[Added 3-2-1991 by Ord. No. 1-1991[1]]
This article shall be known and may be cited
as the "Willistown Township Recycling Ordinance."
As used in this article, the following terms
shall have the following meanings:
Events sponsored in whole or in part by Willistown Township
or conducted within Willistown Township and sponsored privately, which
include but are not limited to fairs, bazaars, socials, picnics and
organized sporting events that will be attended by 200 or more individuals
per day.
Leaves, garden residues, tree limbs and similar materials,
but not including grass clippings.
Any person collecting, removing or transporting municipal
waste and/or recyclable materials for owners or occupants of property
in Willistown Township and any business or institution within Willistown
Township which generates municipal waste or recyclable materials and
uses its own employees and equipment for the collection, removal or
transportation of municipal waste or recyclable materials. All municipal
waste collectors shall be licensed pursuant to the provisions of the
Willistown Township Municipal Waste Collectors Ordinance.[1]
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 any sludge not meeting the definition of residential or hazardous
waste in the Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as amended, 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 source-separated recyclable materials.
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 a 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
other legal entity having officers and directors.
Those materials specified by Willistown Township for collection
in accordance with this article and recycling regulations which may
be promulgated from time to time. Such material may include, but shall
not be limited to, aluminum cans, clear and colored glass containers,
plastic milk and beverage containers and newspapers. The list of recyclable
materials may be changed from time to time by resolution of the Board
of Supervisors of Willistown Township.[2]
Any person who owns, leases or occupies a property located
in Willistown Township used as a residence.
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
A program for the mandatory source separation
and collection of recyclable materials and waste within Willistown
Township, Chester County, Pennsylvania is established hereby. No person
shall dispose, collect, treat, remove and/or transport municipal waste,
recyclable materials or leaf waste within Willistown Township except
in accordance with this article. The use of a licensed Municipal Waste
Collector will not relieve any person from compliance with this article.
A.
Recyclable materials. All residents of Willistown
Township shall separate and segregate recyclable materials from all
municipal waste generated at their properties. The separated recyclable
materials may be commingled in a single recycling container provided
by the licensed municipal waste collector. When placed at the curb
for collection in accordance with the provisions of this article,
recyclable materials shall be placed in reusable containers which
clearly identify the contents as recyclables. Such containers shall
be provided by the licensed municipal waste collector. The preparation
for collection of municipal waste and recyclable materials shall be
made in accordance with the instructions provided by the licensed
municipal waste collector and which are consistent with the terms
of this article.
B.
Leaf waste. To the extent that any resident of Willistown
Township includes leaf waste as part of the municipal waste to be
collected and transported off site for disposal, such leaf waste shall
be separated from all municipal waste generated at their property.
If composting or other on-site disposal system is not desirable, residents
may contract with a municipal waste collector to arrange for pickup
of leaf waste in biodegradable bags, reusable containers or in bulk.
C.
Collection. Collection of recyclable materials shall
be made only by a licensed municipal waste collector at a minimum
of one time every other week.
D.
Multifamily residences. An owner, landlord or agent
of an owner or landlord of multifamily residential housing properties
with four or more units or the residents of multifamily residential
properties acting by and through a duly constituted homeowners' association
shall comply with their responsibilities under this article by establishing
a collection system for recyclable materials at each property and
pickup by a licensed municipal waste collector. A collection system
must include suitable containers for collecting and sorting materials,
easily accessible locations for the containers and written instructions
to the occupants or residents concerning the use and availability
of the collection system. In addition, such owners, landlords, agents
and homeowners' associations shall annually provide written documentation
and certification to Willistown Township of the total number of tons
of materials and the types of materials recycled. Such owners, landlords,
agents and homeowners' associations may comply with the reporting
requirements hereunder by requiring their licensed municipal waste
collector to provide said documentation and certification directly
to the township. Owners, landlords and agents of owners or landlords
who comply with this article under this subsection shall not be liable
for the noncompliance of occupants of their building.
All persons occupying commercial, institutional
and municipal establishments within Willistown Township shall separate
and segregate from municipal waste high-grade office paper, clear
and colored glass, plastic milk and beverage containers, aluminum
containers, corrugated paper and such other materials as may be changed
from time to time by resolution of the Board of Supervisors of Willistown
Township, generated at such establishments; store the materials until
collection for recycling by a licensed municipal waste collector;
make arrangements to have a licensed municipal waste collector collect
and recycle the recyclable materials at a minimum of once every other
week; and annually provide written documentation and certification
to Willistown Township of the total number of tons of materials and
the type of materials recycled. Such persons may comply with the reporting
requirements hereunder by requiring their licensed municipal waste
collector to provide said documentation and certification directly
to the township.
A.
No person shall place municipal waste in containers
used for the separation and collection of recyclable materials.
B.
No person shall place designated recyclable materials
in containers used for the collection of municipal waste.
C.
No person shall store municipal waste or recyclable
materials outside of an enclosed building in other than watertight
containers.
D.
No person shall place containers for municipal waste
or recyclable materials at the curb or in the front yard of any lot,
except during the period beginning at 6:00 p.m., prevailing time,
on the day prior to a scheduled collection and ending at 12:00 midnight
on the day of a scheduled collection. "Front yard" shall mean the
area between the street line and the first building on the lot.
Nothing in this article or any regulation promulgated
pursuant hereto shall be deemed to impair the ownership of separated
materials by the persons who generated them unless and until separated
materials are placed at curbside or similar location and collected
by a licensed municipal waste collector.
From the time of collection of recyclable materials
by a licensed municipal waste collector pursuant to the provisions
of this article and any rules and regulations adopted hereunder, the
recyclable materials shall become and be the property of the licensed
municipal waste collector. It shall be a violation of this article
for any person not duly authorized by Willistown Township to collect
or pick up or cause to be collected or picked up any recyclable materials
placed at the curb or other designated place for collection by a licensed
municipal waste collector pursuant to the provisions of this article.
Any and each such unauthorized collection in violation hereof from
one or more residences shall constitute a separate and distinct offense
punishable as hereinafter provided in this article.
The collection of municipal waste and recyclable
materials by municipal waste collectors and the preparation and collection
of municipal waste and recyclable materials by property owners and
residents of Willistown Township shall be made in compliance with
the regulations to be adopted by the Board of Supervisors of Willistown
Township to carry out the intent and purpose of this article. Such
rules and regulations shall be approved by resolution of the Board
of Supervisors and, when so approved, shall have the same force and
effect as the provisions of this article.[1] Said rules and regulations may be amended, modified or
repealed by resolution of the Board of Supervisors.
[1]
Editor's Note: Said rules and regulations
are on file in the office of the Township Secretary.
A.
Unlawful activities; public nuisance. It shall be
unlawful and a public nuisance for any person to violate, cause or
assist in a violation of any provision of this article or violate,
cause or assist in the violation of any rule, regulation or resolution
promulgated by the Board of Supervisors pursuant to this article.
B.
Penalties. Any person who violates any provision of
this article or of the regulations adopted hereunder or any person
who engages in unlawful conduct as defined in this article shall,
upon conviction thereof in a summary proceeding before a District
Justice, be sentenced to pay a fine of not more than $1,000 and not
less than $50. Each continuing day of any violation of this article
or unlawful conduct as defined in this article shall constitute a
separate offense punishable by a like fine or penalty.
C.
Injunction. In addition to any other remedy provided
in this article, Willistown 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 resolution promulgated or issued by the
Board of Supervisors pursuant to this article.
D.
Concurrent remedies. The penalties and remedies prescribed
by this article shall be deemed concurrent. The existence or exercise
of any remedy shall not prevent Willistown Township from exercising
any other remedy provided by this article or otherwise provided at
law or equity.
The terms and provisions of this article are
to be liberally construed so as to best achieve and effectuate the
goals and purposes hereof. This article shall be construed in pari
materia with the Solid Waste Management Act, Act of July 7, 1980,
P.L, 380, No. 97, as amended, 35 P.S. § 6018.101 et seq.,
the Municipal Waste Planning, Recycling and Waste Reduction Act, Act
of July 28, 1988, P.L. 556, No. 101, 53 RS. § 4000.101 et
seq., and the rules and regulations adopted thereunder.
