[Ord. 174, 3/17/2004, § 1]
This Part shall be known as the "East Vincent Township Municipal
Waste Collection and Recycling Ordinance."
[Ord. 174, 3/17/2004, § 2]
As used in this Part, the following terms shall have the meanings
indicated:
Empty, 100% aluminum beverage and food containers.
Empty food or beverage containers consisting of both steel
and aluminum.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business, or establishment.
An activity or event sponsored or organized by a public or
private organization conducted in East Vincent Township including,
but not limited to, fairs, bazaars, socials, picnics, and organized
sporting events, that shall be attended by a minimum of 25 or more
individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
A method of collection of residentially-generated recyclables
by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside (or similar
place along the public right-of-way fronting their properties), at
times designated by the private hauler or by resolution of the Township
Board of supervisors, for collection and removal by a private hauler
for delivery to a recycling center.
Empty food and beverage jars or bottles made from silica
or sand, soda ash, and limestone, the product being transparent or
translucent (either clear, green or brown) excluding, however, blue
glass, flat glass, plate glass, glass commonly know as "window glass,"
automotive glass and ceramic and porcelain products.
Any white paper of the type commonly used for letter-writing
stationery, note paper, plain paper photocopying machines, computer
printers and other general-purpose paper, whether or not any printed
or written matter is contained thereon, excluding, however, newspaper,
junk mail or other chemically coated paper or corrugated paper.
Of or pertaining to any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes,
orphanages, schools, universities, churches and social or fraternal
societies and organizations.
Magazines, glossy or other chemically coated paper, and any
other paper products including, but not limited to, construction paper,
wrapping paper, phone books, paperback books, paper food boxes (excluding
plastic liners and plastic windows), tablet paper and Post-it Notes,
manila envelopes, file folders, fax paper, clean tissue paper, catalogues,
gift boxes (excluding liners), and paper bags, expressly excluding
hardback books, high-grade office paper, newspaper, corrugated paper,
photographs, overnight envelopes, pizza boxes and other packaging
with food contamination, soiled napkins, soiled paper towels, soiled
tissue, carbon paper, foil wrapping paper, paper food packaging with
plastic, metal, foil or cellophane parts, or with wax or plastic coatings.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings and similar material capable
of composting, but excluding grass clippings.
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units per structure. The term "multi-family
housing property" specifically includes mobile home parks.
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, East Vincent Township, any counties, cities, boroughs,
incorporated towns, Townships and municipal authorities.
An all-encompassing, most general term meaning any garbage,
refuse, industrial lunchroom or office waste and other material, including
solid, liquid, semisolid or contained gaseous material, resulting
from operation of residential, municipal, commercial or institutional
establishments, except farm-produced manure, other agricultural waste
and food processing waste used on land where such materials will improve
the condition of the soil, the growth of crops or the restoration
of the land for the same purposes and any sludge not meeting the definition
of "residual or hazardous waste" as defined in the Solid Waste Management
Act, Act of July 7, 1980, P.L. 380, No. 97 ("Act 97," 35 P.S. § 6018.101
et seq.); but, excluding recyclables.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes junk mail or other chemically coated paper, high-grade office
paper and any other paper products of any nature.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, trust, municipality, municipal authority,
Federal Government or agency, Commonwealth institution or agency or
any other legal entity whatsoever which is recognized by law as the
subject of rights and duties. In any provision of this Part 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 other legal entity having officers and directors.
Plastic containers imprinted with the SPI Code No. 1, such
as beverage bottles, dishwashing soap bottles, shampoo bottles and
similar items, excluding lids and caps.
Plastic containers imprinted with SPI Code No. 2, such as
plastic milk jugs, water bottles, detergent bottles, and similar items,
but excluding lids, caps and motor oil bottles.
A person licensed by the Commonwealth per the amended Waste
Transportation Safety Program, 27 Pa.C.S.A. § 6201 et seq.,
to collect, haul, transport and dispose of municipal waste and/or
recyclables. All such haulers shall comply with the provisions of
the aforementioned program, as well as all Federal, State, and local
laws, rules and regulations.
Materials designated as recyclable in this Part and recycling
regulations which may be promulgated from time to time. The Township
hereby designates glass containers, bimetallic cans, aluminum cans,
high-grade office paper, newspapers, corrugated material and plastic
#1 and plastic #2 containers as recyclable materials and recyclables.
The list of recyclable materials may be amended from time to time
by resolution of the Board of Supervisors of East Vincent Township.
A facility designed to, and which does, act as a collection
center for the processing, storage and shipment of recyclables. The
term specifically excludes transfer stations and landfills for solid
waste and composting facilities and resource recovery facilities and,
specifically excludes charitable organizations that accept recyclables
for collection but do not process such recyclables.
East Vincent Township, Chester County, Pennsylvania.
[Ord. 174, 3/17/2004, § 3]
1.
All municipal waste generated on private property within the Township
shall be stored so as to prevent the attraction, breeding or harborage
of insects or rodents and to prevent conditions which may create potential
hazards to the public health or which may create fire and other safety
hazards, odors, unsightliness, or public nuisance.
2.
All municipal waste accumulated on private property in the Township
shall be placed in sanitary closed or covered containers in accordance
with the following standards:
A.
Containers used for the storage of municipal waste shall be of metal
(rust and corrosion resistant), or sturdy synthetic material equipped
with lids and waterproof and leak-proof.
B.
Containers containing municipal waste shall not be placed out for
collection more than 12 hours before the day of collection and the
empty containers shall be removed within 12 hours after the municipal
waste has been collected.
C.
Except as otherwise required by law, no person, except the occupants
of the property on which a waste container is placed, an authorized
private hauler, and the Township Code Enforcement Officer shall remove
the lids of the container and/or remove the contents thereof.
D.
All hazardous waste including, but not limited to, municipal waste
of a highly flammable or explosive nature or highly infectious or
contagious municipal waste, shall not be stored for ordinary collection,
but shall be specially disposed of in accordance with the directions
of the Township, or of any State or Federal authority having jurisdiction
thereof.
E.
Containers, other than bulk containers, shall be placed at such locations
as may be agreed upon by the person and the authorized private hauler.
F.
Bulk containers (such as dumpsters) shall be placed, whenever possible,
at ground level and at a point on the property being serviced by the
private hauler which will enable clear and easy access to the container
by the private hauler's vehicle.
G.
Bulk containers shall not be permitted to overflow or to have municipal
waste strewn or left about them on the ground. A violation of this
provision shall be deemed a violation of this Part by the person on
whose property the bulk container is located, if it is located on
private property.
[Ord. 174, 3/17/2004, § 4]
1.
All owners of private property within the Township shall provide
for the regular preparation, collection and removal of all municipal
waste generated at such properties in the manner set forth herein.
2.
All municipal waste generated at residences within the Township shall
be collected and removed at regular, scheduled collection intervals
at least once each week, except where conditions prevent it which
are beyond the control of the owner or occupant of the property or
the private hauler (as applicable).
3.
Nothing herein shall limit the right of the Township to implement
public collection of municipal waste or recyclables either by entering
into contracts or by engaging in any collection practice permitted
by law.
4.
Nothing in this section shall modify the requirements in this Part
pertaining to separation and disposal of recyclables. Nothing in this
section shall impair the ability of the Township to provide a system
of placement for removal and public collection of leaf waste, or for
Township residents to utilize such system of public collection of
leaf waste, anything herein contained to the contrary notwithstanding.
[Ord. 174, 3/17/2004, § 5]
1.
Nothing contained herein shall be deemed to prohibit any person from
hauling municipal waste or recyclables on an irregular and unscheduled
basis to any facility permitted by the Commonwealth of Pennsylvania
Department of Environmental Protection (DEP), provided that such hauling
shall be in addition to, and not in place of, the regular removal
of municipal waste and recyclables as required herein.
2.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operation, including use of newspaper
(e.g., shredding for bedding for farm animals), composting and spreading
of manure or other farm-produced agricultural wastes.
[Ord. 174, 3/17/2004, § 6]
1.
Any person transporting municipal waste or recyclables within the
Township shall prevent or remedy any spillage from vehicles or containers
used in the transport of such municipal waste or recyclables.
2.
All persons authorized to transport municipal waste or recyclables
shall do so in vehicles that are provided with either closed, covered
containers or which have measures taken to prevent waste from being
blown or falling from the vehicle.
3.
The transfer of municipal waste or recyclables from one collection
vehicle to another may not take place in the Township, except on private
property in the Industrial Zoning Districts or elsewhere in the event
of traffic accidents. Except as caused by traffic accidents, no such
transfer may take place on any public right-of-way and no such transfer
operation may block traffic, create litter or in any other manner
constitute a nuisance, create a health hazard or violate any other
ordinance of the Township or provision of statutory law.
[Ord. 174, 3/17/2004, § 7]
All municipal waste collected from properties in the Township
shall be transported and disposed of only at a facility or landfill
approved by the DEP.
[Ord. 174, 3/17/2004, § 8]
Leaf waste shall be kept separate from all other forms of municipal
waste and separate from recyclables. If the municipal waste generated
at the property is collected by a private hauler, then the landowner
shall place leaf waste at the curb for collection at the times designated
for municipal waste collection in accordance with the provisions of
this Part, or otherwise disposed of in a manner designated from time
to time by resolution of the Township Board of Supervisors. Any person
who directly delivers (self-hauls) his municipal waste to sites designated
by the DEP shall deliver his leaf waste to compost sites. Any person
who otherwise provides for the proper disposal of leaf waste by composting
shall not be required to comply with the provisions of the subsection.
[Ord. 174, 3/17/2004, § 9]
There is hereby established a program for the mandatory separation
and collection of recyclable materials from municipal waste, as set
forth herein, from residential, commercial, institutional and municipal
premises within the Township.
[Ord. 174, 3/17/2004, § 10]
1.
Recyclables shall be kept separate from and disposed of separately
from municipal waste and leaf waste, to the extent required by the
following provisions:
A.
Owners or occupants of all residential properties shall separate recyclable materials from municipal waste and leaf waste generated at residences and shall store said materials until they are collected for recycling in accordance with the provisions of §§ 20-111 and 20-112 below. An owner, landlord, or agent of an owner or landlord, of a multi-family housing property shall be deemed to have complied with its separation responsibilities if it establishes a collection system at each property in accordance with § 20-112 below.
B.
In addition to the recyclable materials designated herein, owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall separate high-grade office paper and corrugated paper from municipal waste generated at the properties or locations of the community activities and shall store all such recyclable materials until they are collected for recycling in accordance with the provisions of § 20-113 below. An owner, or agent of an owner, or a commercial, municipal or institutional establishment or property, or a sponsor or organizer of a community activity involving 100 people or more, shall be deemed to have complied with its separation responsibilities if it establishes a collection system at each property, or location of community activity, as applicable, in accordance with § 20-113 below.
2.
Newspaper shall be tied securely both across and lengthwise in easy-to-manage
bundles or placed in paper bags or corrugated paper boxes, each of
which shall not exceed 50 pounds in weight, and kept dry. All other
recyclable materials shall be emptied and cleaned and placed commingled
in containers supplied by the private hauler or in other suitable
type of rigid and waterproof open top containers holding not less
than five gallons or more than 30 gallons, and shall not exceed 50
pounds in weight.
[Ord. 174, 3/17/2004, § 11]
For residential properties, other than multi-family housing
properties, and municipal properties, all recyclable materials shall
either be placed at curbside to be collected by a private hauler at
times designated by the private hauler or by resolution of the Township
Board of Supervisors or taken directly to a recycling center. Containers
containing recyclables shall not be placed out for collection more
than 12 hours before the day of collection and the empty containers
shall be removed within 12 hours after the recyclables have been collected.
[Ord. 174, 3/17/2004, § 12]
1.
For multi-family housing properties, all recyclable materials shall
either be delivered directly to a recycling center, or shall be picked
up by a private hauler separately from municipal waste, in a prearranged
manner.
2.
Recyclables generated in multi-family housing properties shall not
be placed at the curbside for collection, such curbside collection
being intended solely for the placement of recyclables generated in
residential properties other than multi-family housing properties
and in municipal properties.
3.
The landlord of every multi-family housing property shall require,
by a clause in the lease or other enforceable rule or regulation,
that the occupants in such property comply with the requirements of
this Part governing separation and disposal or placement for removal
of recyclables in multi-family housing properties. Every such landlord
shall set up a convenient and practical system in such properties
for the collection, storage and regular disposal or placement for
removal of recyclables generated by residents of such properties.
Such system shall include suitable containers for collecting and sorting
recyclables, easily accessible locations for the containers and written
instructions to the occupants concerning the use and availability
of the collection system. In addition, such owners, landlords, and
agents shall annually provide written documentation and certification
to the Township of the total number of tons of materials and the types
of materials recycled. Such owners, landlords, and agents may comply
with the reporting requirements hereunder by requiring their private
hauler to provide said documentation and certification directly to
the Township. Owners, landlords, and agents of owners or landlords
who comply with this Part under thus subsection shall not be liable
for the noncompliance of occupants of their buildings.
[Ord. 174, 3/17/2004, § 13]
All recyclable materials accumulated by commercial and institutional
establishments and properties and community activities shall either
be delivered directly to a recycling center or shall be picked up
by a private hauler separately from municipal waste, in a prearranged
manner. Commercial and institutional establishments and community
activities shall not place recyclables at the curbside for collection,
such curbside collection being intended solely for the placement of
recyclables generated in residential properties, other than multi-family
housing properties, and municipal properties. In addition, such commercial
and institutional establishments and properties shall annually provide
written documentation and certification to the Township of the total
number of tons of materials and the types of materials recycled. Such
commercial and institutional establishments and properties may comply
with the reporting requirements hereunder by requiring their private
hauler to provide said documentation and certification directly to
the Township.
[Ord. 174, 3/17/2004, § 14]
No person who is not specifically authorized to do so by the
Commonwealth of Pennsylvania shall burn or incinerate any recyclable
material.
[Ord. 174, 3/17/2004, § 15]
1.
With the exception of those persons who directly deliver (self-haul)
their municipal waste and/or recyclables, it shall be unlawful for
any person, other than such persons as are duly authorized by the
Commonwealth, to collect or remove municipal waste or recyclables
from any other person's property, and transport municipal waste
or recyclables within or from the Township. Any and each such collection
in violation hereof from each location shall constitute a separate
and distinct offense punishable as hereinafter provided.
2.
All agreements for collection, transportation and disposition of
municipal waste and recyclables shall be by private contract between
the owner or occupant of the property where the waste is generated
and the private hauler who is to collect such waste and/or recyclables.
3.
Nothing in this Part shall be construed to prevent, penalize or otherwise
make illegal the donation of recyclables to any person, partnership,
corporation or charitable entity.
[Ord. 174, 3/17/2004, § 16]
1.
Except as set forth in Subsection 2 below, from the time of placement for collection of residentially generated recyclables for collection by a private hauler, in accordance with the terms of this Part, the items shall be and become the property of the private hauler.
2.
The presence of any articles containing a person's name among
municipal waste or recyclables shall create a rebuttable presumption,
for purposes of this Part, that said municipal waste or recyclables
are the property of the person who name is found therein. This presumption
can only be rebutted by clear and convincing evidence to the contrary.
[Ord. 174, 3/17/2004, § 17]
1.
All private haulers shall have an affirmative duty to follow and
conduct themselves in accordance with their current license or permit,
as issued by DEP or other applicable authorized agency, and to service
each of their customers in accordance with each customer's recycling
plan (where applicable), failure of which shall be a violation of
this Part.
2.
All private haulers contracted for the collection of municipal waste
within the Township shall provide their customers the service of recyclables
collection as described herein. Failure to provide such recyclables
collection shall be a violation of this Part.
3.
All private haulers contracted for the collection of municipal waste
within the Township shall convey and dispose of municipal waste only
at such sites approved by the DEP.
4.
Private haulers shall have the window sticker issued for each vehicle
with the license displayed on the vehicle for which it is issued as
directed by the amended Waste Transportation Safety Program, 27 Pa.C.S.A.
§ 6201 et seq.
5.
Private haulers shall have placed on the doors or each side of the
body of each vehicle the name of the hauler, the telephone number
of the hauler's office or headquarters, and the type of waste
being transported therein (or, if recyclables are being transported
therein, then such is to be indicated). The size of such lettering
shall be no less than six inches in height and clearly legible. Vehicles
shall be so marked within 10 days after the commencement of their
use in the Township.
6.
Private haulers shall be responsible for maintaining each vehicle
used for collection in the Township in good operating condition to
assure that the schedule of collections can be maintained. The vehicles
must be kept clean so as to present a favorable appearance. All such
vehicles shall be specifically designed to prevent leakage of any
liquid or fluids.
7.
Private haulers shall be responsible for the manner in which their
employees perform work pertaining to collection, hauling and disposal
of municipal waste and recyclables under the terms of this Part.
8.
Private haulers shall pay all costs charged for the use of any disposal
facilities which the private hauler utilizes.
9.
Private haulers shall empty bulk containers (such as dumpsters) which
have been provided by them to their customers when such bulk containers
become full.
10.
At least annually, and upon request of the Township, a private hauler
shall provide to the Township any and all of the private hauler's
records, pertaining to customer lists, collection records, and weight
slips and receipts from landfills, transfer stations, and recycling
centers (as applicable). The Township shall have the right to request
and receive such records to the extent it may deem same to be necessary
to the furtherance of the purposes, administration and enforcement
of this Part. Once a written request for records is made by the Township
pursuant hereto, the private hauler to whom the request is directed
shall comply therewith and supply the requested records in accordance
herewith within 10 calendar days from the date of the request, failure
of which shall be a violation of this Part.
[Ord. 174, 3/17/2004, § 18]
1.
All private haulers operating in East Vincent Township shall be properly
licensed or permitted as required by law and shall carry the following
minimum liability insurance coverage:
A.
General liability insurance (non-automotive) for bodily injury and
property damage in the amount of $1,000,000 per occurrence but with
the aggregate limit of $2,000,000.
B.
Automotive liability insurance for bodily injury in a minimum amount
of $1,000,000 per occurrence and property damage in the minimum amount
of $500,000.
C.
Umbrella excess liability coverage for all types of claims in the
amount of $3,000,000.
2.
The private hauler shall deliver to the Township a certificate issued
by an insurance company reasonably satisfactory to the Township, indicating
that the private hauler has obtained the aforesaid insurance. The
private hauler shall have the right to substitute other insurance
policies containing the same provisions as the original policies;
provided however, that all such policies shall be in a form as issued
by insurance companies, reasonably acceptable to the Township.
[Ord. 174, 3/17/2004, § 19]
No private hauler shall accept, pick up or remove any bag or
other container of municipal waste which the hauler knows, or has
reason to believe contains recyclables.
[Ord. 174, 3/17/2004, § 20]
All private haulers doing business within the Township of East
Vincent shall make available to their customers the service of removal
of "white goods" (discarded major appliances, television sets, and
similar articles). The Township shall create and maintain a list of
private individuals who deal with the removal of freon from refrigerators
and air-conditioning units for residents.
[Ord. 174, 3/17/2004, § 21]
The Township Board of Supervisors and its designee are hereby
authorized and directed to enforce this Part. The Board of Supervisors
is hereby authorized and may establish by resolution reasonable regulations
as to the manner, materials, days of each month, and times for the
collection of recyclable materials in accordance with the terms hereof,
and any other matters required to implement this Part. The Board of
Supervisors may change, modify, repeal or amend any portion of said
rules and regulations at any time.
[Ord. 174, 3/17/2004, § 22; as amended by Ord. 185, 8/2/2006]
1.
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 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. For purposes of this section,
the doing of any act or thing prohibited by this Part, or the failure
to do any act or thing as to which any provision of this Part creates
any affirmative duty, shall constitute a violation of this Part, punishable
as herein stated.
2.
Private haulers who shall violate any provision of this Part may
be reported to the DEP, by the Township, and may be subject to the
revocation of the Commonwealth's authorization to transport municipal
waste, as described in the amended Waste Transportation Safety Program,
27 Pa.C.S.A. § 6201 et seq.
[Ord. 174, 3/17/2004, § 23]
Whenever the requirements of this Part are in conflict with
other requirements of the ordinances of the Township, those imposing
the highest standard shall govern.
[Ord. 174, 3/17/2004, § 23]
The terms and provisions of this Part are to be liberally construed,
so as to best achieve and effectuate the goals and purposes hereof.
This Part shall be construed in pari materia with Act 97, Acts 101
and the rules and regulations adopted thereunder.
