This chapter shall be known as the "Easttown Township Municipal
Solid Waste and Recycling Ordinance."
It is the intent and purpose of this chapter to promote the
public health, safety and welfare and to eliminate public health hazards,
environmental pollution, and economic loss by providing that all residential,
commercial, institutional and municipal solid waste and recyclables
accumulated or stored upon any property within the Township shall
be collected, transported and disposed of in compliance with the Municipal
Waste Planning, Recycling, and Waste Reduction Act of July 28, 1988
(P.L. 556, No. 101) ("Pennsylvania Act 101"),[1] the Chester County Solid Waste Management Plan, 2009 Revision,
and any future revisions thereto, and this chapter.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage and food containers.
Chester County Solid Waste Authority.
A private person or corporation which has complied with the
fee, safety, security and insurance requirements, as approved from
time to time by motion or resolution of the Board of Supervisors,
necessary to be authorized by Easttown Township to contract with individual
Township residents for the collection and disposal of municipal waste.
Empty beverage or food containers consisting of steel and
aluminum.
Waste materials too large for collection in ordinary containers.
Examples of bulk waste include hot-water heaters, sofas, televisions,
rugs, mattresses, furniture, etc., having an individual weight of
not more than 250 pounds. Bulk waste specifically excludes tire rims,
tires, items containing refrigerants (i.e., freezers, refrigerators,
air conditioners, etc.) and materials classified as hazardous waste
under government regulations for municipal solid waste.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters. Multifamily dwellings,
townhomes, mobile home parks, hotels, motels, mixed-use properties
(combined business/residential on a single parcel) and farms which
use commercial dumpsters shall be considered commercial establishments;
does not include properties where the primary permitted use is residential
and the accessory use is commercial (i.e., home occupations).
The commonwealth and its departments, boards, commissions
and agencies, commonwealth-owned universities, and the State Public
School Building Authority, the State Highway and Bridge Authority,
and any other authority now in existence or hereafter created or organized
by the commonwealth.
Church, school, civic, service group, municipal and all other
such functions. All regulations pertaining to commercial, institutional
and municipal establishments in Easttown Township shall also apply
to community activities.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transportation of municipal
solid waste and recyclable materials placed at the curb or other area
designated by the collector.
The Department of Environmental Protection of the commonwealth
and its authorized representatives.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of this commonwealth.
Those specified locations, staffed or unstaffed, where recyclables
may be taken at specified times.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together, or one family. Each dwelling unit within a noncommercial
building shall be considered an individual customer.
The official designated herein or otherwise charged with
the responsibilities of administering this chapter, or the official
authorized representative. See also "Recycling Coordinator."
An agreement entered into by Easttown Township, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste within Easttown Township to the extent
provided by this chapter and any future amendments, the agreement
and any future resolutions adopted by the Board of Supervisors of
Easttown Township.
A parcel of land used for agricultural purposes such as growing
crops, grazing of livestock, growing of fruit trees, or similar uses.
Bottles and jars made of clear or colored glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal and porcelain and ceramic products.
Any establishment engaged in service to persons, including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
A source-separation and collection program for recycling
municipal waste or source-separated recyclable materials, or a program
for designated dropoff points or collection centers for recycling
municipal waste or source-separated recyclable materials, that is
operated by or on behalf of a municipality. The term includes any
source-separation and collection program for composting yard waste
that is operated by or on behalf of a municipality. The term shall
not include any program for recycling construction or demolition waste
or sludge from sewage treatment plants or water supply treatment plants.
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.
All 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 are newspapers which are wet, yellowed, or soiled.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the State Public
School Building Authority), or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
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 other legal entity having
officers and directors.
Contamination of any air, water, land or other natural resources
of this commonwealth that will create or is likely to create a public
nuisance or to render the air, water, land or other natural resources
harmful, detrimental or injurious to public health, safety or welfare
or to domestic, municipal, commercial, industrial, agricultural, recreational
or other legitimate beneficial uses or to livestock, wild animals,
birds, fish or other life.
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities
and resource-recovery facilities.
Source-separated recyclable materials, including materials
listed in Section 1501 of Pennsylvania Act 101.[2] Recyclable materials shall include but not necessarily
be limited to the following:
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
The official designated herein or otherwise charged with
the responsibilities of administering this chapter, or the official
authorized representative. See also "enforcement officer."
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste, nor
composting facilities or resource-recovery facilities.
All municipal solid waste which is regulated by Pennsylvania
Act 101[3] and the Chester County Solid Waste Authority, except the
following categories of solid waste:
Bulk waste, including tires and appliances.
Construction and demolition waste.
Sludge.
Infectious/pathological waste.
Ash residue.
Friable asbestos waste.
Source-separated recyclable materials.
Household hazardous waste.
Oversized refuse items.
Grass clippings.
Unacceptable waste.
See "dwelling unit."
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials,
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318, as amended), known as the "Coal Refuse Disposal
Control Act."[4] The term shall not include treatment sludges from coal
mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394, as amended), known
as the "Clean Streams Law."[5], [6]
Empty all-steel food and beverage containers.
The Township of Easttown, Chester County, Pennsylvania.[7]
The following categories of solid waste:
Hazardous waste.
Residual waste.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutic waste.
Gas cylinders.
Explosives and ordnance materials.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
Drums, barrels, and buckets, unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the Township.
