Township of West Manchester, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 8-16-1990 by Ord. No. 90-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 55.
Outdoor burning — See Ch. 63.
Refuse collection — See Ch. 100.
[1]
Editor's Note: The introduction to this ordinance provided as follows: "Whereas, the Act of July 28, 1988, No. 101, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act', provides that each municipality of the commonwealth shall have the power and duty to adopt and implement programs for the collection and recycling of municipal waste or source-separated recyclable materials; "Whereas, conservation of recyclable materials has become an important public concern because of the growing problem of solid waste disposal and its impact on our environment; and "Whereas, the adoption and implementation of recycling will affect the conservation of natural resources, the protection of the right of people to clean air, pure water and the preservation of the environment; "Now, therefore, be it ordained, and it is hereby ordained by the Board of Supervisors of West Manchester Township as follows:"
The short title of this chapter shall be the "West Manchester Township Recycling Ordinance," and the same may be cited in that manner.
The following words, terms and phrases shall have ascribed to them the meanings herein set forth, unless the use of such word, term or phrase in context clearly indicates a different meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by the Township to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
COMMINGLED
Source-separated, nonputrescible recyclable materials that have been mixed at the source of generation, i.e., placed in the same container.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by a municipality, or conducted within a municipality 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.
[Added 12-17-2015 by Ord. No. 2015-07]
CORRUGATED PAPER OR CARDBOARD
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Township and other governmental and quasi-governmental authorities.
NEWSPAPERS
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 glossy advertising inserts often included with "newspapers."
PERSON
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, public or private school or educational facility, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, penalty or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
PRIVATE RECYCLING CONTAINER
A private container provided by a resident of West Manchester Township to be used for the express purpose of storing recyclable materials for collection by the Township's recycling collector. A private recycling container shall be constructed of plastic or other rigid material approved by West Manchester Township, shall display a recycling decal or sticker supplied by West Manchester Township, and shall have a maximum capacity of thirty-two (32) gallons.
[Added 5-22-2014 by Ord. No. 14-03]
RECYCLABLE MATERIALS
Materials specified by the Township which are generated by residences and commercial, municipal and institutional establishments and which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. "Recyclable materials" may include but are not necessarily limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newspapers, corrugated paper, leaves, plastics and any other items selected by the Township or specified in future revisions to Act 101. The "recyclable materials" selected by the Township may be revised from time to time by resolution of the Board of Supervisors, as deemed necessary by the Township.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaves, 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 or reusable materials.
RECYCLING CONTAINER
The container provided by the Township of West Manchester for the express purpose of storing recyclable materials for collection by the Township's recycling collector.
RESIDENTIAL DWELLINGS
Any occupied single-or multifamily dwelling for which the Township provides municipal waste collection service.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
TOWNSHIP
West Manchester Township.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Department[2] for beneficial use.
YARD WASTE
Tree trimmings, shrubbery and other organic landscape vegetation, and leaves, but excluding grass clippings.
[Added 7-26-2012 by Res. No. 12-19]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: "Department" refers to the Department of Environmental Resources.
There is hereby established in the Township a mandatory source-separation and collection program for recyclable materials. On and after the effective date of this chapter, each person shall source-separate all recyclable materials and dispose of the same in accordance with the provisions of this chapter. The Township shall designate a schedule and plan for curbside collection of recyclable materials for those persons served by the Township trash collection program.
A. 
Collection of recyclable materials shall be made on a designated day of each week. Collection shall occur in accordance with a schedule of collection of recyclable materials publicly advertised by the Township.
B. 
All persons or residents of the Township within the area serviced by the curbside collection program established pursuant to this chapter shall source-separate all designated recyclable materials and place them at the side of the road fronting their residence in the manner designated by this chapter on the date specified for collection by the schedule published by the Township.
C. 
All persons, except those residents served by the Township curbside collection program, shall institute and maintain a private collection and recycling program in accordance with the terms of this chapter.
D. 
All community activities, commercial establishments and institutional establishments that currently utilize the existing curbside refuse collection program are required to separate all designated recyclable materials. All recyclable materials not collected by the collector designated by the Township shall be recycled by the community activity, commercial establishment or institutional establishment by a private collection and recycling program in accordance with the terms of this chapter. Those community activities, commercial establishments and institutional establishments which contract privately and individually for recycling/refuse collection are required to recycle materials as designated by this chapter. All community activities, commercial establishments or institutional establishments that do not utilize the Township's curbside program are required to provide written documentation as to the type and weight of materials recycled annually. Reports are due to the Township on a form provided by the Township no later than January 31 of each year.
[Amended 12-17-2015 by Ord. No. 2015-07]
E. 
Recyclable materials.
(1) 
Designated recyclable materials for the curbside collection program established pursuant to this chapter shall consist of the following materials:
(a) 
Newspapers.
(b) 
Bimetal cans.
(c) 
Steel cans.
(d) 
Aluminum cans.
(e) 
Clear glass.
(f) 
Brown glass.
(g) 
Green glass.
(h) 
Newspaper inserts.
[Added 11-11-2010 by Res. No. 10-37]
(i) 
Plastic No. 1 through No. 7 containers and bottles with necks smaller than their bases.
[Added 11-11-2010 by Res. No. 10-37]
(j) 
Residential mixed paper, including junk mail, magazines, catalogs, glossies, and office paper of any color.
[Added 11-11-2010 by Res. No. 10-37]
(k) 
Phone books.
[Added 11-11-2010 by Res. No. 10-37]
(l) 
Aseptic cartons (milk, juice, wine boxes, etc.).
[Added 11-11-2010 by Res. No. 10-37; amended 2-25-2016 by Res. No. 16-11]
(m) 
Paper bags.
[Added 11-11-2010 by Res. No. 10-37]
(n) 
Cardboard.
[Added 11-11-2010 by Res. No. 10-37]
(o) 
Yard waste. Yard waste shall be collected separately from other designated recyclable materials pursuant to a schedule established by West Manchester Township and shall be transported to an approved composting facility.
[Added 7-26-2012 by Res. No. 12-19]
(2) 
Recyclable materials may be added to the above list by resolution of the Board of Supervisors of West Manchester Township.
(3) 
These materials shall be required to be source-separated in a commingled container provided by the Township for collection by the collector designated by the Township.
All recyclable materials placed at the curbside by residents for collection pursuant to the curbside collection program established by this chapter shall be prepared for collection in accordance with the following:
A. 
All newsprint shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.
B. 
Glass containers shall have caps and lids removed.
C. 
Glass and cans shall be rinsed free of contaminants.
D. 
Glass and cans shall be placed in a commingled container to be provided by the Township. Plastic garbage bags or other home-use containers shall not be utilized as containers for recyclable materials. Only containers designated by the Township shall be utilized for recyclable material collection.
E. 
No material shall be placed at the roadside earlier than 5:00 p.m. the evening of the day preceding a scheduled collection day. The bundled newsprint and the commingled containers of glass and cans shall be placed at the curbside for collection adjacent to one another and clearly separated from containers of solid waste.
F. 
All garbage (not including recyclable materials) must be placed in a watertight container or plastic bag before being set at the curbside.
G. 
If recyclable materials are not properly prepared or trash is not in the proper watertight containers or plastic bags, they may be refused and left at the curbside.
There is hereby established a leaf recycling facility (the "facility") for the processing of leaves. The facility shall be utilized only by West Manchester Township for its leaf collection program and shall not be a public facility.
A. 
Upon establishment and operation of the leaf recycling facility, each person shall cause to be delivered to the facility all leaves to be disposed of by that person.
B. 
All persons who gather leaves and who are served by the Township program for collection of leaves shall separate all leaves and place them for collection at the times and in the manner heretofore or hereafter prescribed by the Township.
C. 
Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
D. 
Leaves shall be recycled pursuant to this chapter and shall not be disposed of by any person through the Township curbside collection program for the collection of solid waste.
[Amended 12-17-2015 by Ord. No. 2015-07]
A. 
All persons within the Township who are not residents of single-family dwellings and who are not served by the curbside collection program established pursuant to this chapter shall source-separate and arrange for the collection for recycling of all designated recyclable materials.
B. 
Designated recyclable materials for the mandatory community activities, commercial and institutional source-separation program shall consist of the following materials:
(1) 
High-grade office paper, which shall include paper items generated by offices and/or commercial entities. This may include white computer paper, white copier paper, white typing paper, white letterhead paper, white notepad paper and other similar office paper.
(2) 
Cardboard.
(3) 
Glass containers, aluminum cans and bimetallic containers.
(4) 
Newspapers.
(5) 
Other recyclable materials as designated by resolution of the Township, upon 30 days' notice of designation by publication of notice in a newspaper of general circulation within the Township.
C. 
The arrangement for collection of designated recyclable materials for disposition hereunder shall be the responsibility of the person who generates the recyclable materials ("generator") or the person contractually obligated to the generator to arrange for collection and disposal of its solid waste. Said arrangements may include, without limitation, direct marketing of recyclable materials, delivery to a dropoff, contracts with solid waste collector/haulers for separate collection of any or all designated recyclable materials, contracts with other persons for separate collection of any or all designated recyclable materials or direct delivery to the designated site(s).
D. 
Reporting requirements. For the purpose of reporting as required by the Commonwealth of Pennsylvania, all community activities, commercial or institutional establishments must report amounts and types of recyclable materials to the Township annually or as often as deemed necessary by the Township. Reports for the preceding year shall be due to the Township by January 31 each year.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 99-10 of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
[Amended 12-17-2015 by Ord. No. 2015-07]
It shall be a violation of this chapter for any person, firm or corporation, other than the Township or an authorized collector, to collect recyclable materials placed by community activities, residents or commercial, municipal or institutional establishments for collection by the Township or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. Unauthorized collection from one or more community activities, residences or commercial, municipal or institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
[Amended 12-17-2015 by Ord. No. 2015-07]
Any community activity, residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit, or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a community activity, residence or commercial, municipal or institutional establishment without prior written permission to make such a collection from the Township.
[Amended 5-22-2014 by Ord. No. 14-03]
A. 
All recycling containers supplied by West Manchester Township are owned by the Township and are provided to residents to use for the recycling of designated materials. The container is to be left at each house or business upon vacating the premises and shall remain the property of the Township.
B. 
Lost, stolen or otherwise misplaced or damaged recycling containers may be replaced by the resident at the cost to the Township of such containers, or a resident may use a private recycling container as provided in Subsection D of this section.
C. 
The Township may supply recycling containers to all new participants in the Township curbside recycling program, or a resident may use a private recycling container as provided in Subsection D of this section.
D. 
Beginning June 1, 2014, and thereafter, a resident may use a private recycling container to store recyclable materials for collection by the Township's recycling collector.
A. 
It shall be unlawful for:
(1) 
Any person other than the designated collector to collect any designated recyclable material.
(2) 
Any person to violate or to cause or to assist in the violation of any provision of this chapter or any provision of Act 101.
(3) 
Any person to hinder, to obstruct, to prevent or to interfere with the Township or its personnel or designated collector in the performance of any duty under this chapter or in the enforcement of this chapter.
(4) 
Any person to use recycling containers except for the separation and collection of recyclable materials.
B. 
All unlawful conduct set forth in Subsection A shall constitute a public nuisance.
The Township or the designated collector collecting solid waste generated within the Township may refuse to collect solid waste from any person who has failed to source-separate recyclable materials.
[Amended 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.