[HISTORY: Adopted by the Board of Supervisors
of the Township of East Whiteland 6-10-1991 by Ord. No. 93-91. Amendments
noted where applicable.]
The title of this chapter shall be the "Solid
Waste Collection and Recycling Ordinance of East Whiteland Township."
As used in this chapter, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
The Board of Supervisors of East Whiteland Township.
Those properties used primarily for commercial or industrial
purposes.
Events sponsored in whole or in part by the Township or conducted
within the Township and sponsored privately. Said events shall include
but are not limited to fairs, bazaars, socials, picnics and organized
sporting events.
The end product of composting. It is a dark, partially decomposed
material similar to natural organic matter found in the soil.
A process involving the microbial decomposition of organic
matter.
Cardboard used in shipping containers.
All table, animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of foods.
Any person who generates leaf waste, recyclable materials
or solid waste.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
Computer paper and office stationery but shall not include
newsprint and corrugated paper.
Those facilities that house or serve groups of people, e.g.,
hospitals, schools, nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
Any resident, 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 chapter 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 plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
Clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated paper and plastics.
Any person which owns, leases or occupies a property located
in the Township and used as a residence.
Any occupied single- or multifamily dwelling.
All refuse (garbage and trash) and other discarded solid
material normally collected by a solid waste collector. Included shall
be grass clippings, but not leaf waste.
Any person collecting or transporting solid waste, leaf waste
and recyclable materials for owners or occupants of property in the
Township.
[Amended 6-14-2006 by Ord. No. 183-2006]
Nonputrescrible solid waste.
There is hereby established a program for the mandatory separation by residents of a minimum of three recyclable materials and leaf waste from garbage, trash and debris within the Township of East Whiteland. The recyclables to be collected shall be determined by resolution of the Board. In addition, commercial, institutional and municipal establishments and community activities shall separate the materials described in § 163-4D.
A.
The occupant or owner of a home, apartment or other
residential establishment shall separate the required recyclable materials
and leaf waste from other solid waste. On collection days, the separated
materials and leaf waste shall be placed at the curbside.
B.
The owner, landlord or agent of a multifamily rental
housing property with four or more units shall establish a collection
system for recyclable materials and leaf waste for pick up by a solid
waste collector. The collection system must include suitable containers,
easily accessible locations for the containers, and written instructions
to the occupants concerning the use and availability of the collection
system. Condominiums and properties such as townhouse developments
that come under the control of homeowners' associations shall also
comply with this subsection. In addition, such owner, landlord, agent
and homeowners associations shall annually provide written documentation
and certification to the Township by January 15 of the following year
of the total number of tons of materials by types of material recycled.
Such owner, landlord, agent and homeowners associations may comply
with the reporting requirements hereunder by requesting their solid
waste collector to provide said documentation and certification directly
to the Township.
C.
The occupant or owner of a residential establishment
does not have to separate leaf waste for collection if he/she has
otherwise provided for its composting.
D.
Commercial, institutional and municipal establishments and community activities shall separate high grade office paper, aluminum, corrugated paper and leaf waste and any other material deemed appropriate by the Board. These items shall be stored until collection by a solid waste collector. In addition, a commercial, institutional, municipal and community activity solid waste generator must annually provide written documentation and certification to the Township by January 15 of the following year of the total number of tons of materials by types of material recycled. Compliance with the reporting requirement will be met if the solid waste collector provides the said documentation and certification directly to the Township. Recyclable materials separated by commercial, institutional and municipal establishments and by community activities may be collected by a person other than a solid waste collector provided that the recyclables are taken to a processing and/or marketing facility. Said person must obtain a license from the Township and comply with all applicable provisions of § 163-9, including the payment of the required fee.
[Added 10-14-1991]
E.
Collection of recyclable materials shall be made at
a minimum of one time every other week on the same day as a regularly
scheduled solid waste collection. All customers shall place their
recyclable materials in reusable container(s) provided the solid waste
collector.
F.
Leaf waste, with the exception of that being composted
by a residential property owner or occupant, shall be collected monthly
by the solid waste collector. The leaf waste shall be in biodegradable
bags.
[Amended 8-12-2015 by Ord. No. 270-2015]
G.
Collection of leaf waste shall be permitted by a person
other than a solid waste collector provided that the leaf waste is
removed directly from the property and not placed at the curb. Such
waste must be disposed of by composting.
H.
Tree trimmings, hedge clippings and similar material
shall be cut not to exceed three feet and must be tied in bundles
that can be easily handled by one person.
A.
Garbage and trash may be placed in the same container.
B.
Preparation of garbage and trash.
(1)
All garbage, before being placed in containers for
collection, shall have drained from it all free liquids.
(2)
All trash shall be drained of liquid before being
deposited for collection.
(3)
Trash and garbage shall be placed in metal or heavy-duty
plastic containers, secured by a lid. Said containers may be lined
with a plastic bag.
A.
With the exception of toters on wheels, residential
containers shall not have a capacity of more than 30 gallons.
B.
All containers shall be kept as sanitary as possible
and shall be thoroughly cleansed by the occupant of the premises after
its contents are removed by the collector.
C.
All containers shall be maintained in good condition.
Any container that has ragged or sharp edges or any other defect liable
to hamper or injure the person collecting the contents thereof shall
be replaced.
D.
Containers shall be placed for collection at ground
level on the property, not within the cartway of the street but accessible
to and not more than five feet from the street from which collection
is made. Back door collection is acceptable if agreed upon between
the collector and the generator.
E.
All containers shall be supplied by the occupant or
owner of the premises with the exception of toters on wheels.
A.
Frequency of collection. Garbage and trash shall be
collected at least once each week. The actual number and dates of
collection days shall be determined by direct contact between the
generator and the solid waste collector.
B.
No containers shall be set out for collection prior
to 6:00 p.m. of the day preceding collection, and no containers shall
remain out after 5:00 p.m. on the day following collection.
Large items, such as furniture, rugs and mattresses,
and white goods, such as refrigerators, stoves and washers, shall
be collected by a solid waste collector.
[Amended 6-14-2006 by Ord. No. 183-2006]
A.
Required services. Each solid waste collector that
operates within the Township must provide a service that includes
the collection, transportation and disposal of solid waste, leaf waste
and recyclable materials. The solid waste collector's program for
the collection and transportation of recyclable materials and leaf
waste shall, at a minimum, comply with the following:
(1)
Establish procedures for the separation, storage and
collection of recyclable materials and provide residents and persons
served adequate notification of the procedures. Also provide recycling
containers and inform the generators whether or not the recyclables
should be co-mixed.
(2)
Establish procedures for the separation, storage and
collection of leaf waste and provide residents and persons served
adequate notification of the procedures.
(3)
Issue warning notices of violations on forms provided
by the Township to residents and persons served failing to comply
with procedures for the separation, storage and collection of recyclable
materials and leaf waste, and provide a copy of any such warning to
the Township.
(4)
Provide quarterly written documentation and certification
to the Township of the total number of tons of materials by the types
of material recycled and the place of disposition where materials
are recycled. Reports shall be filed 15 days following the close of
a calendar quarter.
B.
Prohibited conduct. It shall be unlawful and a violation
of this chapter for any solid waste collector to:
(1)
Collect or transport any solid waste, recyclable materials,
or leaf waste from any resident failing to source-separate said materials
in violation of this chapter and regulations adopted thereunder.
(2)
Commingle any designated separated recyclable materials
or leaf waste collected within the Township with any solid waste.
(3)
Fail to provide for the proper disposition of any
solid waste, recyclable materials or leaf waste collected or transported
within the Township.
(4)
Load or operate any vehicle within the Township or
transport solid waste, recyclable materials or leaf waste within the
Township in such a manner as to allow solid waste, recyclable materials
or leaf waste to fall upon the roads in the Township.
(5)
Fail to replace the containers with their lids or
covers in place after collection in an orderly manner.
The collection and disposal of garbage, trash,
leaf waste and recyclables in the Township shall be under the supervision
of the Board, which shall have the authority to promulgate rules and
regulations by resolution. Any rules and regulations adopted by resolution
shall have the same force and effect as the provisions of this chapter.
This chapter shall not invalidate the terms
of contracts executed prior to its effective date. Any new contracts
or contract renewals must be consistent with this chapter's provisions.
In addition, any recycling operation in existence on the effective
date of Act 101 of 1988[1] may continue if it is not contrary to the Act or this
chapter, and is otherwise in full compliance with all other applicable
state and local laws and ordinances.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
Every six months after the initiation of the
recycling program, the Township shall notify all persons occupying
residential, commercial, institutional and municipal premises within
its boundaries of the requirements of this chapter. The Board shall
have the discretion to determine the form of public notice. The inclusion
of a notice in the Township newsletter, which is mailed to property
owners, shall be considered a means of complying with this section.
From the time of placement at the curb by anyone
of the materials described herein for collection, said items shall
become the property of the solid waste collector. It shall be a violation
of this chapter for any person unauthorized by the Township to handle,
take, remove, collect or pick up or cause to be collected or picked
up, any such items set out for collection.
[Amended 7-2-1996 by Ord. No. 111-96]
Any person who violates or permits the violation
of any provision of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $1,000, plus all court costs,
including reasonable attorney's fees, incurred by the Township. No
judgment shall be imposed until the date of the determination of a
violation by the District Justice. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable rules of civil procedure.
