[HISTORY: Adopted by the Board of Supervisors of the Township of East Goshen 11-17-2009 by Ord. No. 129-L-09. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 194, Solid Waste, adopted 8-28-1990 by Ord. No. 91, as amended.
This chapter shall be known and may be cited as the "Municipal Waste Collection and Recycling Ordinance."
The following terms shall have the following meanings in this chapter:
- ACT 97
- The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 656, No. 101, 53 P.S. § 4000.101 et seq.
- BULK TRASH
- Any discarded items that are of a size such that they cannot be placed in a standard-size municipal waste container, including but not limited to mattresses, box springs, sofas, chairs, TVs, rugs or carpet (must be cut into three-foot lengths, rolled up and tied or taped), stoves, ovens, washers, dryers, large microwave ovens, air conditioners, humidifiers, refrigerators and freezers (with Freon removed), and dehumidifiers. Bulk waste shall not include construction debris, hazardous materials, computers, automotive parts, batteries, tires or leaf waste.
- Any person collecting or transporting municipal waste or recyclable materials for the owners or occupants of property in the Township, and any business or institution within the Township which generates municipal waste or recyclable materials and uses its own employees and equipment for the collection or transportation of the waste or recyclable materials.
- CONSTRUCTION DEBRIS
- Customary, nonhazardous waste building materials resulting from construction, remodeling, repair or demolition operations. Includes shingles, drywall, wood, masonry, concrete, flooring, fencing, metal sheds, insulation, etc.
- CORRUGATED CARDBOARD
- Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- HAZARDOUS WASTE
- Any waste which consists in any part of a chemical, compound, mixture, substance or article designated by a federal agency, including the United States Environmental Protection Agency, or commonwealth, county or Township agency to be hazardous, toxic or dangerous, as those terms are defined by or pursuant to federal, state, county or local law.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar materials, but not including grass clippings, dirt or rocks. (Note: DEP will not accept grass clippings with leaf waste.)
- MIXED PAPER
- Paper products to include junk mail, telephone books, catalogs, white or colored paper, newspaper, magazines, flattened boxes (cereal boxes or any box which does not come in direct contact with food), noncorrugated cardboard (cannot contain ripples between the cardboard layers), and envelopes (which include window envelopes).
- MULTIFAMILY RESIDENTIAL COMPLEX
- A townhouse or apartment complex containing four or more units or a planned residential development, as those terms are defined in Chapter 240, Zoning, as amended.[Amended 2-22-2011 by Ord. No. 129-A-11]
- MUNICIPAL RECYCLING PROGRAM
- A source-separation and collection program for recyclable materials.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of residential or hazardous waste in Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include recyclable materials, construction debris or hazardous waste.
- MUNICIPAL WASTE CONTRACTOR
- The contractor of the Township pursuant to Section 304(c) of Act 101, as amended, to carry out its duties for recycling, transportation, collection and storage of municipal waste and source-separated recyclables in a manner that is consistent with Act 97, as amended, and Act 101, as amended, and the regulations promulgated pursuant thereto. Any such contractor shall be jointly and severally responsible with the Township when carrying out its duties for transportation, collection or storage activity.
- Any natural person, firm, corporation, partnership, association or institution.
- RECYCLABLE MATERIALS
- Those materials specified by the Township for collection in accordance with this chapter. Such material may include, but shall not be limited to, steel (tin), bimetal and aluminum cans; clean green, brown and clear glass containers; plastic containers (Numbers 1 thru 7, excluding Styrofoam); corrugated cardboard; high-grade office paper; and mixed paper. The list of acceptable recyclable materials may be changed from time to time by the Township.
- A person, who owns, leases or otherwise occupies a property located in East Goshen Township used as a residence.
- SINGLE-FAMILY RESIDENTIAL UNIT
- A single-family detached or semidetached dwelling unit as defined in Chapter 240, Zoning, as amended.
- East Goshen Township, Chester County, Pennsylvania.
There is hereby established a program for the mandatory source separation and collection of municipal waste and recyclable materials within the Township. Additionally, leaf waste shall be separated from municipal waste during those periods when the Township offers a separate leaf waste pickup in the spring and fall.
All municipal waste, leaf waste and recyclable materials generated in the Township shall be collected and disposed of in accordance with this chapter.
It shall be unlawful for any person to deposit, dump, spill, throw, place or bury or permit another to deposit, dump, spill, throw, place or bury in or upon any parcel of land, lot, street, highway, gutter or in any alley or in any water or stream or ditch within the limits of the Township any municipal, bulk or hazardous wastes or recyclable materials or construction debris. This provision does not preclude a property owner from temporarily storing these materials for a short period of time, generally less then one week, on his property prior to collection or disposal.
All recyclable materials from residences in the Township shall be separated from the municipal waste and placed at the curb for collection by the municipal waste contractor. Recyclable materials shall be placed in separate, reusable containers which clearly identify the contents as recyclables. Such containers may be provided by the Township. The Township may also provide "recycling" stickers that residents can affix to larger reusable containers.
Collection of recyclable materials shall be made by the municipal waste contractor at a minimum of once per week on a day as determined by the Township.
Nothing in this chapter shall be deemed to impair the ownership of recyclable materials by the residents who generated them unless and until the recyclable materials are placed at curbside for collection by the municipal waste contractor.
From the time of placement of the recyclable materials at the curb by the resident, the recyclable materials shall become the property of the Township. It shall be a violation of this chapter for any person not duly authorized by the Township to collect or pick up any recyclable materials. Any and each such unauthorized collection from one or more residences shall constitute a separate and distinct offense punishable as hereinafter provided in this chapter.
All municipal waste generated at single-family residences throughout the Township shall be placed at the curb for collection by the municipal waste contractor. Municipal waste shall be placed in one or more trash cans or trash bags provided by the property owner. The number of containers that the municipal waste contractor may pick up at each residence shall be determined by the Township. Such containers shall not exceed 50 pounds in weight when full unless a heavier weight is specifically established by the Township.
Collection of municipal waste shall be made by the municipal waste contractor at such frequency as determined by the Township.
No person shall place municipal waste in trash cans or trash bags used for the collection of recyclables. No person shall place recyclable materials in trash cans or trash bags used for the collection of municipal waste.
Municipal waste materials that are too bulky to be placed in a trash can must be cut up and securely tied into bundles or packaged in a manner designed to prevent any scattering while the municipal waste contractor is handling the same or while such bundles await collection. Bundles or packages shall have the longest dimension not exceeding three feet so as to permit ease of handling by one person and shall not exceed 50 pounds in weight.
Bulk trash items must be able to be lifted by two people. Any appliance that contains or once contained Freon will not be collected unless the Freon has been removed and a sticker certifying to such has been affixed to the appliance. Collection of bulk waste shall be made by the municipal waste contractor at such frequency as determined by the Township.
Building materials, full or partially full paint cans, used motor oil, batteries, computers, hazardous materials, automotive parts and tires will not be collected by the municipal waste contractor.
Trash cans, trash bags, bulk trash, leaf bags, leaf waste and recycling bins shall not be placed at the curb for collection before noon of the day immediately preceeding the scheduled collection day. All municipal waste containers (trash cans) and recycling bins shall be removed from the curb no later than 8:00 a.m. on the day immediately succeeding the scheduled collection day.
During the spring and fall, on specific days as determined by the Township, all leaf waste shall be separated from other municipal waste generated within East Goshen Township. Leaf waste shall be placed at the curb for collection in one or more biodegradable paper bags that will be taken with the leaves; or in a trash can or similar container that will be emptied by the municipal waste contractor. Leaf waste placed in plastic bags shall not be collected by the municipal waste hauler as part of the leaf waste collection program.
An owner, landlord or agent of an owner of a multifamily residential complex; or the residents of a multifamily residential complex, acting by and through a duly constituted homeowners' association, may comply with their responsibilities under this chapter by establishing a collection system for recyclable materials and municipal waste by a private collector.
Such owners, landlords, agents and homeowners' associations shall annually provide written documentation to the Township of the total number of tons of municipal waste and recyclables collected by a private collector at the complex.
Such owners, landlords and agents of owners or landlords who comply with this chapter under this subsection shall not be liable for the noncompliance of the occupants of their buildings.
All owners of commercial, institutional and municipal establishments within the Township shall separate recycled materials generated at such establishments for collection by a private collector.
Such owners shall annually provide written documentation to the Township of the total number of tons of recycled materials collected.
[Amended 2-22-2011 by Ord. No. 129-A-11; 4-22-2014 by Ord. No. 129-A-2014]
Provision and availability of regular collection.
The residences of the Township are hereby divided into fair and reasonable types for the purpose of municipal waste and recyclable materials collection.
The Township Manager, in his sole discretion, shall determine the classification of all properties in the Township.
Refuse fees for the provision and availability of regular collection of municipal waste and recyclable materials, whether or not the same is utilized or needed by the owner of the residence or tenants shall be established from time to time by resolution of the Board of Supervisors.
Refuse fees shall be paid quarterly by the title owner of the real property to which such fees have been imposed, and shall be mailed by the Township to that address, unless and until a different address is specified, in writing, by the owner of such property, delivered to the Township by certified first-class United States mail, return receipt requested. Failure of the property owner to receive a bill as a result of an outdated or incorrect address, failure by a tenant to forward the bill to the owner or any other reason shall not excuse the timely payment of refuse fees or extend the time for payment thereof. It shall be incumbent upon all property owners to provide the Township with the correct billing address or any changes thereto. Quarterly billings for refuse fees shall be made by bills dated on the 15th day of January, April, July and October of each year (known as the "due date") for the quarterly calendar period immediately succeeding the date of the bill. The bills for refuse fees for the first quarter during which a property is provided refuse service will be prorated on the basis of the quarterly rate. All bills shall be due and payable on their respective due dates.
Assistance law discounts.
Any property owner who is responsible for the payment of the aforementioned refuse fee and who meets the requirements of one of the following federal and commonwealth public assistance laws shall be eligible for a deduction of 5% from the face amount of the refuse fee:
The Senior Citizens Property Tax or Rent Rebate Act, 72 P.S. § 4751-1 et seq.;
The Pharmaceutical Assistance Contract for the Elderly Act (PACE), 62 P.S. § 2901 et seq.;
The Federal Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 through 2030;
The Women's, Infants' and Children's Nutrition Improvement Act, 62 P.S. § 2951 et seq.;
Aid to Families with Dependent Children, 42 U.S.C. § 601 et seq.; and
The Public Assistance Law, 62 P.S. § 401 et seq.
A discount shall not be taken nor applied to any account as to which there is an outstanding balance.
[Amended 4-22-2014 by Ord. No. 129-A-2014]
All refuse bills shall be payable on the due date. When the 45th day from the due date falls on either a weekend or a holiday on which the Township building is closed, payments that are received before the close of business on the next business day immediately following the 45th day shall be deemed to have been paid on time and no penalty shall be applied. If the refuse bill is not paid within 45 days of the due date, a penalty of 5% shall be added to the total amount of the bill. In addition, interest shall be applied to arrears at the rate of 5/6 of 1% per month, or fraction thereof, 45 days after the due date and every month thereafter.
[Amended 11-15-2016 by Ord. No. 129-E-2016]
The process for the collection of delinquent refuse bills shall be as set forth from time to time by resolution of the Board of Supervisors.
All refuse fees not paid within six months following the month in which bills were mailed shall be deemed to be delinquent. In addition, any costs and/or attorney's fees incurred by East Goshen Township for the collection of delinquent refuse fees shall be added to the unpaid refuse fees along with penalties and interest as set forth above, and the aggregate of the same shall be entered as a lien on the property served. The costs of filing and removing the liens shall be established by the Board of Supervisors by resolution.
All persons provided refuse service by the Township shall provide the Township their correct address. Failure to receive bills will not be considered an excuse for nonpayment nor permit an extension of the period during which bills are payable at face.
The collection of municipal waste and recyclable materials by the municipal waste contractor and the preparation of municipal waste and recyclable materials by property owners and residents of the Township shall be made in compliance with the provisions of this chapter and any rules, resolutions and regulations adopted by the Board of Supervisors.
Rules, resolutions and regulations adopted, amended, modified or repealed from time to time by resolution of the Board of Supervisors shall have the same force and effect as the provisions of this chapter.
Unlawful activities; 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 chapter or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Board of Supervisors pursuant to this chapter.
Violation of § 194-6E. Any person who commits a violation of § 194-6E shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal procedure, be guilty of a summary offense and shall be subject to the following penalty:
An amount not less than $25 for the first offense in any three-hundred-sixty-five-consecutive-day period.
An amount not less than $50 for the second offense if it occurs within the same three-hundred-sixty-five-day period as the first offense; and
An amount not less than $100 for the third and succeeding offenses if they occur within the same three-hundred-sixty-five-day period as the first and second offense.
Violations and penalties.
Any person who violates or permits the violation of any provision of this chapter, except for a violation of § 194-6E, shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days.
Each section of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.
Injunctions. In addition to any other remedy provided in this chapter, the Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this chapter for an injunction to restrain a violation of this chapter or of any rules, regulations or resolutions promulgated or issued by the Board of Supervisors pursuant to this chapter.
Concurrent remedies. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this chapter or otherwise provided at law or equity.
Noninterference with existing contracts. Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contract with a municipal waste contractor.
New contracts and renewals of existing contracts. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for municipal waste collection, transportation, processing or disposal shall be entered into after the effective date of this chapter, unless such renewal of such contract shall conform to the requirements of this chapter and any rules, regulations or resolutions promulgated by the Board of Supervisors pursuant to this chapter.
The terms and provisions of this chapter are to be liberally construed, so as to best achieve and effectuate the goals and purposes hereof. This chapter shall be construed in pari materia with Act 97 and Act 101, as amended, and the rules and regulations adopted thereunder.