliance
with the provisions of this Part.
(2)
All owners, occupants or tenants of residential dwellings, and
commercial, industrial and institutional establishments in the Township
shall contract, at their sole cost and expense, for the collection
of refuse on a weekly basis. Such contracts shall only be with a municipal
waste collector registered with Charlestown Township.
(3)
All refuse presented for at the street or curb for collection
must be in a refuse container or securely bailed and must be collected
and removed within 20 hours.
B.
Recyclable Materials.
(1)
All recyclable materials generated within the Township shall
be collected by a municipal waste collector who is registered by the
Township.
(2)
All recyclable materials shall be separated from refuse at their
point of origin and shall not be considered refuse. Recyclable materials
shall not be required to be disposed of as municipal waste at Chester
County Solid Waste Authority facilities.
(3)
All owners of residential dwellings, and commercial, industrial
and institutional establishment in the Township shall contract, at
their sole cost and expense, for the separate collection of refuse
and recyclable materials. Such contracts shall only be with a municipal
waste collector registered with Charlestown Township.
(4)
All owners, occupants or tenants of residential dwellings, and
commercial, industrial and institutional establishments in the Township
shall separate recyclable materials from refuse presented for collection.
[Ord. 153-2009, 5/4/2009, § IV]
1.
The storage and collection of all residential refuse and recyclable
materials shall comply with the following:
A.
All residential refuse shall be contained to prevent rain accumulation
and animal access. Refuse containers such as those typically supplied
by a municipal waste collector may be used to store refuse. Any refuse
containers not fitted for lifting and dumping by mechanical means
must be light enough to be lifted by two adults (generally less than
110 pounds).
B.
Township residents are responsible for providing the refuse containers
required to store and collect the residential refuse generated by
the operation of their individual households.
C.
All refuse that contains liquid or semi-liquid materials shall be
securely sealed to prevent leakage during storage and collection.
D.
Refuse shall be adequately contained so as not to become dispersed
during the storage and collection process.
E.
The interior of refuse containers shall be kept clean by rinsing
and disinfecting as often as is necessary in order to prevent odor
and accumulation of residue.
F.
Each refuse container shall be securely closed and placed at curbside
on days and times designated by the municipal waste collector or Township
for collection. Curbside refers to that portion of right-of-way adjacent
to Township roads, or approved private roads. Refuse containers shall
be placed as close to the roadway as practicable without interfering
with or endangering the movement of vehicles or pedestrians including
sight obstruction.
G.
Bulk containers, such as dumpsters used to store and remove construction
debris and other heavy trash (excluding large household items) shall
be placed at ground level at a point on the residential property which
will not interfere with or endanger the movement of vehicles or pedestrians
including sight obstruction, and will enable clear and easy access
to the container by the collector's vehicle.
H.
The storage and collection of all solid waste shall be practiced
so as to prevent the attraction, harborage, or breeding of vectors,
insects and/or rodents, and to prevent conditions in any way harmful
to the public health or which create safety hazards, odors, unsightliness
or public nuisances.
I.
Storage and collection of Township designated recyclable materials
shall be handled separately from other refuse. Recyclable materials
shall be separated from refuse and placed in separate containers.
J.
Recyclable paper shall be placed and presented for collection in
bundles secured with string or twine or placed in common type paper
bags, but not in plastic bags, so that bundles can by handled and
loaded efficiently and without breaking or separating.
K.
Recyclable glass shall be clean, rinsed, free of all caps, cap rings,
styrofoam labels, food, contents, debris and other materials (except
paper labels) and placed and presented for collection in a container
used for that sole purpose.
L.
Recyclable metal containers shall be clean, rinsed, free of food,
contents, debris and other material (except paper labels) and placed
and presented for collection in a container used for that sole purpose.
[Ord. 153-2009, 5/4/2009, § V]
1.
Only a registered municipal waste collectors may contract to and/or
collect refuse and/or recyclable materials within the Township. No
one shall contract for the collection of refuse except with a registered
municipal waste collector. Application for registration shall be made
at the Township, on a form prescribed by the Township, and shall be
valid for one year unless otherwise noted. A registration fee may
be established, from time to time, by Township resolution.
2.
Registration Applications. Applicants for a municipal waste collector
must furnish the following information:
A.
The location, addresses, hours of business and telephone numbers
for the licensee's business office(s) to receive calls, visits
or correspondence from persons in the Township who receive collections
service. Any changes in this information, after the license has been
issued, shall be reported within 10 days to the Township.
B.
Proof of Insurance. Certificate(s) of insurance evidencing the coverages
required above shall be filed with the Township prior to the furnishing
of services under this license. Such certificate(s) shall provide
that the insured will give the Township not less than 10 days'
advance notice of any changes in, or cancellation of, coverage. The
following insurance coverage is required:
(1)
Workers' compensation insurance as required by law.
(2)
Comprehensive general liability, bodily injury and property
damage, including contractual liability, in a combined single limit
of at least $3,000,000.
(3)
Comprehensive vehicle liability, bodily injury and property
damage in a combined single limit of at least $3,000,000.
C.
Proof of Pennsylvania Department of Environmental Protection approval
of disposal site(s) for all refuse to be collected pursuant to such
registration.
D.
Any other relevant information which the Township deems necessary.
3.
All vehicles to be used to collect and haul refuse shall:
A.
Comply with all applicable federal, state and local regulations.
B.
Have enclosed bodies or, with respect to those used for bulky pickup,
have the body covered with a tarpaulin or canvas or other suitable
cover to prevent the loss of the contents during transport.
C.
Have watertight bodies of easily cleanable construction and shall
be kept clean to prevent odor and propagation or attraction of vectors.
D.
Shall be in good repair and safe condition at all times.
4.
Failure of a registered municipal waste collector to comply with
the provisions of this Part shall result in the revocation of its
registration.
[Ord. 153-2009, 5/4/2009 § VI]
1.
All municipal waste collectors must report quarterly to the Township
the total amount of recyclable materials collected for the quarter.
The municipal waste collector shall also provide a yearly total collected
in the first quarter of a current year for the previous year's
collection. The quarterly and yearly reports shall contain a listing
of types of recyclable material collected as set forth in Appendix
20-1-A attached hereto, whether it was collected from residential,
commercial, industrial or institutional uses and to what facility
the recyclable materials were taken.
2.
The Township may establish through resolution, from time to time,
additional rules and regulations relating to the separation, preparation,
placement and collection of recyclable materials and any other matters
required to implement this Part.
3.
The Township or its designated agent, may, through a competitive
bidding process, award an exclusive service contract for all or part
of residential recycling collection.
[Ord. 153-2009, 5/4/2009, § VII]
1.
Every owner of a commercial, industrial or institutional establishment,
or multi-family residential unit or units, such as an apartment complex,
or any premises other than a single-family residential dwelling, shall
provide for storage and collection of refuse and recyclable materials
as provided for in this section and in compliance with all applicable
state and federal regulations and shall contract with a municipal
waste collector registered with Charlestown Township.
2.
Owner's Duty to Require and Assist Recycling. Owners of rental
properties shall establish and enforce a waste collection system for
tenants that will result in the requisite separation of recyclable
materials for collection by a municipal waste collector. Such a system
shall involve suitable containers for the recyclables materials and
written instructions to tenants identifying the materials to be recycled.
3.
Duty of nonresidential establishments to require and assist recycling.
Nonresidential establishments shall develop, implement, enforce and
maintain a waste collection system for employees and others at the
premises so that recyclable materials will be separated as required
for collection by a municipal waste collector. Such a system shall
involve suitable containers for the recyclables materials and written
instructions to employees identifying the materials to be recycled.
[Ord. 153-2009, 5/4/2009, § VIII]
1.
No person shall store, process or dispose of any regulated solid
waste or recyclable material except at a facility or in preparation
for collection by a municipal waste collector as provided herein.
Not withstanding the foregoing, yard waste and/or leaf waste may be
composted.
2.
Any accumulation, dumping or depositing of refuse on any private
or public property or grounds within Charlestown Township is hereby
prohibited.
3.
No person shall process or dispose of any recyclable materials including
yard waste through open burning.
[Ord. 153-2009, 5/4/2009, § IX]
It shall be a violation of this Part for any person(s) to collect
or remove or cause to be collected or removed any such recyclable
materials specified by the Township rules and regulations unless authorized
by the Township. Each such collection in violation hereof shall constitute
a separate and distinct offense.
[Ord. 153-2009, 5/4/2009, § X]
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in drop-off facilities or storage bins or similar authorized locations
for collection by the exclusive contractor or licensed hauler as applicable.
Drop-off facilities may be sited for use by residents of Chester County,
outside of Charlestown Township, not serviced by a curbside route.
[Ord. 153-2009, 5/4/2009, § XI]
Lead Acid Batteries. No person shall discard or otherwise dispose
of a lead acid battery except by delivery to an automotive battery
retailer or wholesaler or to a collection or recycling facility authorized
by the Commonwealth of Pennsylvania.
[Ord. 153-2009, 5/4/2009, § XII; as amended by
Ord. 160-2010, 10/4/2010]
1.
It shall be unlawful and a public nuisance for any person to violate,
cause or assist in a violation of any provision of this Part, or violate,
cause or assist in the violation of any rule, regulation on or resolution
promulgated by the Board of Supervisors pursuant to this Part.
A.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
B.
The property owner is jointly and severally liable with the tenant
and/or occupant for any violation.
C.
The Township Code Enforcement Officer is authorized to enforce the
terms of this Part by appropriate proceedings in law or equity.
[Ord. 153-2009, 5/4/2009, § XIII]
The terms and provisions of this Part are to be liberally construed,
so as to best achieve and effectuate the goals and purpose hereof.
[Ord. 153-2009, 5/4/2009, § XV]
This Part shall be subject to all applicable federal, state,
and municipal laws and ordinances as well as rules and regulations
as set forth by the Department of Environmental Protection, Commonwealth
of Pennsylvania.
