This article shall be known and may be cited as the "Tredyffrin Township Municipal Waste and Recyclable Material Collection Ordinance."
[Amended 10-21-2024 by Ord. No. HR-483]
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 approved by Tredyffrin Township to collect, remove, transport, and dispose of municipal waste, recyclable materials, and/or leaf waste for owners or occupants of single-family residential establishments, multifamily residential establishments, commercial establishments, institutional establishments, and municipal establishments in Tredyffrin Township.
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 wholesale, retail, industrial, manufacturing, transportation, financial or professional services, offices, businesses, or other commercial activities.
The placement of recyclable materials at the curbline or other location adjacent to Township streets and roads as established by the Township and/or approved collector. Recycling containers shall not be placed on the paved portion of a roadway or sidewalk or otherwise obstruct the flow or vision of motorists or pedestrians traveling on adjacent roads, streets, or sidewalks.
A state-permitted facility which processes or acts upon municipal waste, recyclable materials, and/or leaf waste so as to dispose of the material, such as a composting facility, an incinerator, a resource recovery plant, a recycling processing facility, a waste-to-energy facility, or a sanitary landfill.
Of or pertaining to any establishment engaged in service to persons, but not limited to hospitals, nursing homes, orphanages, schools, universities, churches and social or fraternal societies and organizations.
Leaves, garden residues, tree limbs and similar materials, but not including grass clippings.
Of or pertaining to any office or other property under the control of any branch or arm of the Federal Government of the United States of America, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth of Pennsylvania including, but not limited to, the Township of Tredyffrin, any counties, cities, townships, and municipal authorities.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or gaseous material resulting from the operations of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
A container designated by the property owner or resident for the storage of municipal waste. A container may be provided by the property owner, resident or tenant, or the approved collector collecting municipal waste. A container must be durable, watertight, and be at least 30 gallons in size.
Any individual, partnership, association, corporation, institution, cooperative enterprise, trust, municipal authority, federal government or agency, commonwealth institution or agency or any other legal entity whatsoever which is recognized by law as a subject of rights and duties. In any provision of this article prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or any other legal entity having officers and directors.
Those materials specified by Tredyffrin Township for collection in accordance with this article and recycling regulations that may be promulgated from time to time for separation, collection, processing, and recovery as part of a recycling program. These materials may include aluminum containers, bi-metal containers, cardboard, glass, leaf waste, magazines, mixed paper, newspaper, office paper, and plastic.
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 approved collector collecting recyclable materials. A container must be durable, and be at least 30 gallons in size with a label indicating the container is for recyclable materials.
Any person which owns, leases or occupies a property located in Tredyffrin Township used as a residence.
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 Tredyffrin, Pennsylvania.
An ordinance by the Chester County Board of Commissioners Municipal Waste Management Plan, which provides inter alia municipal waste generated within the county.
All persons in the Township must contract with an approved collector for the separate curbside or similar location collection of municipal waste and recyclable materials.
A.
It shall be unlawful for any person to collect, remove and/or transport municipal waste, recyclable materials, and/or leaf waste within Tredyffrin Township without first registering with the Tredyffrin Township Manager. This includes contractors, companies, organizations, or other entities that perform landscaping or other yard services to persons in the Township and transport leaf waste off the property where it was generated. Exceptions are made for residents who directly deliver (self-haul) their municipal waste, recyclable materials and/or leaf waste to a disposal facility.
B.
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 approval from the Tredyffrin Township Manager to provide collection, removal, and transportation services to residential, commercial, institutional, and municipal establishments. Approved collectors may collect, remove, or transport municipal waste, recyclable materials, and/or leaf waste within the Township for one year from the date of approval or until January 31 of the next calendar year, whichever is earlier. Approved collector must remain in full compliance with the requirements of this article, and any regulations enacted pursuant thereto during the approved collection period. Approved collectors must renew their registration with the Township annually 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 Tredyffrin Township Manager shall have the privilege of collecting, removing, and/or transporting municipal waste, recyclable materials, and/or leaf waste within the boundaries of Tredyffrin Township. Collector approvals are not transferable.
C.
At the time of registration to become an approved collector, the person shall provide the following information on a form prepared by the Township.
(1)
The business name, contact person name, business address, telephone number, email address, and twenty-four-hour emergency telephone number to receive calls from persons in the Township receiving collection service.
(2)
A certificate of the person's workmens' compensation insurance, as required by law.
(3)
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 Tredyffrin 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 Tredyffrin Township at least 10 days' prior to the effective date of any such modification, alteration or cancellation.
(4)
Current rate schedule, intended areas of operation in the Township, by street, the terms of service, and the scheduled days and frequency of collection in different areas of the Township.
(5)
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.
(6)
The processing and/or marketing facilities where the recyclable materials will be taken.
(7)
The state-approved composting site where leaf waste will be taken for composting.
(8)
Annual quantities of municipal waste, recyclable materials, and leaf waste collected from all establishments in the Township if the person collected municipal waste, recyclable materials, and/or leaf waste in the Township at any point in the preceding year. Recyclable material quantities must be reported by material type.
(a)
Municipal waste, recyclable materials, and leaf waste collected must be recycled or taken to a recycling or composting facility. Proof of collected municipal waste, recyclable materials, and leaf waste must be provided to the Township through annual reporting to the county.
(9)
Such other information as the Township, in furtherance of this article, shall deem appropriate and necessary.
D.
Upon receipt and review of this information, the Township will issue an approval letter to persons who have satisfied all the requirements of the Township's registration program. This approval letter will establish the person as an approved collector.
A.
As a condition to the approval of an approved collector's registration, the approved collector shall comply with the following:
(1)
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 approved collector provides services at frequencies specified in the Tredyffrin Township Recycling Ordinance.[1]
(2)
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used for the collection, removal, and transportation of municipal waste shall be of the closed metal body type with an automatic compactor unit. Other type vehicles may be used only for the collection of recyclable materials and leaf waste. The recyclable materials and leaf waste collected 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 any liquids or fluids.
(3)
Establish preparation procedures. Approved 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.
(4)
Notification of violations. Approved collectors shall notify the Township if violations to this article and the Tredyffrin Township Recycling Ordinance[2] are observed. Notifications shall be on a form provided by the Township. Approved collector shall provide the Township with a list of the addresses or names of customers via e-mail and/or through an online form available on the Township's website if violations to this article and the Tredyffrin Township Recycling Ordinance are observed, as necessary.
(5)
Approval 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 approved collector's approval letter 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.
(6)
Owners and occupants of all establishments within the Township and the approved collector shall establish a collection frequency that shall occur no less than once per week.
A.
The Tredyffrin Township Manager shall have the right to refuse to approve a registration to any registered collector or person or to revoke or suspend previous approvals or refuse to renew the same if said person or approved collector submits incomplete or false information to the Township or fails to comply with the Township's collector registration requirements, any provision of this article 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 approval or suspension or revocation of an approved collector's registration shall be made in writing by the Tredyffrin Township Manager. The written notification shall indicate the reason for the refusal, suspension, or revocation of the registration.
A.
It shall be unlawful and a violation of this article, and grounds for the suspension or revocation of an approval, for any approved collector to:
(1)
Collect or transport municipal waste from persons failing to source-separate recyclable materials and leaf waste from municipal waste.
(2)
Commingle or mix source-separated recyclable materials or leaf waste collected in the Township with municipal waste.
(3)
Fail to provide for the proper disposal of any municipal waste, recyclable materials, or leaf waste collected or transported within the Township at a disposal facility.
(4)
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.
(5)
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.
(6)
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.
(7)
Otherwise create a public nuisance.
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 justice, be sentenced to pay a fine of not more than $1,000 and not less than $50. Each continuing day of any violation of this article or unlawful conduct as defined in this article shall constitute a separate offense punishable by a like fine or penalty.
B.
Injunction. In addition to any other remedy provided in this article, Tredyffrin 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 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.