This article shall be known and may be cited as the "Tredyffrin
Township Municipal Waste and Recyclable Material Collection Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The statewide recycling requirement in Pennsylvania known
as the Municipal Waste Planning, Recycling and Waste Reduction Act
of 1988.[1]
Person registered and authorized by Tredyffrin Township to
collect, remove, transport, and dispose of municipal waste, recyclable
materials, and/or leaf waste for owners or occupants of single-family
residential establishments, multifamily residential establishments,
commercial establishments, institutional establishments, and municipal
establishments in Tredyffrin Township.
The Chester County Act 101, Municipal Waste Management Plan,
adopted by the Chester County Board of Commissioners on September
25, 1990, and approved by the Pennsylvania Department of Environmental
Resources, and which may be amended from time to time.
A building or buildings used or designed for use for commercial
purposes, including wholesale, retail, industrial, manufacturing,
transportation, financial or professional services, offices, businesses,
or other commercial activities.
The placement of recyclable materials at the curbline or
other location adjacent to Township streets and roads as established
by the Township and/or authorized collector. Recycling containers
shall not be placed on the paved portion of a roadway or sidewalk
or otherwise obstruct the flow or vision of motorists or pedestrians
traveling on adjacent roads, streets, or sidewalks.
A state-permitted facility which processes or acts upon municipal
waste, recyclable materials, and/or leaf waste so as to dispose of
the material, such as a composting facility, an incinerator, a resource
recovery plant, a recycling processing facility, a waste-to-energy
facility, or a sanitary landfill.
Of or pertaining to any establishment engaged in service
to persons, but not limited to hospitals, nursing homes, orphanages,
schools, universities, churches and social or fraternal societies
and organizations.
Leaves, garden residues, tree limbs and similar materials,
but not including grass clippings.
Of or pertaining to any office or other property under the
control of any branch or arm of the Federal Government of the United
States of America, the Commonwealth of Pennsylvania, or any political
subdivision of the Commonwealth of Pennsylvania including, but not
limited to, the Township of Tredyffrin, any counties, cities, townships,
and municipal authorities.
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 residual or hazardous
waste in the Solid Waste Management 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.
A container designated by the property owner or resident
for the storage of municipal waste. A container may be provided by
the property owner, resident or tenant, or the authorized collector
collecting municipal waste. A container must be durable, watertight,
and be at least thirty-gallons in size.
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 Tredyffrin Township for collection
in accordance with this article and recycling regulations that may
be promulgated from time to time for separation, collection, processing,
and recovery as part of a recycling program. These materials may include
aluminum containers, bi-metal containers, cardboard, glass, leaf waste,
magazines, mixed paper, newspaper, office paper, and plastic.
A container designated by the property owner or resident
for the storage of recyclable materials. A recycling container may
be provided by the property owner, resident or tenant, or the authorized
collector collecting recyclable materials. A container must be durable,
and be at least 30-gallons in size with a label indicating the container
is for recyclable materials.
Any person which owns, leases or occupies a property located
in Tredyffrin Township used as a residence.
The separation of recyclable materials from municipal waste
at the points of origin for the purpose of recycling.
The governmental jurisdiction and legal entity of Tredyffrin,
Pennsylvania.
An ordinance by the Chester County Board of Commissioners
Municipal Waste Management Plan, which provides inter alia municipal
waste generated within the County.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
It shall be unlawful for any person to collect, remove and/or
transport municipal waste, recyclable materials, and/or leaf waste
within Tredyffrin Township without first registering with the Tredyffrin
Township Manager. This includes contractors, companies, organizations,
or other entities that perform landscaping or other yard services
to persons in the Township and transport leaf waste off the property
where it was generated. Exceptions are made for residents who directly
deliver (self-haul) their municipal waste, recyclable materials and/or
leaf waste to a disposal facility.
A.
All persons wishing to collect, remove, and/or transport municipal
waste, recyclable materials, and/or leaf waste within the Township
must annually register and receive authorization from the Tredyffrin
Township Manager to provide collection, removal, and transportation
services to residential, commercial, institutional, and municipal
establishments. Authorized collectors may collect, remove, or transport
municipal waste, recyclable materials, and/or leaf waste within the
Township for one year from the date of authorization or until January
31 of the next calendar year, whichever is earlier. Authorized collector
must remain in full compliance with the requirements of this article,
and any regulations enacted pursuant thereto during the authorized
collection period. Authorized collectors must renew their registration
with the Township annually no later than January 31 of each year in
order to continue collecting, removing, and/or transporting municipal
waste, recyclable materials, and/or leaf waste in the Township for
the subsequent year. Any person whose registration is received and
approved by the Tredyffrin Township Manager shall have the privilege
of collecting, removing, and/or transporting municipal waste, recyclable
materials, and/or leaf waste within the boundaries of Tredyffrin Township.
Collector authorizations are not transferable.
B.
At the time of registration to become an authorized collector, the
person shall provide the following information on a form prepared
by the Township.
(1)
The business name, contact person name, business address, telephone
number, email address, and twenty-four-hour emergency telephone number
to receive calls from persons in the Township receiving collection
service.
(2)
The make, model, year, and registration number of each truck or vehicle
used to collect, remove, and/or transport municipal waste, recyclable
materials, and/or leaf waste in Tredyffrin Township.
(3)
A certificate of the person's workmen's compensation insurance, as
required by law.
(4)
A certificate of insurance coverage providing complete third-party
public liability for both bodily injury and property damage, owner's
and person's protective insurance and automobile insurance with respect
to personal injuries and property damage. Such insurance shall be
in amounts that shall be from time to time set forth by the Township
by regulations adopted hereunder. Each and every policy of insurance
herein mentioned which is required pursuant to the terms of this article
shall carry with it an endorsement to the effect that the insurance
carrier will convey to Tredyffrin Township, by certified mail, written
notice of any modifications, alterations or cancellation of any such
policy or policies or the terms thereof. The above-mentioned written
notice shall be mailed to Tredyffrin Township at least 10 days prior
to the effective date of any such modification, alteration or cancellation.
(5)
Current rate schedule, intended areas of operation in the Township,
by street, the terms of service, and the scheduled days of collection
in different areas of the Township.
(6)
The name of the disposal facility, in compliance with the Chester
County Waste Management Plan and Waste Flow Control Ordinance, where
municipal waste will be taken for disposal.
(7)
The processing and/or marketing facilities where the recyclable materials
will be taken.
(8)
The state-permitted composting site where leaf waste will be taken
for composting.
(9)
Annual quantities of municipal waste, recyclable materials, and leaf
waste collected from single-family residential establishments in the
Township if the person collected municipal waste, recyclable materials,
and/or leaf waste in the Township at any point in the preceding year.
Recyclable material quantities must be reported by material type.
(10)
Such other information as the Township, in furtherance of this
article, shall deem appropriate and necessary.
(11)
At the time of application, the municipal waste collector shall
pay to the Township a sum as provided for in a schedule of fees as
adopted by resolution of the Board of Supervisors.
C.
Upon receipt and review of this information, the Township will issue
an authorization letter to persons who have satisfied all the requirements
of the Township's registration program. This authorization letter
will establish the person as an authorized collector.
A.
As a condition to the approval of an authorized collector's registration,
the authorized collector shall comply with the following:
(1)
Services required. Provide separate collection, removal, and transportation
services for municipal waste, recyclable materials, and leaf waste
from persons in the Township with whom the authorized collector provides
services at frequencies specified in the Tredyffrin Township Recycling
Ordinance.
(2)
Collection equipment and transportation vehicles. The collection
equipment and transportation vehicles used for the collection, removal,
and transportation of municipal waste shall be of the closed metal
body type with an automatic compactor unit. Other type vehicles may
be used only for the collection of recyclable materials and leaf waste.
The recyclable materials and leaf waste collected shall be enclosed
or covered so as to prevent roadside littering, attraction of vermin,
or creation of other nuisances. The equipment and vehicles shall be
at all times in good and proper mechanical condition and in compliance
with the minimum safety and sanitary regulations and statutes of the
Commonwealth of Pennsylvania. All such vehicles shall be specifically
designed to prevent leakage of any liquids or fluids.
(3)
Establish preparation procedures. Authorized collectors must establish
procedures for the separation, storage, and collection of municipal
waste, recyclable materials, and leaf waste. The Township and persons
serviced must be given adequate notification of these instructions.
(4)
Notification of violations. Authorized collectors shall notify persons
they service if violations to this article and the Tredyffrin Township
Recycling Ordinance are observed. Notifications shall be on a form
provided by the Township. Authorized collector shall provide the Township
with a list of the addresses or names of customers receiving a notification
at the end of each collection day.
(5)
Authorization to provide services. At all times while in the process
of collecting, removing, and/or transporting municipal waste, recyclable
materials, and/or leaf waste in the Township, a copy of the current,
unexpired authorized collector's authorization letter issued by the
Township shall be available in each collection vehicle. The driver
of the vehicle shall produce the document on request by a Township
Code Enforcement Officer or his/her designee or to any police officer
of the Township.
A.
The Tredyffrin Township Manager shall have the right to refuse to
approve or authorize a registration to any authorized collector or
person or to revoke or suspend previously approved authorizations
or refuse to renew the same if said person or authorized collector
submits incomplete or false information to the Township or fails to
comply with the Township's collector registration requirements, any
provision of this article or any regulation adopted hereunder, Act
101, the Chester County Waste Management Plan or Waste Flow Control
Ordinance, or any other applicable federal, state, or local regulations.
B.
Refusal to grant registration authorization or suspension or revocation
of an authorized collector's registration shall be made in writing
by the Tredyffrin Township Manager. The written notification shall
indicate the reason for the refusal, suspension, or revocation of
the registration.
A.
It shall be unlawful and a violation of this article, and grounds
for the suspension or revocation of an authorization, for any authorized
collector to:
(1)
Collect or transport municipal waste from persons failing to source-separate
recyclable materials and leaf waste from municipal waste.
(2)
Commingle or mix source-separated recyclable materials or leaf waste
collected in the Township with municipal waste.
(3)
Fail to provide for the proper disposal of any municipal waste, recyclable
materials, or leaf waste collected or transported within the Township
at a disposal facility.
(4)
Commence the collection of municipal waste, recyclable materials,
and leaf waste for any property in the Township prior to 6:00 a.m.
or after 8:00 p.m.
(5)
Load or operate any vehicle within the Township or transport municipal
waste, recyclable materials, and/or leaf waste within the Township
in such a manner as to allow municipal waste, recyclable materials,
and/or leaf waste to fall upon public roads or upon land abutting
the public roads in the Township.
(6)
Fail to replace the containers with their lids or covers in place
at the location of collection in an orderly manner and off roads,
streets, and/or sidewalks.
(7)
Otherwise create a public nuisance.
The collection of municipal waste, recyclable materials, and/or
leaf waste by authorized collector shall be made in compliance with
this article or any other regulations adopted by the Board of Supervisors
of Tredyffrin 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. Said rules
and regulations may be amended, modified or repealed by resolution
of the Board of Supervisors.
The collection of municipal waste, recyclable materials, and/or
leaf waste by authorized collector shall be made in compliance with
this article or any other regulations adopted by the Board of Supervisors
of Tredyffrin 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. Said rules
and regulations may be amended, modified or repealed by resolution
of the Board of Supervisors.
A.
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.
B.
Injunction. In addition to any other remedy provided in this article,
Tredyffrin 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.
C.
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 otherwise provided at law or equity.
The terms and provisions of this article are to be liberally
construed to best achieve and effectuate the goals and purposes hereof.
This article shall be construed in pari materia with the Pennsylvania
Code of Regulations, Storage, Collection, and Transportation of Municipal
Waste and Act 101, and the rules and regulations adopted thereunder.
