[Adopted 8-29-1990 by Ord. No. 862-90]
The short title of this Part 1 shall be the "City of Coatesville Recycling Ordinance," and the same may be cited in that manner.
[Amended 7-26-1993 by Ord. No. 931-93]
As used in this Part 1, the following terms shall have the meanings indicated:
Empty beverage cans constructed solely of aluminum, not tin,
metal or steel.
Items of solid waste which, due to their size, shape or weight,
cannot be collected as a part of the normal weekly municipal waste
collection and, therefore, require special handling. For example,
large household appliances, such as stoves and refrigerators, plumbing
fixtures, furniture, large crates, tires, tools, machinery or parts
thereof, and similar items in size shall be considered "bulky waste."
That street or alley within which vehicles are permitted,
including travel lanes, but not including shoulders, curbs, gutters,
sidewalks or drainage swales.
[Added 9-9-1996 by Ord. No. 1033-96]
The governmental jurisdiction and legal entity of the City
of Coatesville, Chester County, Pennsylvania.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers, theaters and multifamily rental housing
properties with four or more units.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation and other material
which results from a construction, demolition or remodeling process.
Paper or pasteboard contracted into parallel grooves and
ridges, commonly referred to as "cardboard," which is used for wrapping,
packing, shipping and/or storage.
The scheduled collection and transport of recyclable materials
placed at the curbline or other similar location by residential establishments
or approved small businesses.
One or more rooms in a residence or dwelling, which room
or rooms have fixed cooking facilities arranged for occupancy by one,
two or more persons living together.
All clean bottles and jars made of clear, green or brown
glass, not including noncontainer glass, plate glass, blue glass and
porcelain and ceramic products, light bulbs and fluorescent tubes.
Any building or structure that can be occupied or lived in.
[Added 2-12-2001 by Ord. No. 1155-2001]
Printed or unprinted sheets, shavings and cuttings of sulfite
or sulfate ledger, bond, writing and other papers which have similar
fiber and filler content. This grade must be free of treated, coated,
padded or heavily printed stock. This definition includes lightweight
office papers, i.e., letterhead or mimeograph paper typically sold
as white ledger paper, bond, Xerox paper and onionskin, as well as
computer paper.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any building or structure that cannot be occupied or lived
in.
[Added 2-12-2001 by Ord. No. 1155-2001]
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, child day-care centers,
libraries, nonprofit associations, schools and universities. This
definition shall not include standard residential units.
Leaves, garden residues, shrubbery and tree trimmings and
similar material but not including grass clippings.
A building used or designed as a residence for four or more
families living independently of each other and doing their own cooking
therein, including apartment houses, group quarters, townhouses and
condominium complexes.
Public facilities operated by the City of Coatesville and
other governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation 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[1] 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.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements as matters of public interest, but not
including glossy advertising inserts typically inserted with newspapers
nor magazines or periodicals.
Any individual, corporation, partnership, joint venture, association, joint-stock company, trust and incorporated organization or any government or public agency or political subdivision thereof or any authority or agency thereof. In any provision of this Part 1 prescribing a fine, imprisonment, penalty or remedy or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
Empty and clean consumer product containers made of polyethylene
terephthalate (PET), polypropylene (PP), high-density polyethylene
(HDPE) and low-density polyethylene (LDPE), most commonly but not
limited to plastic bottles used as containers for soda, milk and other
consumer food products or for household cleaning products or for personal
care products.
Those materials specified by the City of Coatesville for
separation, collection, processing, recovery or reuse as part of a
recycling program.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
could otherwise be disposed of or processed as solid waste or the
mechanized separation and treatment of solid waste (other than through
combustion) and creation and recovery of reusable materials other
than a fuel for the generation of energy.
A person (as defined in this Part 1) who is in possession of all pertinent permits and registrations which may be required by the City of Coatesville for the collection, transportation, storage or disposal of recyclables within the City.
[Amended 6-23-20014 by Ord. No. 1433-2014]
Any occupied dwelling unit, except multifamily rental housing
properties with four or more units.
That strip of land consisting of at least three feet from
either side of the cartway (and including the sidewalk in its entirety)
for public or private use, or other certain public or quasi-public
purpose.
[Added 9-9-1996 by Ord. No. 1033-96; amended 6-23-2014 by Ord. No.
1433-2014]
All materials or substances that are generally discarded
or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, including garbage,
refuse, industrial and commercial waste, sludges from air- or water-pollution
control facilities or water supply treatment facilities, rubbish,
contained gaseous materials, incinerator residue, demolition and construction
debris and offal.
Recyclable materials that are separated from solid waste
at the point of origin for the purpose of recycling.
Empty, all-steel (ferrous material) or bimetal beverage and
food containers.
Any building or structure that has been declared by the Codes
Department as dilapidated or under order of demolition.
[Added 2-12-2001 by Ord. No. 1155-2001]
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
The City of Coatesville hereby establishes and
implements a mandatory source-separation and collection program for
recyclable materials by persons located in the City of Coatesville
in accordance with Section 1501 of the Municipal Waste Planning, Recycling
and Waste Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.1501.
A.
Residential (single-family and multifamily units up
to four dwelling units).
(1)
Owners and residents of residential establishments
are hereby required to separate all recyclable materials as specified
by regulation from other municipal waste generated at their homes,
apartments and other residential establishments and to store such
material until collection.
(2)
Recyclable materials from residential establishments shall be placed at the curb or other similar area, separate from solid waste, for collection, at such times and dates as may be established by regulation. Such regulations shall schedule a minimum of one day per month for pickup of recyclables from residential establishments. Nothing in this Part 1 or regulations promulgated hereunder shall be deemed to impair the ownership of the separated materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the municipality, its agents or authorized collector.
(3)
The appropriate City authorities are hereby authorized
to designate, by regulation, the days and times for the collection
of recyclable newspaper, recyclable aluminum beverage cans and recyclable
glass.
B.
Multifamily residential units with four or more dwelling
units.
(1)
The owner, landlord or agent of an owner or landlord of multifamily housing properties with four or more units may comply with the responsibilities under this section by establishing a collection system for recyclable materials at each property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this Part 1 shall not be liable for noncompliance of occupants of their buildings.
(2)
Multi-unit residential properties (buildings with
four or more living units) not included in the City's collection program
shall be required to separate for collection and recycling the following
three materials: newspaper, glass bottles and jars (clear, green and
brown) and aluminum cans.
(3)
A verification form shall be sent by the City to each owner, landlord or agent prior to the start of the implementation of this recycling program as mandated by this Part 1.
(4)
The City's Recycling Coordinator shall have the authority
to verify the appropriateness of each recycling plan for each multi-unit
residential building. The verification forms must be returned to the
City annually prior to October 1.
[Amended 3-25-1996 by Ord. No. 1012-96]
C.
Commercial, institutional, industrial and municipal
establishments, and community activities.
[Amended 3-25-1996 by Ord. No. 1012-96; 2-12-2024 by Ord. No. 1585-2024]
(1)
Commercial, institutional, industrial and municipal
establishments, and community activities are hereby required to separate
all recyclable materials as specified by regulation and to store such
material until collection. The times, dates and places for collection
shall be established by regulations. Such regulations shall schedule
a minimum of one day per month for pickup of recyclables from commercial,
institutional, industrial and municipal establishments. All commercial,
industrial, municipal and institutional establishments, and community
activities shall be required to separate for collection and recycling
high-grade office paper, corrugated paper and aluminum cans.
(2)
The City's Recycling Coordinator shall have the authority
to verify the appropriateness of each recycling plan for each commercial,
institutional, industrial and municipal establishment, and community
activity. In addition, anyone who has a food and beverage license
must follow the same rules as a commercial or institutional establishment
and must also recycle glass bottles and jars (clear, green and brown).
(3)
Verification forms must to returned to the City's
Recycling Coordinator annually prior to October 1.
All persons who reside in residential establishments
and all persons who are responsible for the operation of commercial,
institutional, industrial and municipal establishments where leaf
waste occurs or is generated shall source separate all leaves and
place them for collection at the times and in the manner prescribed
by regulation unless those persons have otherwise provided for the
composting of leaf waste. The owner, landlord or agent of an owner
or landlord of multifamily rental housing properties with four or
more units, commercial, institutional, industrial and municipal establishments
may comply with their responsibilities under this section by establishing
a collection system for leaf waste at each property.
It shall be a violation of the terms of this Part 1 for any person, other than authorized personnel of the City or the authorized collector of the recyclables by the City, to collect, pick up or cause to be collected or picked up any such materials. Each such collection or pickup in violation hereof shall constitute a separate and distinct offense.
Any person may donate or sell recyclable materials
to individuals or organizations authorized by the City in its recycling
regulations. These materials must either be delivered to the individual's
or organization's site, or they may be placed at the curb for collection
by said individual or organization on days not indicated as recyclable
material collection days by the City. Said individuals or organizations
may not collect recyclable materials on or immediately preceding (within
24 hours) a regularly scheduled curbside collection day.
A.
Authority.
[Amended 8-22-2011 by Ord. No. 1358-2011]
(1)
The City of Coatesville, its administration and/or its Recycling Coordinator is authorized and directed to enforce this Part 1. Enforcement authority is hereby further conferred to the SWEEP (Solid Waste Education Enforcement Program) Officer, as appointed by the Director of Public Works. In addition, this authority for enforcement conferred to the SWEEP Officer extends not only to Part 1, Article I, of Chapter 190, governing recycling, but also to Part 2, Articles II, III, IV, V and VA,[1] and Part 3, Article VI, such that any reference to authority conferred for enforcement under Chapter 190 and referencing the "Code Enforcement Officer" (or other authorized enforcing party, however designated) shall be interpreted to include as well the SWEEP Officer, who shall have the same authority for enforcement.
[1]
Editor's Note: Article VA was repealed 6-23-2014 by Ord. No.
1433-2014.
(2)
The same are hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this Part 1. The City may change, modify, repeal or amend any portion of said rules and regulations at any time.
B.
Persons occupying commercial (including multifamily rental housing properties with four or more units), institutional, industrial and municipal establishments, within the City boundaries, and otherwise providing for the recycling of materials are required by this Part 1 to recycle and must provide or have their authorized collector provide written documentation semiannually to the City of the total number of tons recycled or estimated to be recycled, as well as the name of any authorized collector collecting their recyclables.
[Amended 7-26-1993 by Ord. No. 931-93; 3-25-1996 by Ord. No. 1012-96; 10-28-2013 by Ord. No.
1418-2013; 6-23-20014 by Ord. No. 1433-2014]
A.
Registration requirements.
(1)
Beginning September 1, 1993, no person other than a registered hauler shall collect or transport recyclables, as defined in this Part 1, generated, whether anywhere or from any user in the City.
(2)
It shall be unlawful for any person to haul, transport, collect or remove any recyclables from any public or private property within the City without first registering to do so in accordance with the provisions of this Part 1.
(3)
Every person desiring to engage in, to continue to
engage in or hereafter to begin to engage in the business of collecting,
removing or transporting recyclables from any property within the
City shall first register with the City. Such registration shall be
for a period of one year beginning September 1 of the year in which
the registration occurs. All persons shall register by September 30
of each year. All registrations shall be issued for the year period
(September 1 to August 31) or such portion thereof as shall remain
after the issuance thereof. There shall be no reduction in the fee
for registration issued after the beginning of any one-year period.
(4)
Standards for collection vehicle. The collection equipment and transportation vehicles used for the collection of municipal recyclables shall be of the closed-body type with an automatic compactor unit. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other type of vehicles may be used only for the collection of recyclable materials, bulk solid waste and collecting and transporting dumpsters, provided that such items are separately collected in accordance with other provisions of this Part 1 and the regulations adopted hereunder. The municipal solid waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or the creation of other nuisances. All collection equipment and transportation vehicles shall be kept in a clean and sanitary condition.
(5)
Private haulers' insurance requirements.
(a)
No person shall be entitled to register with
the City as a collector and no registration shall issue to any person
desiring to collect or transport recyclables generated in the City
unless such person or collector can show certificates of insurance
as set forth below:
[1]
Workers' compensation insurance as required
by statute in such amounts as required by state law.
[2]
Comprehensive general liability insurance at
a minimum limit of $1,000,000 per occurrence and $1,000,000 in the
aggregate annually for both bodily injury and property damage coverage.
[3]
Comprehensive automobile liability insurance
with limits of liability not less than $1,000,000 per occurrence.
In instances where more than one vehicle will be utilized by the person
in the City of Coatesville to collect or transport recyclables, then
the person shall satisfy the City that comprehensive automobile liability
insurance coverage is in effect for all vehicles to be used within
the City for the collection and transportation of recyclables within
the City.
[4]
Owner's and contractor's protective insurance in amounts consistent with the minimum coverages required in Subsection A(5)(a)[2] above.
(b)
The minimum insurance coverages shall be in
such amounts that the Council may establish from time to time. Each
and every policy of insurance required in this subsection shall carry
with it an endorsement to the effect that the insurance carrier will
convey to the City, by certified mail, written notice of any modifications,
material alterations or cancellation of any such policy or policies
or the terms thereof. The above-mentioned written notice shall be
mailed at least 10 days prior to the date of any such modification,
material alteration or cancellation.
(6)
Application requirements.
(a)
Every person who shall apply for registration under this section shall, in applying therefor, state the type or types of refuse or recyclable material that will be collected, the manner and place of disposal for all such refuse and the location of the recycling center for all collected materials under such registration. Said applicant shall describe the type or types of vehicles to be used for collection, listing the make, model, year and license plate number; include a certificate of insurance as aforementioned; and state the name of the company, address, telephone number and the contact person responsible for compliance with this Part 1. No such registration shall be granted if the vehicle and/or manner and place of disposal of such refuse and/or recycling center shall not conform in every respect to the requirements of this Part 1.
(7)
Nothing contained in this Part 1 shall prevent the City of Coatesville from terminating or revoking any or all registrations granted hereunder for failure of the registrant to comply with Act 101,[1] the terms and conditions of this Part 1, rules and regulations promulgated by the City Council pursuant to this Part 1 or administrative requirements established by the City administration and staff hereunder or for failure to comply with any other City ordinance or regulation.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
(8)
Registration will be done by the City for each vehicle of the person who owns or leases the vehicle only after the person has satisfied the conditions outlined in this Part 1. There shall be no fee for the City's registration program for registered haulers.
(9)
Registrations will be renewed annually, provided that
the registrant has maintained that registration in good standing.
All registrations will be made or renewed on a calendar-year basis.
There will be no reduction in the fee for a registration made after
the beginning of the year.
(10)
Registration cannot be transferred from one vehicle
to another.
(11)
Registrations issued by the City must be firmly attached
and prominently displayed on each side of the vehicle so as to be
clearly visible.
(12)
The registrant shall comply with the following inspection,
recordkeeping and reporting requirements:
(a)
It shall be a condition of being registered
with the City of Coatesville that each registrant:
[1]
Report quarterly to the City no later than December
15 and thereafter on a quarterly basis by the 15th of each month which
follows the end of a quarterly reporting period (the first quarterly
period commencing September 1) the gross tonnage of municipal recyclables
collected in the City and disposal sites utilized;
[2]
Maintain an accurate logbook of vehicles, including
the location of container, collection routes and disposal or processing
facilities utilized, which shall be open to inspection by the City's
enforcement personnel; and
[3]
Open all facilities and vehicles to inspection
by the City's enforcement personnel during reasonable hours but not
necessarily on prior notice.
B.
Penalties and enforcement.
(1)
Summary violations.
(a)
Any person who violates any provision of this Part 1 or who engages in unlawful conduct as defined in this Part 1 shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $600 to be paid to the use of the City, with costs of prosecution, or to be imprisoned for a period of not more than 90 days, or both.
[Amended 3-25-1996 by Ord. No. 1012-96]
(c)
Any person who engages in unlawful conduct, as defined in this Part 1, shall, in accordance with applicable provisions of the laws of the commonwealth, be subject to the provisions of Act 101, Chapter 17,[2] as such provisions with respect to enforcement and remedies
may apply to such unlawful conduct.
[2]
Editor's Note: See 53 P.S. § 4000.1701
et seq.
(2)
Administrative penalties.
(a)
If a registrant violates this Part 1, the City shall have the right to:
[1]
Suspend or revoke the registration of the violating
vehicle, suspend or revoke all registrations issued to the person
who is the registrant of the violating vehicle or impose a civil penalty
in accordance with the provisions of Act 101[3] and require the registrant to pay the cost of the proceeding.
[3]
Editor's Note: See 53 P.S. § 4000.101
et seq.
[2]
Deny any subsequent registration application
by that person or any person who or which was or who or which is affiliated
with, related to or controlled by any person who was, at the time
of commitment of such unlawful conduct or any time thereafter, an
officer, director, shareholder, partner or joint venturer of, under
contact with, employed by or related or affiliated in any manner with
such person.
(3)
Notice and hearing procedure.
(a)
Prior to such action taken under Subsection B, the City will give the registrant written notice of the violation setting forth the reasons for the proposed action. The registrant will have 15 days to respond in writing to the notice. If no response is received, the penalty, registration suspension or revocation will take effect. If a response is received, the City will provide the right to a hearing as described in this section. If no response is received, an appropriate administrative determination will be imposed.
(b)
Any person who has been aggrieved by an administrative determination of the City under this Part 1 may file a written request for review by the City Council by certified mail within 15 days of the date of such determination. The hearing shall be held promptly after receipt of the request but in no event later than 30 working days of the receipt of the request, in accordance with the procedure set forth in this section.
[1]
Any person who has filed a request for review
shall be given notice, in writing, of the time and place of hearing.
Such notice shall be first-class United States mail, postage prepaid,
directed to the address set forth in the request for review and shall
be mailed not less than 10 days prior to the date of hearing.
[2]
The person requesting the hearing may appear
personally or by counsel. The person filing the request for the hearing
shall have the burden of proof to establish the basis for review.
Upon the request of the person requesting the hearing, City Council
shall issue a subpoena requiring the testimony of witnesses and the
production of books, records or other documents relative to the material
involved in such hearing.
[3]
All testimony at the hearing shall be given
under oath.
[4]
The hearing officer shall render a decision
within 15 working days of the hearing by certified mail, return receipt
requested, forwarded to the person at the address shown in the City's
records.
C.
Concurrent remedies. The penalties and remedies prescribed
by this section shall be deemed concurrent, and the exercise or existence
of any remedy shall not prevent the City from exercising any other
remedy hereunder, at law or in equity.
D.
Reservation of rights. Nothing in this section shall be construed as preventing the City from exercising its rights and duties as defined pursuant to this Part 1, Act 101 and Act 97[4] and further from proceeding in courts of law and/or equity to enforce said rights as so define, without first pursuing the action provided for in Subsection B hereof.
[4]
Editor's Note: See 53 P.S. § 4000.101
et seq. and 35 P.S. § 6018.101 et seq., respectively.
E.
Revisions.
(1)
This section may be amended from time to time.
(2)
The disposal of municipal recyclables generated within the City of Coatesville shall be subject to such further rules, regulations, resolutions and standards as may, from time to time, be promulgated, adopted and enacted by the City pursuant to this Part 1 in furtherance of implementation and enforcement of the Plan, including, but without limitation, regulations as to the form of registration application, standards for the approval of any such registration, the amount agreed to be charged for said registration, the terms of the registration, registration issuance procedure and registration revocation procedures; provided, however, that no such rules, regulations, resolutions or standards adopted by the City shall be contrary to or less stringent than the provisions of this Part 1, the Plan, Act 97, Act 101 or any regulations adopted thereunder.
F.
Construction. The terms and provisions of this section
are to be liberally construed so as best to achieve and effectuate
the goals and purpose hereof.
[Amended 7-26-1993 by Ord. No. 931-93; ; 3-25-1996 by Ord. No.
1012-96]
A.
Any person, partnership or corporation who violates or fails to comply with any provision of this Part 1 or any regulation promulgated pursuant thereto shall, upon conviction thereof in a court of summary jurisdiction, be punishable by fines of not more than $600 or be imprisoned for a period not exceeding 90 days, or both such fine and imprisonment.
B.
Alternative citation process.
[Added 10-28-2013 by Ord. No. 1418-2013]
(1)
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $25 to be paid within 10 days.
(2)
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $50 to be paid after 10 days but within 20 days.
(3)
Any violation of the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $75 to be paid after 20 days, but before citation.
(4)
Failure to respond by the payment of the fines as aforesaid shall,
after 28 days, result in the issuance of a citation to the defendant.
Thereafter, the prosecution shall proceed in accordance with the Pennsylvania
Rules of Criminal Procedure, and upon conviction for the offense,
the defendant shall be ordered to pay the maximum fine prescribed
by law, together with the costs of prosecution, and/or to be incarcerated
in the county prison for not more than five days.
[Amended 6-23-20014 by Ord. No. 1433-2014]
The City of Coatesville may enter into an agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable materials from curbside.
