[HISTORY: Adopted by the Board of Supervisors of the Township
of West Vincent as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-5-1967 by Ord.
No. 7]
A.
PERSON
SUPERVISORS
TOWNSHIP
The following words, terms and phrases, where used herein, shall
have the following meanings:
Any natural person, partnership, firm, association or corporation.
The Board of Supervisors of the Township of West Vincent.
The Township of West Vincent, Chester County, Pennsylvania.
B.
The use of the singular tense shall include the plural, and the masculine
pronoun shall include the feminine.
No person shall permit the accumulation of garbage, rubbish
or other refuse materials upon his property unless same is in covered
containers or the same is buried under a covering of dirt not less
than four inches thick.
No person shall dump or deposit garbage, rubbish or other refuse
materials on any public property or road of the Township or on private
property other than his own.
Any person on whose property shall be found any garbage, rubbish or other refuse materials maintained there in violation of this article shall cause the same to be relocated in accordance with § 295-2 hereof within three days of notice by the Supervisors, or their enforcement officer shall remove the same within said period at the expense of the owner.
If any person shall refuse to comply with the said order for
the proper location of said materials or the removal thereof after
notice, as aforesaid, the same may be removed by the Supervisors or
their agents and employees, and the expense of such removal shall
be the liability of the property owner, the same to be recovered as
an ordinary debt by legal action.
[Amended 9-2-1975 by Ord.
No. 16]
If any person shall violate the provisions of this article in
the matter of location of such materials or in the failure to dispose
of them properly, it is herein provided he shall be liable for a fine
not to exceed $100 to the use of the Township, which may be collected
by suit or summary proceeding brought in the name of the Township
before any Magisterial District Judge, or he shall be imprisoned for
a period of time not to exceed 10 days, or both.
[Adopted 4-4-1994 by Ord.
No. 69]
This article shall be known and may be cited as the Township
of West Vincent "Municipal Waste Collectors and Recycling Ordinance."
The following terms shall have the following meanings when used
in this article:
Events sponsored in whole or in part by the Township of West
Vincent, or conducted within the Township of West Vincent and sponsored
privately, which include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events that will, as to any of the
foregoing, be attended by 200 or more individuals per day.
Leaves, garden residues, tree limbs and similar materials,
but not including grass clippings.
Any person collecting, removing or transporting municipal
waste and/or recyclable materials for owners or occupants of property
in the Township of West Vincent, and any business or institution within the
Township of West Vincent which generates municipal waste or recyclable
materials and uses its own employees and equipment for the collection,
removal or transportation of municipal waste or recyclable materials.
All municipal waste collectors shall be registered pursuant to the
provisions of this article.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including 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 residual or hazardous
waste in the Solid Waste Management Act, 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 source-separated recyclable materials.
Any individual, partnership, association, corporation, institution,
cooperative enterprise, trust, municipal authority, federal government
or agency, commonwealth institution 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.
Those materials specified by the Township of West Vincent
for collection in accordance with this article and recycling regulations
which may be promulgated from time to time. Such materials may include,
but shall not be limited to, aluminum cans, clear and colored glass
containers, plastic milk and beverage containers, bimetal or "tin"
cans, newspapers, office paper, third class or "junk" mail, magazines
and catalogs. The list of recyclable materials may be changed from
time to time by resolution of the Board of Supervisors of the Township
of West Vincent.
Any person which owns, leases or occupies a property located
in the Township of West Vincent used as a residence.
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
A.
Registration required. It shall be unlawful for any municipal waste
collector to collect, remove and/or transport municipal waste or recyclable
materials within the Township of West Vincent without first registering
with the Board of Supervisors of the Township of West Vincent and
maintaining full compliance with all conditions of said registration
and all requirements of this article.
B.
Application for registration. All municipal waste collectors shall
register to collect, remove, and/or transport municipal waste and/or
recyclable materials within the Township of West Vincent on application
to the Board of Supervisors. Said municipal waste collector may collect,
remove or transport municipal waste and/or recyclable materials within
the Township for a period of one year from the date of issuance of
the registration or until January 31 of the next calendar year from
the calendar year in which the registration is filed, whichever is
earlier, only so long as the registered municipal waste collector
is in full compliance with the requirements of this article and any
regulations enacted pursuant thereto. Each registrant must renew the
registration no later than January 31 of each calendar year. At the
time of registration, the municipal waste collector shall provide
the following information on a form provided by the Township:
(1)
The name of the municipal waste collector, business address, and
telephone number of the business office to receive calls from persons
in the Township who receive collection service.
(2)
The name, address and telephone number of the officers of the corporation
or general partners of the partnership, if applicable.
(3)
The make, model, year, state vehicle registration number, and Chester
County license number of each truck or vehicle which is used in the
Township of West Vincent to collect or transport municipal waste and/or
recyclable materials.
(4)
A copy of the current Chester County municipal waste hauler license
certificate, as required by Chester County Ordinance No. 92-1, as
amended.
(5)
The name and location of the Chester County-designated disposal site
where municipal waste will be taken for disposal.
(6)
The name and location of the processing and/or marketing facilities
where the recyclable materials will be taken.
(7)
Such other information as the Township, in furtherance of this article,
shall deem appropriate and necessary.
C.
Registration fee. At the time of registration, the municipal waste
collector shall pay to the Township a sum as provided for in a schedule
of fees as adopted from time to time by resolution of the Board of
Supervisors.
As a condition of registration and continued validity of such
registration, the municipal waste collector shall establish and make
available to all residents and customers in the Township a program
for the collection, transportation and recycling of recyclable materials
and leaf waste. Such a program shall, at a minimum, comply with the
following:
A.
Provide an option for the collection, removal and recycling of designated
recyclable materials, which are separated from municipal waste, from
each residence, commercial, institutional and municipal establishment,
and community activity served. The collection and removal of recyclable
materials from each residence, commercial, institutional and municipal
establishment shall be available at least once every other week in
accordance with regulations adopted hereunder.
B.
Provide each customer served and participating in the recycling program
with a reusable container or containers for the storage and collection
of recyclable materials. Said containers shall be at least 12 gallons
in size, shall be made of durable plastic, and shall be clearly marked
as recycling containers.
C.
Provide as an option for residents, a program for the collection
of leaf waste at a minimum of once in the spring and once per month
in the fall, in accordance with regulations adopted hereunder, and,
when requested, provide customers with biodegradable bags for the
storage and collection of leaf waste.
D.
Establish procedures for the separation, storage and collection of
recyclable materials and leaf waste, and provide all customers adequate
written notification of the procedures.
E.
To the extent that any resident of the Township of West Vincent includes
leaf waste as part of the municipal waste to be collected and transported
off site for disposal, such leaf waste shall be separated from all
other municipal waste generated at his property. If composting or
other on-site disposal system is not desirable or available, residents
may contract with a municipal waste collector to arrange for pickup
of leaf waste in biodegradable bags, reusable containers, or in bulk.
Haulers shall be required to dispose of such leaf waste at a composting
site.
F.
Provide quarterly written documentation and certification to the
Township of the total number of tons of materials, the types of materials,
and the place of disposition of materials recycled. Reports shall
be filed by 15 days following the close of a calendar quarter.
It shall be unlawful and a violation of this article, and grounds
for the suspension or revocation of a registration or the denial of
a registration renewal, for any municipal waste collector to:
A.
Commingle or mix any municipal waste with any designated separated
recyclable materials or leaf waste collected within the Township.
B.
Fail to provide for the lawful disposition of any municipal waste,
recyclable materials or leaf waste collected or transported within
the Township in accordance with all applicable federal, state or county
laws and regulations.
C.
Fail to recycle recyclable materials in accordance with this article
and federal and state laws and regulations.
D.
Load or operate any vehicle within the Township or transport municipal
waste, recyclable materials or leaf waste within the Township in such
a manner as to allow municipal waste, recyclable materials, or leaf
waste to fall upon the public roads or upon land abutting the public
roads in the Township.
E.
Otherwise create a public nuisance.
As a condition of registration and continued validity of such
registration, any municipal waste collector shall comply with the
following:
A.
Collection equipment and transportation vehicles. The collection
equipment and transportation vehicles used for the collection of municipal
waste shall be of the closed metal body type with an automatic compactor
unit. The said vehicle shall have and display a valid Pennsylvania
vehicle registration sticker and shall at all times be in good and
proper mechanical condition and in compliance with the minimum safety
and sanitary regulations and statutes of the Commonwealth of Pennsylvania.
All such vehicles shall be specifically designed to prevent leakage
of any liquids or fluids. Other type vehicles may be used only for
the collection of recyclable materials, leaf waste, white goods, and
Christmas trees, provided such items are collected in accordance with
other applicable provisions of this article and any other regulations
adopted hereunder. The municipal waste and recyclables so collected
shall be suitably separated and enclosed or covered so as to prevent
roadside littering, attraction of vermin, or creation of other nuisances.
B.
Chester County municipal waste hauler license certificate. Each municipal
waste collector shall secure and maintain a valid Chester County municipal
waste hauler license certificate, shall have a copy thereof within
each vehicle being used for collection or transportation of municipal
waste or recyclables, and shall exhibit the same on demand to the
Zoning Officer or his/her designee or to any police officer of the
Township.
C.
Exhibiting license. At all times while in the process of collecting,
removing or transporting municipal
waste or recyclables in the Township, each municipal waste collector
shall have and display in a proper manner a valid Chester County municipal
waste hauler license on each vehicle being used for collection or
transportation.
D.
Schedules and areas of operation. Each municipal waste collector
shall advise the Township of its current rates schedule, its intended
areas of operation in the Township by street locations, the terms
of service, the scheduled days of collection in different areas of
the Township, and any changes to the collection program.
E.
Compliance. Registered municipal waste collectors shall at all times
comply with the provisions of this article and the regulations adopted
hereunder.
The Board of Supervisors of the Township of West Vincent shall
have the right to refuse to register any municipal waste collector
or to revoke or suspend a registration or refuse to renew the same
if said municipal waste collector, his or its agents or employees
fail to comply with any provision of this article or any regulation
adopted hereunder or any provision of the Pennsylvania Solid Waste
Management Act,[1] the Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act,[2] and the regulations promulgated thereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All persons occupying commercial, institutional, and municipal
establishments within the Township of West Vincent shall: (1) separate
and segregate from municipal waste high-grade office paper, clear
and colored glass, plastic milk and beverage containers, aluminum
containers, bimetal cans, corrugated paper, and such other materials
on the list of recyclable materials, as that list may be changed from
time to time by resolution of the Board of Supervisors, generated
at such establishments; (2) store the materials until collection for
recycling by a registered municipal waste collector; (3) make arrangements
to have a registered municipal waste collector collect and recycle
the recyclable materials at a minimum of once every other week; and
(4) annually provide written documentation and certification to the
Township of West Vincent of the total number of tons of materials
and the type of materials recycled. Such persons may comply with the
reporting requirements hereunder by requiring their registered municipal
waste collector to provide said documentation and certification directly
to the Township.
From the time of collection of recyclable materials by a registered
municipal waste collector pursuant to the provisions of this article
and any rules and regulations adopted hereunder, the recyclable materials
shall become and be the property of the registered municipal waste
collector. It shall be a violation of this article for any person
not duly authorized by the Township of West Vincent to collect, pick
up, or cause to be collected or picked up, any recyclable materials
placed at the curb or other designated place for collection by a registered
municipal waste collector pursuant to the provisions of this article.
Any and each such unauthorized collection in violation hereof from
one or more residences shall constitute a separate and distinct offense
punishable as hereinafter provided in this article.
The collection of municipal waste and recyclable materials by
municipal waste collectors shall be made in compliance with this article
and any additional regulations to be adopted by the Board of Supervisors
to carry out the intent and purpose of this article. Such rules and
regulations shall be approved by resolution of the Board of Supervisors
and, when so approved, shall have the same force and effect as the
provisions of this article. The said rules and regulations may be
amended, modified or repealed by resolution of the Board of Supervisors.
A.
Unlawful activities as public nuisance. It shall be unlawful and
a public nuisance for any person to violate, cause or assist in a
violation of this article, or violate, cause or assist in the violation
of any rule, regulation, or resolution promulgated by the Board of
Supervisors pursuant to this article.
B.
Penalties. Any person who violates any provision of this article
or of the regulations adopted hereunder or any person who engages
in unlawful conduct as defined in this article shall, upon conviction
thereof in a summary proceeding before a Magisterial District Judge,
be sentenced to pay a fine of not more than $1,000 and not less than
$50. Each continuing day of any violation of this article or unlawful
conduct as defined in this article shall constitute a separate offense
punishable by a like fine or penalty.
C.
Injunction. In addition to any other remedy provided in this article,
the Township of West Vincent may institute a suit in equity where
unlawful conduct or a public nuisance exists, as defined in this article,
for an injunction to restrain a violation of this article or any rules,
regulations, or resolution promulgated or issued by the Board of Supervisors
pursuant to this article.
D.
Concurrent remedies. The penalties and remedies prescribed by this
article shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township from exercising any other remedy
provided by this article or otherwise provided by law or equity.
The terms and provisions of this article are to be liberally
construed, so as to best achieve and effectuate the goals and purposes
hereof. This article shall be construed in pari materia with the Solid
Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended,
35 P.S. § 6018.101 et seq.; the Municipal Waste Planning
Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556,
No. 101, 53 P.S. § 4000.101 et seq.; and the rules and regulations
adopted thereunder.
