Township of East Brandywine, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Brandywine as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 116.
Dumps and dumping — See Ch. 147.
Property maintenance — See Ch. 191.
Streets and sidewalks — See Ch. 224.
[Adopted 12-20-1989 by Ord. No. 89-05]
This article shall be known as the "Solid Waste Ordinance."
As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL WASTE
All manure and other nonhazardous waste matter normally accumulated in or about a stable, or any animal, livestock or poultry enclosure, as the 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.
BULK WASTE PICKUP
Bulk waste pickup shall be limited to six of the bulk waste items listed above, each of which items shall be easily handled by two adult persons.
CONSTRUCTION DEBRIS
Customary, nonhazardous waste building materials resulting from construction, remodeling, repair or demolition operations.
DISPOSAL
The transportation of waste to an incinerator, sanitary landfill, resource recovery facility or other lawful site, and making final disposition.
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.
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 generated within a single-family residential unit located within the Township.
SINGLE-FAMILY RESIDENTIAL UNIT
A building within the Township occupied exclusively as a residence for only one family.
A. 
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, bagged or contained as follows:
(a) 
Two containers not larger than 20 gallons each in size, nor more than 70 pounds in total weight.
(b) 
One securely tied bundle of material not exceeding three feet in length and three feet in diameter, not more than 35 pounds in weight.
(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 by thorough 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 5:30 a.m. on days designated by the Township for collection. "Curbside" refers to that portion of right-of-way adjacent to Township roads or approved private 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) 
It shall be unlawful to place or dispose of refuse or garbage as provided for in this article unless the same is contained and collected as provided for in Subsection A(1) through (6).
(8) 
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.
(9) 
Containers shall be removed from the curb within 12 hours of pickup.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Bulk waste. The Board of Supervisors may designate up to two bulk collections per year. On this day, the Township's licensed collector shall provide a bulk waste pickup as defined by this article.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Collection fees.
(1) 
The East Brandywine 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 as established by the Supervisors shall be billed in January of each year and shall be paid as provided in Subsection C(3) of this section, except that persons may elect to pay such fee in two installments, in which case an administrative charge shall be paid with the first installment in an amount of 10% of the total collection fee. The second installment shall be paid on or before June 15 of each year.
(3) 
Collection fees shall be subject to a 10% penalty if not paid within 30 days after they are due. If not 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 may be liened against the property at which service was received and collected in accord with the Municipal Lien Law[3] or other legal proceedings.
[3]
Editor's Note: The Municipal Claims and Liens Act is codified as 53 P.S. § 7101 et seq.
A. 
Storage and collection.
(1) 
Every owner of a commercial or industrial establishment or of multifamily residential dwellings or any premises other than a single-family residential dwelling shall provide for the storage and collection of refuse as provided for in this section.
(2) 
The premises as defined in Subsection A(1) above shall have proper refuse containers which shall be made of durable, watertight, rust-resistant material having a close-fitted 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, or 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 disinfecting as often as is necessary in order to prevent odor and accumulation of residue.
(7) 
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.
(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.
A. 
It shall be unlawful to dump, burn, bury, destroy, process or otherwise dispose of any refuse within the boundaries of the Township of East Brandywine except in accordance with this article and the Pennsylvania Department of Environmental Protection and consistent and in compliance with the Chester County Solid Waste Management Plan, as from time to time amended.
B. 
Untreated agricultural wastes may, however, be spread in thin layers and plowed under in conformity with sound and lawful agricultural practices.
C. 
Leaves, trees and other vegetation wastes may not be burned in the Township of East Brandywine except with specific written prior approval of the Fire Marshal of East Brandywine Township.
D. 
Individuals may operate lawful and safe leaf-composting facilities. Only shrubbery, tree trimmings, leaves, garden residues and other similar vegetative material which have been adequately shredded or chipped may be brought to or received by a leaf-composting facility.
A. 
Only a person licensed by East Brandywine Township may collect refuse within East Brandywine Township.
B. 
A license shall be valid for one year and may be renewed upon application and approval.
C. 
Application for a license shall be made on a form prescribed by the municipality and submitted at the Township office, accompanied by the licensing fee established by the Board of Supervisors of East Brandywine Township in the Fee Schedule.[1]
[1]
Editor's Note: Current Fee Schedule is on file in the Township offices.
D. 
Licenses are not transferable from one collector to another, or from one vehicle to another.
E. 
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.
F. 
Applicants for an East Brandywine Township Refuse Collection permit must furnish the following information:
(1) 
The makes, models, license plate 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 municipality who receive collection service.
(3) 
A certificate of workers' compensation insurance as required by law.
(4) 
A certificate of insurance coverage evidencing liability insurance: general public liability insurance (nonautomotive) for bodily injury and property damage in the amount of $500,000 per occurrence, but with aggregate limit of $1,000,000; automotive liability insurance for bodily injury and property damage in the amount of $500,000; and umbrella excess liability coverage in the amount 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 persons or property arising from the collection of refuse. Further, the collector shall name the Township as co-insured on the aforesaid policies and supply said Township with a copy thereof.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The PA 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.
G. 
All vehicles licensed for the collection or transportation of refuse in East Brandywine 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 extinguisher; 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 to 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.
H. 
Failure of a licensed collector to comply with the provisions of this article shall result in the revocation of the license.
I. 
In the event of conflict between the provisions of this section and the provisions of any contract which the Township might let for refuse collection, such contract provisions shall prevail and be applicable to all collectors to be licensed pursuant to this article.
Every person producing waste, refuse, garbage or like material as referred to in this article, or being responsible for the existence or disposal of such material, or for whom such material, or being the owner of the premises on which such material is in existence or is produced, or which accumulations require removal, shall be responsible to pay the fees and other charges provided for herein, and shall be the proper subject of the enforcement procedures as provided for herein.
A. 
Any person who shall violate any provision of this article shall, upon conviction by a Magisterial District Judge, be subject to civil enforcement and sentenced to pay a fine not less than $50 and not exceeding $600 for each violation, plus the costs, fees and attorney's fees assessed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Each day's continuance of a violation of this article shall constitute a separate offense.
C. 
The Township may enforce the terms of this article by appropriate proceedings in law or equity.
[Adopted 11-20-1991 by Ord. No. 91-01]
This article shall be known as the "Recycling Ordinance."
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty containers made and fabricated of aluminum and most commonly used as beverage and food containers.
BIMETAL CONTAINERS
Empty food or beverage containers made from two metals; usually consisting of ferrous sides and bottom and an aluminum top.
COMMERCIAL AND INDUSTRIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes.
COMMUNITY ACTIVITIES
Any event sponsored or organized within a mandated municipality by a public or nonprofit organization for recreational, educational or civic purposes, which will be attended by 200 or more individuals per day.
[Added 3-18-1992]
CORRUGATED PAPER
Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty food or beverage containers made primarily from steel or tin.
GLASS CONTAINERS
Products made from silica or sand, soda ash and limestone, the product being transparent, translucent, or colored, and being used for packaging or bottling of various matter or liquid; commonly known as glass, specifically including clear, green or brown glass and specifically excluding non-container glass, plate glass, blue glass and porcelain or ceramic products.
HIGH-GRADE OFFICE PAPER
Any bond, copier, letterhead or mimeograph paper typically sold as "white ledger" or "ledger" paper; and computer paper.
INSTITUTIONAL ESTABLISHMENT
See the definition of "institution" in § 399-9 of Chapter 399, Zoning, of the Land Use Code of the Township of East Brandywine, as amended.
LEAF WASTE
Leaves and garden wastes, excluding shrubbery and tree trimmings, grass clippings, and agricultural wastes.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals, often printed on paper with a shiny or wax-coated surface.
MULTIFAMILY RESIDENTIAL ESTABLISHMENTS
Those properties used for multifamily residential buildings containing three or more dwelling units.
MUNICIPAL ESTABLISHMENT
Those properties used for East Brandywine Township offices or facilities.
NEWSPAPERS
Paper of the type commonly referred to and known as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest; expressly excluded, however, are newspapers which have been soiled.
PERSON
See the definition of "person" in § 218-2 of Article I, Solid Waste Collection and Disposal, of this chapter.
PLASTIC CONTAINERS
Empty containers made and fabricated of plastics labeled with the plastics recycling logo 1 and 2 and most commonly used as beverage and food containers. Due to the large variety of types of plastics, Township recycling regulations, which may be promulgated from time to time, may further stipulate specific types of plastics which may be recycled.
RECYCLABLE MATERIALS/RECYCLABLES
Materials having an economic value in the secondary materials market. As defined in this article, those materials specified by the Township for collection in accordance with this article and recycling regulations which may be promulgated from time to time. Such materials include aluminum cans, newspapers, plastic containers with the plastics recycling logo 1 and 2, and green, brown and clear glass containers. For commercial, industrial, institutional and municipal establishments, this list shall include corrugated paper and high-grade office paper. The list of recyclable materials may be changed from time to time by the Township.
RESIDENCE
Any occupied single-family detached or two-family dwelling from which a municipal or private hauler collects solid waste.
SOLID WASTE
All refuse (garbage and rubbish) and other discarded solid material normally collected by municipal or private haulers.
There is hereby established a program for the mandatory separation and collection of recyclable materials from solid waste by all persons within the Township of East Brandywine. Collection of the materials to be recycled shall be made periodically by the Township or its designated agent for recycling purposes. This article is ordained pursuant to the requirements of Act 101, The Municipal Waste Planning, Recycling and Waste Reduction Act.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
Public notice shall be given at least 30 days prior to the initiation of the Township's Curbside Recycling Program.
B. 
In addition, and pursuant to Act 101, Section 1501(d),[1] the Township will provide periodic public notice of the programs' components and requirements every six months after the effective date of this article. Such notice may take the form of a leaflet, be included as a notice in the Township's newsletter, be advertised in a local newspaper, or take any other form deemed appropriate by the Township to notify residents, businesses, and institutions of the requirements of the recycling program.
[1]
Editor's Note: See 53 P.S. § 4000.1501(d).
The Township may establish and promulgate, from time to time, rules and regulations relating to the separation, preparation, placement and collection of recyclable materials and any other matters required to implement this article, provided, however, such rules and regulations shall be approved by the Board of Supervisors. The Township may change, modify, repeal or amend any portion of said rules and regulations at any time.
Recyclable materials shall be placed at the curb, or other designated areas as approved by the Township, separate from solid waste for collection at such times and dates as may be hereinafter established by regulation. Regulations regarding commercial, industrial, multi-family, institutional and municipal establishments shall be established pursuant to this article and in accordance with Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
From the time of placement of recyclable materials at the curb or other approved areas for collection by the Township or its designated agent, pursuant to this article and any rules and regulations adopted hereunder, the recyclable materials shall become the property of the Township or its authorized agent, except as otherwise provided by § 218-17 of this article.
It shall be a violation of this article for any person, unauthorized by the Township, to collect or pick up or cause to be collected or picked up any recyclable material placed at the curb or other approved areas for collection by the Township or its designated agent. Each and every such unauthorized collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate or sell recyclable materials to another person provided the materials are either delivered to the person receiving the materials or the person receiving the materials collects the donated or sold materials.
A. 
Any action by any person which violates or does not comply with the provisions of this article or regulations thereof shall receive an official written warning of noncompliance for the first offense. Convictions for second and subsequent offenses shall be punishable by fines not to exceed $600, plus costs of prosecution for each offense. The above offenses and fines shall not be applicable to a first or subsequent conviction for § 219-16 hereof which shall be punishable by a fine not to exceed $600, plus costs of prosecution for each offense. No enforcement of §§ 218-11 and 218-14 of this article shall be made until three months from the effective date of regulations authorized to be promulgated hereunder.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The Township or its designated agent reserves the right not to collect municipal solid waste containing recyclable materials in combination with nonrecyclable materials.
The Township may enter into agreements with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside or other approved areas. In the event the Township enters into such agreements, the agency or firm authorized to collect such recyclables shall submit to the Township on a quarterly basis a report of the total tons of material recycled. Until or unless the entry into such an agreement, this article shall not be in effect.
Recycling operations for which contracts were executed prior to the effective date of this article need not conform to the requirements of this article and any rules and regulations pursuant thereto. New contracts or contract renewals executed after the effective date of this article are required to be consistent with the requirements of this article and the rules and regulations pursuant thereto.