Township of East Caln, PA Solid Waste

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, mattresses not containing hazardous materials and all other nonhazardous waste materials other than construction debris, dead animals, hazardous waste or agricultural waste. Bulk waste does not include items which weight more than 250 pounds and or exceed seven feet in length.

BULK WASTE PICKUP: Bulk waste pickup shall be limited to one of the bulk waste items listed above together with no more than two bags of weeds, grass clippings, tree trimmings, dead trees or branches thereof, provided the material is securely tied in a bundle and the bags do not exceed four feet in length and/or three feet in diameter.

CONSTRUCTION DEBRIS: Customary, nonhazardous waste building materials resulting from construction, 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.

DISPOSAL: The transportation of waste to an incinerator, sanitary landfill, resource recovery facility or other lawful site and making final deposition.

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 files or rodents, except (in all cases) any matter included in the definition of bulk waste, construction debris, dead animals, hazardous waste, rubbish or agriculture waste.

HAZARDOUS WASTE: Any chemical, compound, mixture, substance or article designated by a Federal agency, including the United States Environmental Protection Agency, 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.

PERSON: Any natural person, association, partnership, firm or corporation.

RECYCLABLES: Nonhazardous materials having monetary value in the secondary materials market. These materials include, but are not limited to, aluminum cans and other aluminum articles, bimetal cans, glass containers, corrugated paper (cardboard and paper boxes), magazines, newspapers, computer printout paper, computer tab cards, office paper, steel cans and paper products not chemically coated.

REFUSE: All solid waste (excluding human body waste) generated within the Township.

RESIDENTIAL REFUSE: All garbage and rubbish generated within a single-family residential unit located within the Township.

RUBBISH: All nonhazardous waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, clothing, combustible waste pulp and other products such as are used for packaging or wrapping crockery and glass, whole Christmas trees, ashes, cinders, floor sweepings, glass, mineral or metallic substances and any and all other nonhazardous waste materials not included in the definition of bulk waste, construction debris, dead animals, garbage, hazardous waste and agriculture waste.

SINGLE-FAMILY RESIDENTIAL UNIT: A building within the Township occupied exclusively as a residence for only one family.

§ 175-3 Residential refuse.

Storage and collection. The storage and collection of all residential refuse from single-family residential units shall comply with the following:

(1)

All residential refuse except tree trimmings, grass cuttings, dead plants, weeds, leaves and dead trees or branches thereof which shall be securely bundled or bagged, shall be stored in the refuse containers provided by the Township's collector.

(2)

All refuse shall be drained free of liquids before storage for collection.

(3)

Garbage shall be adequately and securely wrapped in paper or similar material so as not to become unwrapped in the disposal process.

(4)

All cans, bottles or other food containers shall be drained and where appropriate cleaned before storage for collection.

(5)

It shall be unlawful to permit the accumulation of residue of liquids, solids or a combination of such material on the bottom or sides of containers. The interior of containers shall be kept clean through rinsing, draining and disinfecting as often as is necessary in order to prevent odor and accumulation of residue.

(6)

Each refuse container shall be securely closed and placed at curbside by 6:00 a.m. on days designated by the Township for collection. Curbside refers to that portion of right-of-way adjacent to Township roads. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians including sight obstruction.

(7)

Only refuse in collector provided containers will be picked up on regular collection days. Property owners requiring collection in excess of that provided for in this article shall contract with a collector licensed in East Caln to make such excess collections.

(8)

It shall be unlawful to place or dispose of refuse unless such refuse is placed in an approved container, as provided for in this article.

(9)

The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of vectors, insects and/or rodents and to prevent conditions in any way harmful to the public health or which create safety hazards, odors, unsightliness or public nuisances.

Bulk waste. The Board of Supervisors may designate up to one regular collection day each month for a bulk waste pickup. On this day the Township's collector shall provide a bulk waste pickup as defined by this article.

Collection fees.

(1)

The East Caln Township Board of Supervisors shall establish the annual fee for the collection of residential refuse as part of the Township's annual budget.

(2)

Regular collection fees shall be paid quarterly, in advance. Billings therefor shall be in equal amounts dated as of the first day of January, April, July and October of each year, for the three month period there following. Notwithstanding the foregoing, property owners may elect to pay the total annual fee, discounted by 10%, during the month of January of each year, in which case the total annual fee shall be considered paid in full for that calendar year, provided the property continues as a single-family residential unit.

(3)

Collection fees shall be subject to a 10% penalty if not paid within 30 days after they are due. If no paid after said 30 days, interest at the rate of 1% per month or fraction thereof, shall be charged on the fee and penalty. All fees together with all penalties, charges and interest thereon, not paid within six months from the date the fees became due shall be deemed to be delinquent. All delinquent collection fees and all penalties, charges and interest thereon shall be a lien against the property at which service was received. The Township may record this lien in the office of the Prothonotary of Chester County and the debt may be collected in the manner provided by law.

§ 175-4 Refuse from commercial, industrial and multifamily residential uses.

Storage and collection.

(1)

Each owner of a commercial or industrial establishment or a multifamily residential dwelling(s) shall provide approved refuse containers sufficient in number and size to contain all refuse materials generated by such uses between regularly scheduled collections and shall place and keep or cause to be placed and kept all refuse therein which obligation shall include the policing and maintenance of such container to the end that no rubbish shall be permitted to be placed around the container or to spill or overflow therefrom. Collections shall be scheduled no less than once each week.

(2)

Refuse containers shall be made of durable, watertight, rust-resistant material having a close fitting lid and any necessary handles to facilitate collection. Any cracked, rusted or otherwise improper container shall constitute a public nuisance and shall be removed from the premises on or before the next collection day.

(3)

All refuse shall be drained free of liquids before storage for collection.

(4)

Garbage shall be adequately and securely wrapped in paper or similar material so as not to become unwrapped in the disposal process.

(5)

All cans, bottles and other food containers shall be drained and where appropriate cleaned before storage for collection.

(6)

It shall be unlawful to permit the accumulation of residue of liquids, solids or a combination of such material on the bottom or sides of containers. The interior of containers shall be kept clean by thorough rinsing, draining and disinfection as often as is necessary in order to prevent odor and accumulations of residue.

(7)

(8)

It shall be unlawful to place or dispose of refuse unless such refuse is placed in an approved container, as provided for in this article.

§ 175-5 Disposal of refuse. [1]

It shall be unlawful to dump, burn, bury, destroy, process or otherwise dispose of any refuse within the of the Township of East Caln except in accordance with this article and by the Pennsylvania Department of Environmental Protection and consistent and in compliance with the Chester County Solid Waste Management Plan, as set and amended from time to time.

Untreated agricultural wastes may, however, be spread in thin layers and plowed under in conformity with sound and lawful agricultural practices.

Leaves, trees and other vegetation wastes may not be burned in the Township of East Caln except with specific written prior approval of the Fire Marshal of East Caln Township.

Individuals may operate lawful and safe leaf composting facilities. Only shrubbery, tree trimmings, leaves, garden residues and similar vegetative material which has been adequately shredded or chipped may be brought to or received by a leaf composting facility.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-6 Licensing of refuse collectors. [1]

Only a person licensed by East Caln Township may collect refuse within East Caln Township.

A license shall be valid for one year and may be renewed upon application and approval.

Application for a license shall be made on a form prescribed by the Township and submitted at the Township office, accompanied by the licensing fee established by the Board of Supervisors of East Caln Township in the fee schedule resolution.

Licenses are not transferable from one collector to another or from one vehicle to another.

Township shall issue or refuse to issue a license to an applicant within 30 days from the Township's receipt of the properly completed application and license fee.

Applicants for an East Caln Township refuse collection permit must furnish the following information:

(1)

The makes, models, license plates numbers and sizes of each of the vehicles to be used for collection and transportation of refuse.

(2)

The locations, addresses, hours of business and telephone numbers of the collector's business offices to receive calls, visits or correspondence from persons in the Township who receive collection service.

(3)

A certificate of workmens' compensation insurance as required by law.

(4)

A certificate of insurance coverage evidencing liability insurance: minimum limits of $500,000 (bodily injury) for each occurrence and aggregate for the terms of the policy, property damage insurance in the amount of $100,000 and an umbrella excess liability coverage policy of $1,000,000 during the effective dates of the license or any renewal thereof, in order to protect and save the Township harmless against any and all claims for damages to person or property arising from the collection of refuse. Further the collector shall name the Township as coinsured on the aforesaid policies and supply said Township with a copy thereof.

(5)

The Pennsylvania DEP approved disposal site(s) where the waste will be taken. The disposal site(s) shall be listed on the permit.

(6)

Any other relevant information which the Township deems necessary for the issuance of a permit.

All vehicles licensed for the collection or transportation of refuse in East Caln Township shall:

(1)

Comply with all applicable Federal, State and local regulations and shall have safety devices including, but not limited to, the following: adequate exterior rear view mirrors, backup lights, four way emergency flashers, easily accessible first aid equipment, easily accessible fire extinguishers and adequate audible reverse warning device. If crew members ride outside the cab of the vehicle, adequate handholds and standing platforms to safeguard against slipping shall be provided.

(2)

Have watertight, enclosed metal bodies constructed in a fashion top permit complete cleaning of all residue waste and equipped with motorized compaction devices.

(3)

Be maintained in good condition and kept clean to prevent odor and propagation or attraction of vectors.

(4)

Bear the identification number of the Township license, together with sequential vehicle numbering in a conspicuous location on the exterior of the vehicle.

Failure of licensed collector to comply with the provisions of this article shall result in the revocation of the license.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 175-7 Violations and penalties.

[Amended 7-19-2006 by Ord. No. 2006-01]

Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

Article II: Recycling

[Adopted 12-18-1991 by Ord. No. 1991-3]

§ 175-8 Title.

This article shall be known as and may be cited as the "East Caln Township Recycling Ordinance."

§ 175-9 Definitions.

The following terms shall have the following meanings in this article:

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.

LEAF WASTE: Leaves, garden residues, shrubbery and tree trimmings and similar material, but shall not include grass clipping.

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 article 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: Those materials specified by East Caln Township for collection in accordance with this article and recyclable regulations which may be promulgated from time to time. This list of recyclable materials shall be established from time to time by resolution of the Board of Supervisors of East Caln Township.

RECYCLING COLLECTOR: Any person collecting or transporting recyclable materials from owners or occupants of property in East Caln Township and any business or institution within East Caln Township which generates recyclable materials and uses its own employees and equipment for the collection or transportation of recyclable materials.

RESIDENCE: Any occupied single-family or multifamily structure to which is provided solid waste collection service under the collection program established under the provisions of the East Caln Township Solid Waste Ordinance, Ord. 1988-5.

RESIDENT: Any person or entity who or which owns, leases or occupies a property located in East Caln Township used as a residence.

RESIDENTIAL WASTE: The garbage, refuse and rubbish resulting from the normal function of a residential dwelling unit.

SOURCE-SEPARATION: The separation of recyclable materials from municipal waste at points or origin for the purpose of recycling.

TOWNSHIP: East Caln Township, Chester County, Pennsylvania.

§ 175-10 Separation program established.

There is hereby established a program for the mandatory source-separation and collection of recyclable materials and leaf waste for all properties participating in the collection program established under the provisions of the East Caln Township Solid Waste Ordinance, Ord. 1988-5. No person shall store, collect, transport or dispose of recyclable materials or leaf waste within East Caln Township except in accordance with this article. The use of a recycling collector will not relieve any person from compliance with this article.

§ 175-11 Recycling standards.

Recyclable materials. All recyclable materials shall be separated from all residential waste generated within East Caln Township. When placed at the curb, for collection in accordance with the provisions of this article, recyclable materials shall be placed in separate reusable containers provided by the Township for such purpose or otherwise in accordance with the rules and regulations adopted hereunder or hereafter by resolution of the Board of Supervisors of East Caln Township.

Leaf waste. All leaf waste shall be separated from all Township waste generated within East Caln Township. When placed at the curb for collection in accordance with the provisions of this article, leaf waste shall be placed in paper biodegradable bags or otherwise in accordance with the rules and regulations adopted hereunder or hereafter by resolution of the Board of Supervisors of East Caln Township. Any person who otherwise provides for the proper disposal of leaf waste by composting shall not be required to comply with the provisions of this subsection.

Residential collection. The collection of recyclable materials from all residences within the Township shall be made by the recycling collector at a minimum of once every other week. Leaf waste shall be collected from such residences a minimum of four times a year by the collector engaged by the Township. The Board of Supervisors shall annually establish the leaf waste collection dates and shall notify the property owners of said dates.

Commercial collection. Each commercial establishment within the Township shall privately contract with a recycling collector, either individually or cooperatively with other commercial establishments within the Township, for the collection of recyclable materials generated by such commercial establishment at a minimum of once every other week.

[Added 5-7-2008 by Ord. No. 2008-02]

§ 175-12 Impairment of ownership.

Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of recyclable materials by the persons who generated them unless and until recyclable materials are placed at curbside for collection by the recycling collector.

§ 175-13 Antiscavenging.

From the time of placement of the recyclable materials at the curb or other designated place for collection by the Township contractor pursuant to the provisions of this article and any rules and regulations adopted hereunder, the proper and lawful recyclable materials shall become the property of the Township. It shall be a violation of this article for any person not authorized by the Township to collect or pickup, or cause to be collected or picked up, any recyclable materials placed at the curb or other designated place for collection by the recycling collector pursuant to the provisions of this article. Any and each unauthorized collection in violation hereof constitutes a separate and distinct offense punishable as hereafter provided in this article.

§ 175-14 General requirements.

No person shall place Township waste in containers used for the separation and collection of recyclable materials.

No person shall place designated recyclable materials in containers used for the collection of Township waste.

No person shall place containers for recyclable materials at the curbside except during the period beginning at 6:00 p.m., prevailing time, on the day prior to the scheduled collection and ending at midnight on the day of the scheduled collection. Front yard shall mean the area between the street line and the first building on the lot.

No person other than the occupants of the property on which containers for recyclable are stored or the authorized Township recycling collector, as the case may be, shall remove any of the contents of the containers.

§ 175-15 Rules and regulations.

The collection of recyclable materials by the recycling collector and the preparation for collection of recyclable materials by person, property owners and residents of the Township, shall be made in compliance with the regulations to be adopted by the Board of Supervisors of East Caln Township to carry out the intent and purpose of this article. Such rules and regulations shall be approved by the Board of Supervisors by resolution and, when so approved, shall have the same force and effect as the provisions of this article. The said rules and regulations may be amended, modified or repealed by resolution of the Board of Supervisors.

§ 175-16 Enforcement; violations and penalties.

[Amended 7-19-2006 by Ord. No. 2006-01]

Unlawful conduct, public nuisance. It shall be unlawful and a public nuisance for any person to violate, cause or to assist in the violation of any provision of this article or to violate, cause or to assist in the violation of any rule, regulation promulgated by the Board of Supervisors pursuant to this article.

Penalties. Any person, firm or corporation who shall violate any provision of this article, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

Injunction. In addition to any other remedy provided in this article or by law, East Caln Township may institute a suit in equity where unlawful conduct or a public nuisance exists as defined in this article for an injunction to restrain a violation of this article or any rules, regulations or resolutions promulgated or issued by the Board of Supervisors pursuant to this article.

Concurrent remedies. The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Township from exercising any other remedy provided by this article or provided otherwise by law or equity.

Enforcement. The Board of Supervisors shall designate an individual to implement and maintain an ongoing enforcement program to ensure compliance with the requirements of the East Caln Township Recycling Ordinance. The designated individual shall periodically monitor participation, receive and resolve complaints, issue warnings and, when necessary, otherwise act to enforce compliance with the requirements of this article.

[Added 5-7-2008 by Ord. No. 2008-02]