This article shall be known as the "West Brandywine Township Recycling Ordinance."
When not specifically found in this article, definitions of terms can be found in the Code of the Township of West Brandywine, Chapter 1, General Provisions, Article III, Terminology. Where any definition is found to be inconsistent with other sections of the Township Code, the text within the provision shall prevail.
The Township of West Brandywine hereby establishes a program for the mandatory source separation and collection of recyclable materials from the solid waste stream by all persons within the Township. Collection of the materials to be recycled shall be made periodically by the Township, its authorized collector, or a private hauler as deemed necessary for recycling purposes.
A.
The Township Supervisors shall have the authority to adopt, modify, and amend the recycling regulations from time to time by resolution, including, without limitation, regulations regarding what materials must be separated for recycling, preparation of recyclable materials, and or the placement or collection methods for recyclable materials.
B.
Regulations adopted by the Township Supervisors shall be posted on the Township's website.
C.
A violation of any such regulations shall be deemed a violation of this article and subject to the same penalties hereunder.
A.
It is prohibited and will be deemed a violation for any person in the Township to put or cause to put leaf waste with municipal solid waste generated on any property.
B.
Nothing herein shall prevent any person from utilizing leaf waste as compost, mulch, or other agricultural, horticulture, or landscaping purposes on the property where the leaf waste is generated.
C.
Owners or occupants of single-family residential dwellings shall separate leaf waste from other municipal solid waste and store the materials until collection. No leaf waste shall be commingled with other municipal solid waste collected by the Township or its agents or contractors. The Township will collect leaf waste curbside on designated days in compost bags or loose via leaf vacuum as set forth by the Township.
D.
Owners or occupants of multiple family residential dwellings shall separate leaf waste from other municipal solid and store the materials until collection. No leaf waste shall be commingled with other municipal solid waste collected by the Township or its agent or contractors. Owners or occupants of multiple-family dwellings not served by the Township's municipal solid waste collection program shall arrange with a registered hauler for the separate collection, processing, and disposal of leaf waste at a composting site licensed by the state.
E.
Owners or occupants of commercial, industrial, institutional, and municipal establishments shall separate leaf waste from other municipal solid waste and store the materials until collection. No leaf waste shall be commingled with other municipal solid waste collected by the Township or registered haulers. Owners or occupants of commercial, industrial, institutions, and municipal establishments shall arrange with a registered hauler for the separate collection, processing, and disposal of leaf waste at a composting site licensed by the state.
F.
Persons in the Township have the option of self-hauling leaf waste to the West Brandywine Township Maintenance Facility on a designated Saturday of each month or on other dates and times as designated by the Township.
A.
Single-family residential establishments.
(1)
Single-family residential establishments include residential dwelling units as defined by "dwelling, single-family," "dwelling, single-family attached," "dwelling, two-family attached (twin)," and "dwelling, two-family semidetached (duplex)" in the Township Code.
(2)
Except as otherwise provided herein, all persons owning or occupying single-family residential establishments as defined herein shall separate all recyclable materials generated in their residential establishment from municipal solid waste. Recyclable materials shall be put in the Township-issued recycling container and the container shall be placed curbside or in another designated location for collection by the Township or its agents or contractors.
(3)
Collections of recyclable materials shall be made in accordance with the schedule of areas and dates to be published on the Township's website.
(4)
Requirements for collection.
(a)
All recyclable materials as designated in this article must be placed in the Township-issued recycling container for single stream collection.
(b)
Recyclable materials placed in the Township-issued recycling container shall not be contained in plastic bags.
(c)
Lids attached to the Township-issued recycling container must be kept completely closed to prevent recyclable materials from being blown about or littered on Township streets or on private property.
(d)
The storage of all recyclable materials shall be practiced, preventing the attraction, harboring or breeding of insects and/or rodents or vermin and to eliminate conditions harmful to the public health or which create safety hazards, odors, unsightliness and/or public nuisances.
(e)
No persons shall place recyclable materials in containers used for the collection of municipal solid waste and no municipal solid waste shall be placed in Township-issued recycling containers.
(f)
Township-issued recycling containers shall be placed at the curbside or other location as designated by the Township for collection. Under no circumstances shall a Township-issued recycling container 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.
B.
Multifamily residential establishments.
(1)
Multifamily residential establishments include residential dwelling units as defined by "dwelling, multiple-family" of the Township Code.
(2)
The owners and occupants of multifamily residential establishments must establish a system of source separation, collection, transportation and recycling of the recyclable materials designated in this article. Arrangements for the collection of recyclable materials shall be the responsibility of the owner of the property in which the recyclable materials were generated and/or the person contractually obligated to the owner to arrange for collection and disposal of solid waste and recyclable materials.
(3)
Owners, landlords, or agents of owners or landlords of multifamily residential establishments must establish a collection system for recyclable materials. The system must include an appropriate number of recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated at the property. It must also include the written instructions to the tenants or occupants of multifamily residential establishments to inform them of the requirement to recycle and the use and availability of the collection program.
(4)
Owners, landlords, or agents of owners or landlords of multifamily establishments must contract with a registered hauler for the for the collection.of recyclable materials if their building is not serviced by the Township-sponsored single stream recycling program.
(5)
No persons shall place recyclable materials in containers designed for the collection of recyclable materials.
(6)
Recyclable material collection frequency shall be set by the owner, landlord, or agent of an owner or landlord of a multifamily residential establishment and the contracted registered hauler. Collection frequency must occur at least biweekly or more frequently as to prevent containers from being overfilled with recyclable materials that may cause materials to be blown about or littered on Township streets and private property.
(7)
The owner, landlord, or agent of an owner or landlord of multifamily residential establishments must provide a written report to the Township that lists the contracted state-authorized hauler collecting recyclable materials from the property, the total quantity of each recyclable material collected, and the name and affiliation of the person submitting the report. Reports are to be submitted annually to the Township no later than February 1 that provides the requested information from the previous calendar year.
C.
Mobile home parks.
(1)
Mobile home parks include residential dwelling units placed on a parcel of land as designated in the Township Code.
(2)
The owners and occupants of mobile home parks must establish a system for source separation, collection, transportation, and recycling of the recyclable materials designated in this article. Arrangements for the collection of the recyclable materials shall be the responsibility of the owner of the property in which the recyclable materials were generated and/or the person contractually obligated to the owner to arrange for collection and disposal of solid waste and recyclable materials.
(3)
Owners of mobile home parks must establish a collection system that includes an appropriate number of recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated at the property. Owners must provide written instructions to the tenants or occupants of mobile home parks to inform them of the requirement to recycle and the use and availability of the collection program.
(4)
Owners of mobile home parks must contract with a registered hauler for the collection of recyclable materials.
(5)
No persons shall place recyclable materials in containers used for the collection of municipal solid waste and no municipal solid waste shall be placed in containers designed for the collection of recyclable materials.
(6)
Recyclable material collection frequency shall be set by the owner of a mobile home park and the contracted registered hauler. Collection frequency must occur at least weekly or more frequently as to prevent containers from being overfilled with recyclable materials that may cause materials to be blown about or littered on Township streets and private property.
(7)
The owner of a mobile home park must provide a written report to the Township that lists the contracted registered hauler collecting recyclable materials from the property, the total quantity of each recyclable material collected, and the name affiliation of the person submitting the report. Reports are to be submitted annually to the Township no later than February 1 providing the requested information from the previous calendar year.
D.
Commercial, industrial, institutional, and municipal establishments.
(1)
Commercial, industrial, institutional, and municipal establishments required to recycle under this provision are described in § 1-20 of the Township Code.
(2)
The owners or occupants of commercial, industrial, institutional, and municipal establishments must establish a system for source separation, collection, transportation, and recycling of the recyclable materials designated in this article. Arrangements for the collection of recyclable materials are designated in this article. Arrangements for the collection of recyclable materials shall be the responsibility of the owner of the property in which the recyclable materials were generated and/or the person contractually obligated to the owner to arrange for collection of recyclable materials.
(3)
Owners or occupants of commercial, industrial, institutional, and municipal establishments must establish a collection system that includes an appropriate number of recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated at the property. Owners or occupants must provide written instructions to the tenants, customers, employees, or other individuals to inform them of the requirement to recycle and the use availability of the collection program.
(4)
Owners or occupants of commercial, industrial, institutional, and municipal establishments must contract with a registered hauler for the collection of recyclable materials.
(5)
No persons shall place recyclable materials in containers used for the collection of municipal solid waste and no municipal solid waste shall be placed in containers designed for the collection of recyclable materials.
(6)
Recyclable material collection frequency shall be set by the owner or occupant of a commercial, industrial, institutional, or municipal establishment and the contracted registered hauler. Collection frequency must occur at least biweekly or more frequently as to prevent containers from being overfilled with recyclable materials to be blown about or littered on Township streets and private property.
(7)
The owner or occupant of a commercial, industrial, institutional, or municipal establishment must provide a written report to the Township that lists the registered hauler collecting recyclable materials from the property, the total quantity of each recyclable material collected, and the name and affiliation of the person submitting the report. Reports are to be submitted annually to the Township no later than February 1 providing the requested information from the previous calendar year.
E.
Community activities.
(1)
Community activities required to recycle under this provision are defined in § 1-20 of the West Brandywine Township Code.
(2)
The organizers or sponsors of community activities must establish a system for source separation, collection, transportation, and recycling of the recyclable materials designated in this article. Arrangements for the source separation and collection of recyclable materials shall be the responsibility of the organizers or sponsors.
(3)
Organizers or sponsors of community activities must establish a collection system that includes an appropriate number of recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated. Organizers and sponsors must provide signage and/or labels to indicate what recyclable materials are to be source separated.
(4)
Organizers or sponsors must contract with a registered hauler for the collection of recyclable materials.
(5)
Organizers or sponsors of a community activity must provide a written report to the Township that lists the registered hauler collecting recyclable materials from community activities, the total quantity of each recyclable material collected, and the name and affiliation of the person submitting the report. Reports are to be submitted annually to the Township no later than February 1 providing the requested information from the previous calendar year. A separate report must be submitted for each unique community event in the Township.
All recyclables placed out for the Township recycling collection service shall be owned by and be the responsibility of the owner and/or occupant of the property accumulating and storing said recyclables until the same are collected. The contractual arrangements between the Township and the contractor providing Township recycling collection service shall govern whether ownership of such recyclables rests with the Township or the contractor upon its acceptance and collection of the same.
A.
It shall be unlawful for any person to place hazardous or residual waste, as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101),[1] in municipal solid waste or discard or otherwise dispose of hazardous or residual waste except by disposition in compliance with applicable state and federal laws and regulations. For specific material recycling and disposal requirements, refer to the Chester County Solid Waste Authority or Pennsylvania Department of Environmental Protection guidelines.
B.
It shall be unlawful for any person to place a used lead acid battery in municipal solid waste or to discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a secondary smelter permitted by the U.S. Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of Pennsylvania.
C.
In accordance with the Covered Device Recycling Act (CDRA), Act 108 of 2010,[2] no person may dispose of a covered device or any of its components with their municipal solid waste. This type of waste requires special collection and disposal arrangements. Covered devices that may be brought to the Township Building for recycling shall be listed on the Township's website.
D.
Information on how to recycle covered devices not accepted at the Township Building may be obtained by the Chester County Solid Waste Authority or Pennsylvania Department of Environmental Protection.
E.
Large and small appliances containing Freon may not be combined with municipal solid waste. These appliances contain chlorofluorocarbons and Freon that must be removed by a certified professional, and these should be taken to a Freon-certified handler. Freon-containing appliances may include, but are not limited to, refrigerators, freezers, air conditioning units, dehumidifiers, and water coolers.
It shall be unlawful and a violation of this article for any person in the Township carry out the following activities:
A.
Collection by unauthorized persons. From the time of recyclable materials placement at the curb or other designated location, it shall be a violation of this article for any person unauthorized by the Township to collect or pick up recyclable materials. Any and each collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereafter provided.
B.
Burning of recyclable materials. The burning of municipal solid waste, recyclable materials, and leaf waste shall be prohibited at all times in the Township. This shall include construction and demolition debris as defined in Chapter 1, Article III of the Township Code, municipal waste as defined by Act 101 of 1998,[1] and recyclable materials, including leaf waste. Nothing contained herein shall prohibit a farmer from carrying out the normal and customary activities of their farming operations as provided for under the Pennsylvania Right to Farm Act, 3 P.S. § 951 et seq., as amended by Act 1998-58,[2] provided that such activities are conducted in accordance with applicable laws, rules and regulations.
C.
Littering/illegal dumping. It is unlawful for any person in the Township to dump or deposit municipal solid waste, recyclable materials, leaf waste or any other refuse on any private or public property or grounds in the Township.
D.
Overfilling containers. Containers of municipal solid waste, recyclable materials, leaf waste, or any other refuse must not be overfilled to provide for or allow materials to become displaced by natural or manufactured elements.
E.
Storing/stockpiling materials. It is prohibited for any person in the Township to store, process, or dispose of any regulated municipal solid waste or recyclable materials except at a facility or in preparation for the collection by the Township or registered hauler as provided herein. Notwithstanding the foregoing, leaf waste may be composted on-site of the property in which it was produced.
F.
Prevention of duties. It is unlawful for any person in the Township to hinder, prevent, or obstruct the Township or registered haulers from carrying out their duties as outlined in this article or in its enforcement.
It shall be unlawful and a violation of this article for any registered hauler operating in the Township to:
A.
Collect or transport any municipal solid waste, recyclable materials, or leaf waste from any person failing to source-separate recyclable materials as required herein.
B.
Commingle source-separated recyclable materials or leaf waste collected with municipal solid waste.
C.
Fail to provide for the proper management of any municipal solid waste, recyclable materials, and leaf waste collected or transported in the Township.
D.
Collect or transport any municipal or solid waste, recyclable materials, or leaf waste in a manner that causes or allows said materials to fall upon Township streets or roads or on private or public property.
E.
Fail to place collection containers in their designated locations off roadways and sidewalks after collection of materials.
F.
Not comply with the annual reporting requirements as required in this article by the Township.
The Township or registered haulers providing municipal solid waste and recyclable material collection services in the Township may refuse to collect municipal solid waste from any person that has clearly failed to source-separate recyclable materials designated under this article. Furthermore, the Township or registered hauler providing recyclable material collection services in the Township may refuse to collect recyclable materials that are contaminated with nonrecyclable materials or municipal solid waste.