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.
COLLECTOR 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 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.
PERSON 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.
RESIDENT A person, who owns, leases or otherwise occupies a property located in East Goshen Township used as a residence.
TOWNSHIP East Goshen Township, Chester County, Pennsylvania.
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.
[Amended 2-22-2011 by Ord. No. 129-A-11; 4-22-2014 by Ord. No. 129-A-2014]
A. Provision and availability of regular collection.
(1) The residences of the Township are hereby divided into fair and reasonable types for the purpose of municipal waste and recyclable materials collection.
(2) The Township Manager, in his sole discretion, shall determine the classification of all properties in the Township.
(3) 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.
B. 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.
C. Assistance law discounts.
(1) 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:
(a) The Senior Citizens Property Tax or Rent Rebate Act, 72 P.S. § 4751-1 et seq.;
(b) The Pharmaceutical Assistance Contract for the Elderly Act (PACE), 62 P.S. § 2901 et seq.;
(c) The Federal Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 through 2030;
(d) The Women's, Infants' and Children's Nutrition Improvement Act, 62 P.S. § 2951 et seq.;
(e) Aid to Families with Dependent Children, 42 U.S.C. § 601 et seq.; and
(f) The Public Assistance Law, 62 P.S. § 401 et seq.
(2) 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]
A. 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]
B. 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.
C. 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.
D. 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 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.