This chapter shall be known as and may be cited as the "East
Caln Township Municipal Waste and Recycling Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq.
AGRICULTURE WASTE
All manure and other nonhazardous waste matter normally accumulated
in or about a stable or any animal, livestock or poultry enclosure
as a result of the keeping of animals, poultry or livestock.
BULK WASTE
Stoves, refrigerators, water tanks, washing machines, furniture,
and mattresses, not containing hazardous materials and all other nonhazardous
waste materials other than construction debris, dead animals, hazardous
waste or agriculture waste. Bulk waste does not include items which
weigh more than 250 pounds and/or exceed seven feet in length.
COMMERCIAL ESTABLISHMENT
A building or buildings used or designed for use for commercial
purposes, including but not limited to wholesale, industrial, manufacturing,
transportation, financial or professional services stores, markets,
retail establishments, restaurants, shopping centers, theaters or
other commercial activities.
CONSTRUCTION DEBRIS
Customary, nonhazardous waste building materials resulting
from construction, alteration, remodeling, repair or demolition operations.
DEAD ANIMALS
Noncontaminated (no communicable disease) animals or portions
thereof equal to or greater than 10 pounds in weight that have expired
from any cause, not including animals slaughtered or killed for human
consumption.
GARBAGE
Every accumulation of nonhazardous, noncontaminated waste
(animal, vegetable and/or other matter) that results from the preparation,
processing, consumption, dealing in, handling, packaging, canning,
storage, transportation, decay or decomposition of meats, fish, fowl,
birds, fruits, grains or other animal or vegetable matter including,
but not by way of limitation, used tin cans and other food containers,
and all putrescible or easily decomposable waste animal or vegetable
matter which is likely to attract flies or rodents, except any matter
included in the definition of "bulk waste," "construction debris,"
"dead animals," "hazardous waste," "agriculture waste," "recyclable
materials" or "leaf waste."
HAZARDOUS WASTE
Any chemical, compound, mixture, substance or article designated
by a federal agency, including the United States Environmental Protection
Agency, the Commonwealth of Pennsylvania, Chester 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.
HIGH-GRADE OFFICE PAPER
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper; includes computer paper.
INSTITUTIONAL ESTABLISHMENT
An establishment engaged in service, including but not limited
to hospitals, nursing homes, schools, universities, churches, and
social or fraternal societies and organizations.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but shall not include grass clipping.
MULTIFAMILY RESIDENTIAL ESTABLISHMENT
A building or buildings under single or multiple ownership
and designed as residence for four or more families living independently
of each other and doing their own separate cooking therein, including
apartments, townhomes or condominiums.
MUNICIPAL ESTABLISHMENT
Of or pertaining to any office or other property under the
control of any branch or arm of the federal government, the Commonwealth
of Pennsylvania, or any political subdivision of the Commonwealth
of Pennsylvania, including, but not limited to, the Township, county,
municipal authorities, and school district.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or gaseous
material, resulting from the operations of residential, municipal,
commercial or institutional establishments and from community activities,
and sludge not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act, 35 P.S. § 6018.101 et
seq., 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 or leaf waste.
MUNICIPAL WASTE COLLECTOR
Person authorized to collect, remove, transport, and dispose
of municipal waste from owners or occupants of single-family residential
establishments, multifamily residential establishments, commercial
establishments, institutional establishments, and municipal establishments
in East Caln Township.
PERSON
Any 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 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
legal entity having officers, directors, partners or other individual
principals.
RECYCLABLE MATERIALS
Aluminum and tin cans, glass, plastic containers marked as
1, 2 and 5, newspaper, high-grade office paper, magazines, and cardboard
or corrugated paper.
RECYCLING
The separation, collection, processing, recovery and sale
or reuse of recyclable materials or leaf waste, which could otherwise
be disposed of or processed as municipal waste.
RECYCLING COLLECTOR
Person authorized to collect, remove, transport, and dispose
of recyclable materials and/or leaf waste from owners or occupants
of single-family residential establishments, multifamily residential
establishments, commercial establishments, institutional establishments,
municipal establishments, and community activities in East Caln Township.
RECYCLING CONTAINER
A container designated for the storage of recyclable materials.
A recycling container may be provided by the owner, resident, tenant,
or recycling collector. The recycling container shall comply with
the requirements of the recycling collector.
REFUSE
All solid waste (excluding human body waste) generated within
the Township.
RESIDENCE
Any occupied single-family or multifamily structure to which
is provided solid waste collection service under the collection program.
RESIDENT
Any person or entity who or which owns, leases or occupies
a property located in East Caln Township used as a residence.
SINGLE-FAMILY RESIDENTIAL ESTABLISHMENT
An occupied dwelling for human habitation, excluding a multifamily
residential establishment with four or more units. Home occupations
incidental to the residential use within a dwelling unit are considered
a "single-family residential establishment."
SOURCE SEPARATION
The separation of recyclable materials and leaf waste from
municipal waste at points or origin for the purpose of recycling.
TOWNSHIP
East Caln Township, Chester County, Pennsylvania.