This article shall be known and may be cited as the "Tredyffrin
Township Municipal Waste and Recyclable Material Collection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
ACT 101
The statewide recycling requirement in Pennsylvania known
as the Municipal Waste Planning, Recycling and Waste Reduction Act
of 1988.
AUTHORIZED COLLECTOR
Person registered and authorized by Tredyffrin Township to
collect, remove, transport, and dispose of municipal waste, recyclable
materials, and/or leaf waste for owners or occupants of single-family
residential establishments, multifamily residential establishments,
commercial establishments, institutional establishments, and municipal
establishments in Tredyffrin Township.
CHESTER COUNTY WASTE MANAGEMENT PLAN
The Chester County Act 101, Municipal Waste Management Plan,
adopted by the Chester County Board of Commissioners on September
25, 1990, and approved by the Pennsylvania Department of Environmental
Resources, and which may be amended from time to time.
COMMERCIAL ESTABLISHMENT
A building or buildings used or designed for use for commercial
purposes, including wholesale, retail, industrial, manufacturing,
transportation, financial or professional services, offices, businesses,
or other commercial activities.
CURBSIDE COLLECTION
The placement of recyclable materials at the curbline or
other location adjacent to Township streets and roads as established
by the Township and/or authorized collector. Recycling containers
shall not be placed on the paved portion of a roadway or sidewalk
or otherwise obstruct the flow or vision of motorists or pedestrians
traveling on adjacent roads, streets, or sidewalks.
DISPOSAL FACILITY
A state-permitted facility which processes or acts upon municipal
waste, recyclable materials, and/or leaf waste so as to dispose of
the material, such as a composting facility, an incinerator, a resource
recovery plant, a recycling processing facility, a waste-to-energy
facility, or a sanitary landfill.
INSTITUTIONAL ESTABLISHMENT
Of or pertaining to any establishment engaged in service
to persons, but not limited to hospitals, nursing homes, orphanages,
schools, universities, churches and social or fraternal societies
and organizations.
LEAF WASTE
Leaves, garden residues, tree limbs and similar materials,
but not including grass clippings.
MUNICIPAL ESTABLISHMENT
Of or pertaining to any office or other property under the
control of any branch or arm of the Federal Government of the United
States of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania including, but not
limited to, the Township of Tredyffrin, any counties, cities, townships,
and municipal authorities.
MUNICIPAL WASTE
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 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.
MUNICIPAL WASTE CONTAINTER
A container designated by the property owner or resident
for the storage of municipal waste. A container may be provided by
the property owner, resident or tenant, or the authorized collector
collecting municipal waste. A container must be durable, watertight,
and be at least thirty-gallons in size.
PERSON
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.
RECYCLABLE MATERIALS
Those materials specified by Tredyffrin Township for collection
in accordance with this article and recycling regulations that may
be promulgated from time to time for separation, collection, processing,
and recovery as part of a recycling program. These materials may include
aluminum containers, bi-metal containers, cardboard, glass, leaf waste,
magazines, mixed paper, newspaper, office paper, and plastic.
RECYCLING CONTAINER
A container designated by the property owner or resident
for the storage of recyclable materials. A recycling container may
be provided by the property owner, resident or tenant, or the authorized
collector collecting recyclable materials. A container must be durable,
and be at least 30-gallons in size with a label indicating the container
is for recyclable materials.
RESIDENT
Any person which owns, leases or occupies a property located
in Tredyffrin Township used as a residence.
SOURCE-SEPARATION
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
TOWNSHIP
The governmental jurisdiction and legal entity of Tredyffrin,
Pennsylvania.
WASTE FLOW CONTROL ORDINANCE
An ordinance by the Chester County Board of Commissioners
Municipal Waste Management Plan, which provides inter alia municipal
waste generated within the County.
It shall be unlawful for any person to collect, remove and/or
transport municipal waste, recyclable materials, and/or leaf waste
within Tredyffrin Township without first registering with the Tredyffrin
Township Manager. This includes contractors, companies, organizations,
or other entities that perform landscaping or other yard services
to persons in the Township and transport leaf waste off the property
where it was generated. Exceptions are made for residents who directly
deliver (self-haul) their municipal waste, recyclable materials and/or
leaf waste to a disposal facility.
The collection of municipal waste, recyclable materials, and/or
leaf waste by authorized collector shall be made in compliance with
this article or any other regulations adopted by the Board of Supervisors
of Tredyffrin Township 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. Said rules
and regulations may be amended, modified or repealed by resolution
of the Board of Supervisors.
The collection of municipal waste, recyclable materials, and/or
leaf waste by authorized collector shall be made in compliance with
this article or any other regulations adopted by the Board of Supervisors
of Tredyffrin Township 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. Said rules
and regulations may be amended, modified or repealed by resolution
of the Board of Supervisors.
The terms and provisions of this article are to be liberally
construed to best achieve and effectuate the goals and purposes hereof.
This article shall be construed in pari materia with the Pennsylvania
Code of Regulations, Storage, Collection, and Transportation of Municipal
Waste and Act 101, and the rules and regulations adopted thereunder.