[HISTORY: Adopted by the Board of Supervisors
of the Township of New Garden 6-21-2021 by Ord. No. 249.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 162,
Solid Waste and Recycling, adopted 12-21-2001 by Ord. No. 86-1-2001,
as amended.
This article shall be known and may be cited as the "New Garden
Township Waste Collection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The statewide recycling requirement in Pennsylvania known
as the "Municipal Waste Planning Recycling and Waste Reduction Act
of 1988."[1]
Person registered and authorized by New Garden 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, municipal
establishments, and community activities in New Garden Township.
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.
A building or buildings used or designed for use for commercial
purposes, including, but not limited to, wholesale, industrial, manufacturing,
transportation, financial or professional services stores, markets,
office buildings, restaurants, shopping centers, theaters or other
commercial activities.
Events sponsored in whole or in part by New Garden Township
or conducted within New Garden 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.
A facility for composting vegetative material, including
leaves, garden residue and chipped shrubbery and tree trimmings, that
is permitted by the State of Pennsylvania.
A state-permitted facility which processes or acts upon municipal
waste so as to dispose of the material, such as an incinerator, a
resource recovery plant, a waste-to-energy facility, or a sanitary
landfill.
A room or rooms within a building connected together, constituting
a separate independent housekeeping establishment for a single family,
for owner occupancy or for rental, lease or other occupancy on a monthly
or longer basis.
An establishment engaged in service, including, but not limited
to, hospitals, nursing homes, orphanages, schools, universities, churches
and social or fraternal societies and organizations.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
A building or buildings under single or multiple ownership
and designed as a residence for four or more families living independently
of each other and doing their own separate cooking therein, including
apartments, townhomes, or condominiums.
Of or pertaining to any office or other property under the
control of any branch or arm of the Federal Government of the United
State of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania, including, but not
limited to, the Township of New Garden, any counties, cities, townships,
and municipal authorities.
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 sludge not meeting the definition of residential 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 or leaf
waste.
An individual, partnership, association, corporation, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity 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 New Garden 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 include
aluminum cans, bimetal containers, corrugated paper, glass containers,
leaf waste, magazines, mixed paper, newsprint, high-grade office paper,
and plastic containers.
The separation, collection, processing, recovery and sale
or reuse of recyclable materials, which could otherwise be disposed
of or processed as municipal waste.
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. A recycling container must be durable, watertight, and
be at least 13 gallons in size and no more than 95 gallons with a
label indicating the container is for recyclable materials.
A facility employing a process that separates or classifies
recyclable materials and creates or recovers reusable materials that
can be sold to or reused by a manufacturer as a substitute for or
a supplement to virgin raw materials. The term does not includes transfer
facilities, municipal waste landfills, composting facilities or resource
recovery facilities.
An occupied dwelling unit for human habitation, except multifamily
residential establishment with four or more units. Home occupations
incidental to the residential use within a dwelling unit are considered
a residential establishment.
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 New Garden
Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 10-18-2021 by Ord. No. 251]
It shall be unlawful for any person to collect, remove and/or
transport municipal waste, recyclable materials, and/or leaf waste
within New Garden Township without first registering with the New
Garden 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 generated from
their services off the property where the materials were generated.
Exceptions are made for residents who directly deliver (self-haul)
their municipal waste, recyclable materials, and leaf waste to a disposal
facility.
A.
All persons wishing to collect, remove, and/or transport municipal
waste, recyclable materials, and/or leaf waste within the Township
must annually register and receive authorization from the New Garden
Township Manager to provide collection, removal, and transportation
services to residential, commercial, institutional, and municipal
establishments. Authorized collectors may collect, remove or transport
municipal waste, recyclable materials, and/or leaf waste within the
Township from the date of authorization until January 31 of the next
calendar year, only so long as the authorized collector is in full
compliance with the requirements of this article, and any regulations
enacted pursuant thereto. Authorized collectors must renew their registration
with the Township no later than January 31 of each year in order to
continue collecting, removing, and/or transporting municipal waste,
recyclable materials, and/or leaf waste in the Township for the subsequent
year. Any person whose registration is received and approved by the
New Garden Township Manager shall have the privilege of collecting,
removing, and/or transporting municipal waste, recyclable materials,
and/or leaf waste within the boundaries of New Garden Township. Hauler
authorizations are not transferable.
B.
At the time of registration, the person shall provide the following
information on a form prepared by the Township.
(1)
The business name, name of a contact person, business address, telephone
number, email address, and twenty-four-hour emergency telephone number
to receive calls from persons in the Township who will be serviced
by the person.
(2)
The make, model, year, and registration number of each truck or vehicle
used by the person in the Township to collect, remove, and/or transport
municipal waste, recyclable materials, and/or leaf waste.
(3)
A certificate of the person's workmen's compensation insurance,
as required by law.
(4)
A certificate of insurance coverage providing complete third-party
public liability for both bodily injury and property damage, owner's
and person's protective insurance and automobile insurance with
respect to personal injuries and property damage. Such insurance shall
be in amounts that shall be from time to time set forth by the Township
by regulations adopted hereunder. Each and every policy of insurance
herein mentioned which is required pursuant to the terms of this article
shall carry with it an endorsement to the effect that the insurance
carrier will convey to the Township, by certified mail, written notice
of any modifications, alterations or cancellation of any such policy
or policies or the terms thereof. The above-mentioned written notice
shall be mailed to the Township at least 10 days' prior to the
effective date of any such modification, alteration or cancellation.
(5)
Current rate schedule, intended areas of operation in the Township,
by street, the terms of service, and the scheduled days of collection
in different areas of the Township.
(6)
Confirmation the authorized collector provides separate municipal
waste, recyclable materials, and leaf waste collection services.
(7)
The name of the disposal facility, in compliance with the Chester
County Waste Management Plan and Waste Flow Control Ordinance, where
municipal waste will be taken for disposal.
(8)
The recycling facility where the recyclable materials will be taken.
(9)
The state-permitted composting facility where leaf waste will be
taken for composting.
(10)
Quarterly reports containing the quantities of municipal waste,
recyclable materials, and leaf waste collected from single-family
residential establishments, multifamily residential establishments,
and commercial, institutional, and municipal establishments in the
Township if the person collected municipal waste, recyclable materials,
and leaf waste in the Township at any point in the preceding year.
Recyclable material quantities must be reported by material type.
(11)
Such other information as the Township, in furtherance of this
article, shall deem appropriate and necessary.
C.
Upon receipt and review of this information, the Township will issue
an authorization letter to persons who have satisfied all of the requirements
of the Township's registration program. This authorization letter
will establish the person as an authorized collector.
As a condition to the approval of an authorized collector's
registration, the authorized collector shall comply with the following:
A.
Services required. Provide separate collection, removal, and transportation
services for municipal waste, recyclable materials, and leaf waste
from persons in the Township with whom the authorized collector provides
services.
B.
Collection equipment and transportation vehicles. The collection
equipment and transportation vehicles used for the collection, removal,
and transportation of municipal waste, recyclable material, and/or
leaf waste shall be of the closed metal-body type. The collected materials
shall be enclosed or covered so as to prevent roadside littering,
attraction of vermin, or creation of other nuisances. The equipment
and vehicles shall be at all times 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 liquids or fluids.
C.
Establish preparation procedures. Authorized collectors must establish
procedures for the separation, storage, and collection of municipal
waste, recyclable materials, and leaf waste. The Township and persons
serviced must be given adequate notification of these instructions.
D.
Notification of violations. Authorized collectors shall notify persons
they service if violations to this article and the New Garden Township
Recycling Ordinance[1] are observed. Notifications shall be on a form provided
by the Township. Authorized collector shall provide the Township with
a list of the addresses or names of customers receiving a notification
within 24 hours of issuance of the notification.
E.
Authorization to provide services. At all times while in the process
of collecting, removing, and/or transporting municipal waste, recyclable
materials, and/or leaf waste in the Township, a copy of the current,
unexpired authorized collector's registration and approval issued
by the Township shall be available in each collection vehicle. The
driver of the vehicle shall produce the document on request by a Township
Code Enforcement Officer or his/her designee or to any police officer
of the Township.
A.
The New Garden Township Manager shall have the right to refuse to
approve or authorize a registration to any authorized collector or
person or to revoke or suspend previously approved registration or
refuse to renew the same if said person or authorized collector submits
incomplete or false information to the Township or fails to comply
with the Township's hauler registration requirements, any provision
of this chapter or any regulation adopted hereunder, Act 101, the
Chester County Waste Management Plan or Waste Flow Control Ordinance,
or any other applicable federal, state, or local regulations.
B.
Refusal to grant registration authorization or suspension or revocation
of an authorized collector's registration shall be made, in writing,
by the New Garden Township Manager. The written notification shall
indicate the reason for the refusal, suspension, or revocation of
the registration and provide a limited opportunity for the authorized
collector to satisfy the requirements or issues identified.
It shall be unlawful and a violation of this article, and grounds
for the suspension or revocation of an authorization, for any authorized
collector to:
A.
Collect or transport municipal waste from persons failing to source-separate
recyclable materials and leaf waste from municipal waste.
B.
Commingle or mix source-separated recyclable materials or leaf waste
collected in the Township with municipal waste.
C.
Fail to provide for the proper disposal of any municipal waste collected
or transported within the Township at a disposal facility in accordance
with the Chester County Act 101, Waste Management Plan, and the Waste
Flow Control Ordinance.
D.
Fail to recycle recyclable materials and compost leaf waste in accordance
with this article and federal and state laws and regulations.
E.
Commence the collection of municipal waste, recyclable materials,
and leaf waste for any property in the Township prior to 6:00 a.m.
or after 8:00 p.m.
F.
Load or operate any vehicle within the Township or transport municipal
waste, recyclable materials, and/or leaf waste within the Township
in such a manner as to allow municipal waste, recyclable materials,
and/or leaf waste to fall upon public roads or upon land abutting
the public roads in the Township.
G.
Fail to replace the containers with their lids or covers in place
at the location of collection in an orderly manner and off roads,
streets, and/or sidewalks.
H.
Otherwise create a public nuisance.
The collection of municipal waste, recyclable materials, and/or
leaf waste by authorized collectors shall be made in compliance with
this chapter or any other regulations adopted by the Board of Supervisors
of New Garden 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 Township or its designated agent may enter into one or more
agreements at any time with authorized collectors for the collection
of municipal waste, recyclable materials, and/or leaf waste from residential,
commercial, institutional, and/or municipal establishments. Procuring
collection services from an authorized collector shall be completed
using a public bid process that will permit authorized collectors(s)
to exclusively collect all or part of the municipal waste, recyclable
materials, and/or leaf waste generated in the Township.
A.
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 District Judge, be sentenced
to pay a fine of not more than $1,000 and not less than $250. 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.
B.
Injunction. In addition to any other remedy provided in this article,
New Garden Township 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.
C.
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 at law or equity.
D.
Authorized collectors who shall violate any provision of this article
may be reported to the Pennsylvania Department of Environmental Protection
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.
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.
[Amended 10-18-2021 by Ord. No. 251]
This article shall be known and may be cited as the "New Garden
Township Recycling Ordinance."
There is hereby established a program for the mandatory source
separation and collection of recyclable materials in New Garden Township,
Chester County, Pennsylvania. No person shall collect, remove, treat,
transport, or dispose of recyclable materials and leaf waste in New
Garden Township except in accordance with this article. The use of
an authorized collector will not relieve any person from compliance
with this article.
As used in this article, the following terms shall have the
following meanings:
The statewide recycling requirement in Pennsylvania known
as the "Municipal Waste Planning Recycling and Waste Reduction Act
of 1988."
Refers to cans comprised of 100% aluminum.
Person registered and authorized by New Garden 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, municipal
establishments, and community activities in New Garden Township.
Empty food or beverage container made of steel with a thin
plating of tin over the steel.
A building or buildings used or designed for use for commercial
purposes, including, but not limited to, wholesale, industrial, manufacturing,
transportation, financial or professional services stores, markets,
office buildings, restaurants, shopping centers, theaters or other
commercial activities.
Events sponsored in whole or in part by New Garden Township
or conducted within New Garden 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.
A facility for composting vegetative material, including
leaves, garden residue and chipped shrubbery and tree trimmings.
A structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
As defined in Act 108, Covered Device Recycling Act,[1] a covered computer device and covered television device
marketed and intended for use by a consumer.
A room or rooms within a building connected together, constituting
a separate independent housekeeping establishment for a single family,
for owner occupancy or for rental, lease or other occupancy on a monthly
or longer basis.
Empty food and beverage containers, including jars and bottles,
made of clear, blue, green, brown, or amber glass; excludes plate
glass, window glass, automotive glass, porcelain, ceramic products,
and glass ornaments.
Bond, copier, letterhead or mimeograph paper typically sold
as white ledger paper; includes computer paper.
An establishment engaged in service, including, but not limited
to, hospitals, nursing homes, orphanages, schools, universities, churches
and social or fraternal societies and organizations.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but not including grass clippings.
A periodical publication containing a collection of articles,
stories, photographs, illustrations, and other features usually bound
with a paper cover and printed in one or more colors on glossy or
chemically coated paper, excluding newsprint and all other paper or
fiber materials.
Recyclable paper materials, including paperboard/boxboard,
junk mail, and other designated recyclable paper; excludes corrugated
paper, magazines, high-grade office paper, and newsprint.
A building or buildings under single or multiple ownership
and designed as a residence for four or more families living independently
of each other and doing their own separate cooking therein, including
apartments, townhomes, or condominiums.
Of or pertaining to any office or other property under the
control of any branch or arm of the federal government of the United
State of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania, including, but not
limited to, the Township of New Garden, any counties, cities, townships,
and municipal authorities.
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 sludge not meeting the definition of residential 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 or leaf
waste.
Paper 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.
An individual, partnership, association, corporation, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity 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.
Empty and clean plastic containers that contained food, beverage,
cleaning, laundry, and other household products. Includes only rigid
containers marked with a recycling symbol and a single number (i.e.,
1, 2, 5, or 7). Examples include soda and water bottles, milk and
water jugs, laundry containers, produce and other food containers,
and soap bottles; excludes expanded polystyrene containers and plastic
containers larger than two gallons, such as buckets and laundry baskets.
Those materials specified by New Garden 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 include
aluminum cans, bimetal containers, corrugated paper, glass containers,
leaf waste, magazines, mixed paper, newsprint, high-grade office paper,
and plastic containers.
The separation, collection, processing, recovery and sale
or reuse of recyclable materials, which could otherwise be disposed
of or processed as municipal waste.
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. A recycling container must be durable, watertight, and
be at least 13 gallons in size and no more than 95 gallons with a
label indicating the container is for recyclable materials.
A facility employing a process that separates or classifies
recyclable materials and creates or recovers reusable materials that
can be sold to or reused by a manufacturer as a substitute for or
a supplement to virgin raw materials. The term does not includes transfer
facilities, municipal waste landfills, composting facilities or resource
recovery facilities.
An occupied dwelling unit for human habitation, except multifamily
residential establishment with four or more units. Home occupations
incidental to the residential use within a dwelling unit are considered
a residential establishment.
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 New Garden
Township, Chester County, Pennsylvania.
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
Except as otherwise provided within this article, all persons
in the Township must contract with an authorized collector for the
separate curbside or similar location collection of recyclable materials
and leaf waste.
Persons may self-haul recyclable materials and leaf waste to
a state-authorized recycling facility or composting facility in lieu
of contracting for curbside collection of recyclable material and
leaf waste collection services. Persons opting to self-haul materials
must receive prior approval from the Township to self-haul, retain
receipts and/or weigh tickets that document the quantity of recyclable
materials and leaf waste disposed, and submit annual reports to the
Township documenting their name, address, quantities of each material
self-hauled, name and address of facility where materials were self-hauled,
and other information as required by the Township. Reports must be
submitted within 30 days of the end of each calendar year for the
previous year.
A.
Except as otherwise provided herein, all persons owning or occupying
single-family residential establishments shall separate recyclable
materials designated in this article from municipal waste. Recyclable
materials shall be placed in recycling containers and the recycling
containers placed curbside or in another designated location for collection
by an authorized collector.
B.
Separate collection of recyclable materials shall be arranged with
an authorized collector by the owner or occupants of each single-family
residential establishment. Owners or occupants of each single-family
residential establishment and the authorized collector shall establish
a collection frequency that shall occur no less than two times per
month.
C.
The owner or occupant of the single-family residential establishment
must obtain information from their authorized collector on how recyclable
materials should be prepared for collection.
D.
Requirements for collection.
(1)
All recyclable materials must be placed in a recycling container
separate from municipal waste. Recycling containers may be provided
by the authorized collector, property owner, or resident, as allowed
by the authorized collector.
(2)
Recyclable materials must be prepared to prevent the materials from
being blown about or littered on Township streets or on private property.
This may include placement of recyclable materials in recycling containers
with latching lids.
(3)
No persons shall place recyclable materials in containers used for
the collection of municipal waste and no municipal waste shall be
placed in recycling containers.
(4)
Containers shall be placed curbside or in another location as designated
by an authorized collector for collection. Under no circumstances
shall containers 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.
(5)
No container shall be placed at the curb or in the front yard on
any lot before 6:00 p.m. on the night prior to the scheduled collection.
(6)
Recyclable materials must be clean and dry and prepared according
to the requirements of the Township or authorized collector.
E.
Nothing herein shall be deemed to impair the ownership of recyclable
materials by the person who generated them unless and until such materials
are placed at the curb or similar location for collection by the authorized
collector.
A.
Owners, landlords, or agents of owners or landlords of a multifamily
residential establishment must establish a system for source separation,
collection, transportation, and recycling of the recyclable materials
designated in this article that are generated at multifamily residential
establishments. The system must include an appropriate number of labeled
recycling containers at easily accessible locations to accommodate
the amount of recyclable materials generated at each multifamily residential
establishment. The system must also include written instructions to
the residents of multifamily residential establishments to inform
them of the requirement to recycle and the use and availability of
the collection program. The Township reserves the right to require
additional recycling containers if the Township deems there is insufficient
recycling containers to serve residents.
B.
Owners, landlords, or agents of owners or landlords of multifamily
residential establishments must contract with an authorized collector
for the separate collection of recyclable materials.
C.
No person shall place recyclable materials in containers used for
the collection of municipal waste and no municipal waste shall be
placed in containers designated for the collection of recyclable materials.
D.
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 authorized collector, but shall occur no less
than once a week. More frequent collection recyclable materials may
be necessary to prevent recycling containers from being overfilled
and cause materials to be blown about or littered on Township streets
and private property.
E.
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 authorized collector collecting recyclable materials,
the name and address of the property that recyclable materials are
collected, the quantity of each type of recyclable material collected,
and the name and affiliation of the person submitting the report.
Reports are to be completed on a form supplied by the Township and
shall be submitted annually, 30 days after the close of each calendar
year.
F.
Owners, landlords, or agent of an owner or landlord who comply with
the ordinance shall not be liable for the noncompliance of residents.
A.
Owners, landlords, or agents of owners or landlords of a commercial,
institutional, or municipal establishment must establish a system
for source separation, collection, transportation, and recycling of
recyclable materials designated in this article that are generated
at each building. The system must include an appropriate number of
labeled recycling containers at easily accessible locations to accommodate
the amount of recyclable materials generated at each building. It
must also include written instructions to the tenants or occupants
of commercial, institutional, and municipal establishments to inform
them of the requirement to recycle and the use and availability of
the collection program. The Township reserves the right to require
additional recycling containers if the Township deems there is insufficient
containers to serve occupants or tenants.
B.
Owners, landlords, or agents of owners or landlords of a commercial,
institutional, and municipal establishments must contract with an
authorized collector for the separate collection of recyclable materials.
C.
No persons shall place recyclable materials in containers used for
the collection of municipal waste and no municipal waste shall be
placed in containers designated for the collection of recyclable materials.
D.
Recyclable material collection frequency shall be set by the owner,
landlord, or agent of an owner or landlord of a commercial, institutional,
or municipal establishment and the authorized collector, but shall
occur no less than once a week. More frequent collection of recyclable
materials may be necessary to prevent recycling containers from being
overfilled and cause materials to be blown about or littered on Township
streets and private property.
E.
The owner, landlord, or agent of an owner or landlord of a commercial,
institutional, or municipal establishment must provide a written report
to the Township that lists the authorized collector collecting recyclable
materials, the name and address of the property that recyclable materials
are collected, the total quantity of each type of recyclable material
collected, and the name and affiliation of the person submitting the
report. Reports are to be completed on a form supplied by the Township
and shall be submitted annually, 30 days after the close of each calendar
year.
A.
The organizers or sponsors of a community activity must establish
a system for source separation, collection, transportation, and recycling
of aluminum cans, plastic containers, glass containers, cardboard,
high-grade office paper, and leaf waste. Arrangements for the source
separation and collection of these materials shall be the responsibility
of the organizers or sponsors.
B.
The organizers or sponsors of a community activity 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. Community activity organizers and
sponsors must provide signage and/or labels on recycling containers
to indicate what recyclable materials are to be source-separated by
event participants.
C.
Organizers or sponsors must contract with an authorized collector
for the collection of recyclable materials.
D.
Organizers or sponsors of a community activity must provide a written
report to the Township that lists the name of the community activity,
the authorized collector collecting recyclable materials, the total
quantity of each recyclable material collected, and the name and affiliation
of the person submitting the report. Reports are to be submitted to
the Township no later than 30 days upon the conclusion of the event.
A.
It is prohibited and will be deemed a violation hereof for any person
in the Township to put or cause to be put leaf waste with municipal
waste or recyclable materials. Leaf waste shall be source-separated
from municipal waste and recyclable materials generated on any property
in the Township and stored in a separate recycling container until
collection.
B.
Nothing herein shall prevent any person from utilizing leaf waste
for compost, mulch, or other agriculture, horticulture, or landscaping
purposes on the property where the leaf waste is generated.
C.
All persons in the Township shall arrange to have leaf waste collected
curbside or similar location by an authorized collector separate from
municipal waste and recyclable materials at a frequency of no less
than once per month.
D.
The owner, landlord, or agent of an owner or landlord of a multifamily
residential, commercial, institutional, or municipal establishment
must provide a written report to the Township that lists the authorized
collector collecting leaf waste, the name and address of the property
that leaf waste is collected, the total quantity of leaf waste collected,
the name of the composting facility authorized by the state to receive
collected leaf waste, and the name and affiliation of the person submitting
the report. Reports are to be completed on a form supplied by the
Township and shall be submitted annually, 30 days after the close
of each calendar year.
A.
It shall be unlawful for any person to comingle hazardous or residual
waste, as defined in Act 101, with municipal waste, recyclable materials,
and/or leaf waste or to 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 comingle a lead-acid battery
with municipal waste, recyclable materials, and/or leaf 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 Act 108, no person may dispose of a covered device
or any of its components with municipal waste. This type of waste
requires special collection and disposal arrangements. Information
on how to recycle covered devices may be obtained by the Chester County
Solid Waste Authority or Pennsylvania Department of Environmental
Protection.
D.
Large and small appliances containing Freon may not be combined with
municipal 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 refrigerators, freezers, air-conditioning units, dehumidifiers,
and water coolers.
A.
Collection by unauthorized persons. From the time of recyclable material
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 and leaf waste. The burning of recyclable
materials and leaf waste shall be prohibited at all times in the Township.
C.
Littering/illegal dumping. It is unlawful for any person in the Township
to dump or deposit recyclable materials, leaf waste, municipal waste,
or any other refuse on any private or public property or grounds in
the Township.
D.
Overfilling containers. Containers of recyclable materials, leaf
waste, municipal 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. All persons in the Township are prohibited
from storing, processing, or disposing of recyclable material on a
property except at a facility or in preparation for the collection
by an authorized collector as provided herein. Notwithstanding the
forgoing, leaf waste may be composted on-site.
F.
Public nuisance. It shall be unlawful and a public nuisance for any
person to violate, cause or assist in a violation of any provision
of this article or violate, cause or assist in the violation of any
rule, regulation or resolution promulgated by the Township Board of
Supervisors pursuant to this article.
Nothing in this article or any regulation promulgated pursuant
hereto shall be deemed to impair the ownership of recyclable materials
by the persons who generated them unless and until separated materials
are placed at curbside or similar location and collected by an authorized
collector.
The collection of municipal waste and recyclable materials by
municipal waste collectors and the preparation and collection of municipal
waste and recyclable materials by property owners and residents of
the Township shall be made in compliance with any regulations that
may be adopted by the Board of Supervisors of New Garden 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.
A.
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 day or portion thereof that such violation continues or
is permitted to continue shall constitute a separate offense. Each
section of this article that is violated shall also constitute a separate
offense.
B.
Injunction. In addition to any other remedy provided in this article,
New Garden Township 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.
C.
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 at law or equity.
The terms and provisions of this ordinance 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.
