[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Uwchlan 7-15-1991 by Ord. No. 91-04;
amended in its entirety 1-18-2011 by Ord. No. 2011-4. Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Upper Uwchlan Township Municipal
Waste Collection and Recycling Ordinance."
The following terms shall have the following meanings in this
chapter:
The Municipal Waste Planning, Recycling and Waste Reduction
Act adopted by the State of Pennsylvania in 1988.[1]
Refers to used cans comprised of 100% aluminum.
All residue from coal, wood or other fuel consumption (cooled
to ambient temperature).
Hot-water heaters, sofas, tire rims, and other bulk items;
also includes freon-containing bulk items such as refrigerators, freezers,
air conditioners, etc.
Day or day(s) of the week that Upper Uwchlan Township informs
the residents that municipal waste or recyclables are to be picked
up.
All properties for industrial or commercial purposes. For
purposes of this chapter, multiple-dwelling residential buildings
containing more than four dwelling units shall be treated as commercial
properties. This shall include residential units over storefront commercial
business.
Customary, nonhazardous waste building materials resulting
from construction, remodeling, repair or demolition operations.
Any structural paper material with an inner core shaped in
rigid, parallel furrows and ridges.
A facility which processes or acts upon solid waste so as
to dispose of the material, such as a composting facility, an incinerator,
a resource recovery plant, a waste-to-energy facility or a sanitary
landfill.
Refrigerators, freezers, air conditioners, etc.
Empty bottles, jars, and food or beverage containers made
of green, brown or other colored glass.
Any waste which consists in any part of a 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.
Any bond, copier, or letterhead paper typically sold as "white
ledger" paper; and computer paper.
Waste cans purchased by and intended for homeowner use — usually
20 to 96 gallons in capacity. These cans are to be used for the disposal
of residential leaf and yard waste.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery, tree trimmings, grass
clippings and similar material.
Empty food or aerosol cans or beverage containers consisting
of ferrous sides and bottom and an aluminum top.
Newspaper, office paper, bulk mail, magazines, box board,
phone books, paper bags, cardboard and paperback books.
Any facility or building owned or operated by a local government
or county government, local government or county government authority,
state government or agency or federal government or agency.
Those materials specified by Upper Uwchlan Township to be
recycled. The list of items may be amended from time to time and may
include items placed at the curb, left at a drop-off or compost facility,
and separated and collected at institutional and commercial facilities
and community events.
Any garbage, refuse, and other material, including solid,
liquid, semisolid or contained gaseous material, resulting from the
operation of a dwelling unit not meeting the definition of residual
or hazardous waste in the Solid Waste Management Act.[2] The term does not include source separate recyclable materials.
Paper of the type commonly referred to as newsprint and distributed
at stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters
of public interest.
Every natural person, firm, corporation, partnership, association
or institution.
Empty food or beverage containers consisting of plastics
with the recycling symbol (Nos. 1 through 7) on the bottom, excluding
Styrofoam.
Occupied single-family or multifamily dwellings having four
or fewer units per structure. Condominiums, townhouses, and like dwellings
having a separate entrance for each unit onto a public or approved
private street and which have individual facilities for each unit
for municipal waste collection are included in this category.
Those materials which may be processed or prefabricated for
reuse and which are specified by the Township for separation from
the regular solid waste. Such materials may include, but not be limited
to, aluminum products, ferrous containers, metal containers, clean
corrugated cardboard, glass containers, newspapers, magazines and
periodicals, bulk mail, box board, phone books and plastic containers
which must have a recycling symbol of No. 1 through No. 7 on the bottom,
excluding Styrofoam.
Garbage, ashes, trash and rubbish.
The act of comingling all source-separated recyclable materials
in a single recycling container for collection by the Township pursuant
to this chapter. The Township shall have the right to include additional
materials for recycling in a single stream upon notice to the Township
residents.
There is hereby established a program for the mandatory separation
and collection of recyclable materials and leaf and yard waste within
Upper Uwchlan Township, Chester County, Pennsylvania. No person shall
store, collect, transport or dispose of designated recyclable materials
or leaf and yard waste within Upper Uwchlan Township except in accordance
with this chapter. The use of a municipal waste collector will not
relieve any person from compliance with this chapter.
A.
Recyclable materials. All recyclable materials shall be separated
from all municipal waste generated within Upper Uwchlan Township.
When placed at the curb for collection in accordance with the provisions
of this chapter, recyclable materials shall be placed in separate,
reusable containers which clearly identify the contents as recyclables,
or otherwise in accordance with the rules and regulations adopted
hereunder.
B.
Leaf and yard waste. All leaf and yard waste shall be separated from
all municipal waste generated within Upper Uwchlan Township. When
placed at the curb for collection in accordance with the provisions
of this chapter, leaf and yard waste shall be placed in biodegradable
paper bags, homeowner-owned waste cans, or otherwise in accordance
with the rules and regulations adopted hereunder. Any person who otherwise
provides for the proper disposal of leaf and yard waste by composting
shall not be required to comply with the provisions of this subsection.
C.
Residential collection. The collection of recyclable materials from
all residences within the Township shall be made by the municipal
waste contractor at a minimum of once per week. Leaf and yard waste
shall be collected from such residences by the municipal waste contractor
in accordance with the rules and regulations adopted hereunder.
D.
Multifamily rental residential properties. An owner, landlord or
agent of an owner or landlord of multifamily rental housing properties
or homeowners association with four or more units must comply with
their responsibilities under this chapter by establishing a collection
system for recyclable materials at each property and pickup by a licensed
municipal waste collector. The collection system must include 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, and
agents shall annually provide written documentation and certification
to the Township of the total number of tons of materials and the types
of materials recycled. Such owners, landlords, and agents must comply
with the reporting requirements hereunder by requiring their 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 chapter under this subsection shall not be liable
for the noncompliance of occupants of their buildings.
All persons occupying commercial, institutional and municipal
establishments within Upper Uwchlan Township shall separate high-grade
office paper, aluminum, corrugated paper, leaf and yard waste, mixed
paper, glass, steel cans, plastics and such other recyclable materials
as may be changed from time to time by resolution of the Board of
Supervisors of Upper Uwchlan Township, generated at such establishments
and from community activities; store the materials until collection
by a licensed municipal waste collector; and quarterly provide written
documentation and certification to Upper Uwchlan Township of the total
number of tons of materials, and the types of materials recycled.
Such persons may comply with the reporting requirements hereunder
by requiring their municipal waste collector to provide said documentation
and certification directly to the Township. The Recycling Coordinator
or the Code Enforcement Officer has the right to inspect all commercial,
institutional and municipal recycling for compliance with this chapter.
Nothing in this chapter 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 or similar location for collection by the municipal
waste contractor.
From the time of placement of the recyclable materials at the
curb or other designated place for collection by the municipal waste
contractor pursuant to the provisions of this chapter and any rules
and regulations adopted hereunder, the recyclable materials shall
become and be the property of the municipal waste contractor. It shall
be a violation of this chapter for any person not authorized by the
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 the municipal waste contractor pursuant to
the provisions of this chapter. Any and each such unauthorized collection
in violation hereof from one or more properties shall constitute a
separate and distinct offense punishable as hereafter provided in
this chapter.
All municipal waste generated in Upper Uwchlan Township, Chester
County, Pennsylvania, shall be stored, collected, transported and
disposed of in accordance with this chapter. No person shall store,
collect, transport and dispose of municipal waste within Upper Uwchlan
Township except in accordance with this chapter. The use of a municipal
waste collector will not relieve any person from compliance with this
chapter.
A.
All municipal waste generated at a residential property establishment,
as defined herein, throughout the Township shall be collected by the
municipal waste contractor.
(1)
With respect to residential establishments with four or more units,
the owner or homeowners association shall comply by establishing a
collection system at its sole cost and expense. The collection system
must include suitable containers for the sorting and separation of
the recyclable materials in easily accessible locations. The owner
must provide written instructions to the occupants of such units stating
the materials to be recycled, how the materials are to be prepared,
and how to use the collection system. The owner must provide for collection
of the recyclable materials at least twice per month.
(2)
The homeowners association must establish and enforce a collection system for recyclable materials and leaf waste at each residence in accordance with § 148-4, including pick up by the licensed municipal waste collector.
(3)
The homeowners association must quarterly provide written documentation
and certification to the Township of the total number of tons of materials
and the types of materials recycled.
B.
Collection of municipal waste shall be made by the municipal waste
contractor at a minimum of once per week, or at such frequency as
shall be set forth in the rules and regulations adopted hereunder.
C.
When placed at the curb for collection, municipal waste shall be
stored in closed watertight containers. The maximum number of containers
authorized for placement at the curb for each collection day and the
maximum capacity of each container shall be in accordance with the
rules and regulations adopted hereunder.
A.
The fee for collection of municipal waste and recyclable materials
for a residential property as provided for in this chapter shall be
as from time to time established by resolution of the Board of Supervisors
or in accordance with any contract between the Township and a successful
bidder for the collection/hauling/recycling services for residential
properties, as the case may be. Such collection fees, together with
any Township administrative fees to be established from time to time
by the Board of Supervisors, shall be charged directly to the property
owner, who shall promptly pay the same in accordance with the terms
of the statement.
B.
Fees shall be billed annually to the owner of each residence by the
municipality. The bills for regular collection during which the property
is first provided collection services will be prorated on the basis
of the applicable rate. All bills shall be due and payable on their
respective dates.
A.
All collection service charges billed and unpaid on their respective
due dates shall incur a ten-percent penalty on the account balance
served by the Township until paid. All fees not paid within three
months following the month in which the bills were due and payable
shall be deemed to be delinquent and shall be subject to interest
charges in the amount of 1% per month of the unpaid balance thereof
until paid. It shall be the duty of the Township during or after the
third month following the month in which the bills were due and payable
to proceed to collect such delinquent fees, together with penalties,
interest and costs accrued thereon either by action of law or by filing
a lien or liens for the same in the Office of the Prothonotary of
the Court of Common Pleas of Chester County, Pennsylvania, and such
liens, together with penalties, interest and costs accrued thereon
shall be filed and collected in accordance with law. In addition to
the penalties and interest, the delinquent property owner shall be
responsible for payment of all reasonable attorney's fees and court
costs involved in the collection of the delinquent account.
[Amended 5-21-2012 by Ord. No. 2012-02]
(1)
This chapter is adopted pursuant to the Pennsylvania Municipal Lien
Law[1] so that all delinquent fees, penalties and charges thereon,
including reasonable attorney's fees and court costs incurred in the
collection process, may be collected by appropriate legal action,
including a lien against the property or any other manner and by any
other proceeding otherwise provided by law.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
All persons receiving collection services by the municipal waste
contractor shall provide the Township their correct address. Failure
to receive bills will not be considered an excuse for nonpayment nor
permit an extension of the period during which bills are payable at
face value.
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 outside of an enclosed building
in other than closed 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 the scheduled collection and ending at 12:00 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.
E.
No person other than the occupants of the property on which containers
for municipal waste are stored, or the authorized municipal waste
contractor or collector, as the case may be, shall remove the covers
of, or any of the contents of, the containers.
F.
No person shall place, store, collect, transport or dispose of municipal
waste generated at their residence in any container for municipal
waste located at a different property than the residence where the
municipal waste was first generated.
G.
No person shall allow or permit any municipal waste to collect or
remain upon any property. Any unauthorized accumulation of municipal
waste on any property is hereby declared to be a nuisance and is prohibited.
Failure to remove any existing accumulation of municipal waste within
five (5) days after the effective date of this chapter shall be deemed
a violation of this chapter.
H.
No municipal waste or recyclable materials shall be deposited on
highways, streets, alleyways, sidewalks, vacant lots, or public grounds
nor be thrown into any culvert, storm sewer, drainage system, stream
or other body of water.
A.
The approved disposal site where municipal waste will be taken shall
be as provided in the Chester County Solid Waste Management Plan.
B.
The processing, transfer and/or marketing facility where the recyclable
materials will be taken shall be as determined by the Township.
C.
Collection of recyclable materials and leaf and yard waste. Except
as provided herein below, as a condition to issuance and continued
effectiveness of any license, the municipal waste collector shall
establish a program for the collection and transportation of recyclable
materials and leaf and yard waste, which shall at minimum comply with
the following:
(1)
Provide for the collection of separated designated recyclable materials
from each property.
(2)
Establish procedures for the separation, storage and collection of
recyclable materials, and provide persons served adequate notification
of the procedures.
(3)
Provide for the collection of leaf and yard waste as directed by
the Township.
(4)
Establish procedures for the separation, storage and collection of
leaf and yard waste, and provide persons served adequate notification
of the procedures.
(5)
Issue warning notices on forms provided by the Township to persons
failing to comply with procedures for the separation, storage and
collection of recyclable materials and leaf and yard waste, and provide
a copy of any such warning to the Township.
(6)
For residential property collection, provide monthly written documentation
and certification to the Township of the total number of tons of materials,
the types of materials, the place of disposition of materials recycled,
and the number of properties in the Township from which the materials
were collected. For commercial, institutional, or industrial property
collection, provide quarterly written documentation and certification
to the Township of the total number of tons of materials, the types
of materials, the place of disposition of materials recycled, and
the properties/establishments in the Township from which the materials
were collected. Reports shall be filed 15 days following the close
of a calendar quarter.
D.
Prohibitions. It shall be unlawful and a violation of this chapter,
and grounds for the suspension of a municipal waste collector, to:
(1)
Collect or transport any municipal waste, recyclable materials, or
leaf and yard waste from any person failing to source separate said
materials in violation of this chapter and regulations adopted hereunder.
(2)
Collect or transport any municipal waste, recyclable materials, or
leaf and yard waste from any residence served by the municipal waste
contractor in violation of this chapter and regulations adopted hereunder.
(3)
Commingle any designated separated recyclable materials or leaf and
yard waste collected within the Township with any municipal waste.
(4)
Fail to provide for the proper disposition of any municipal waste,
recyclable materials or leaf and yard waste collected or transported
within the Township.
(5)
Commence the collection of municipal waste, recyclable materials,
or leaf and yard waste, from any property within Upper Uwchlan Township
prior to 6:00 a.m.
(6)
Load or operate any vehicle within the Township or transport municipal
waste, recyclable materials or leaf and yard waste within the Township
in such a manner as to allow municipal waste, recyclable materials
or leaf and yard waste to fall upon the public roads or upon land
abutting the public roads in the Township.
(7)
Fail to replace the containers with their lids or covers in place
at the location of collection in an orderly manner.
(8)
Otherwise create a public nuisance.
E.
Collection equipment and transportation vehicles. The collection
equipment and transportation vehicles used for the collection of municipal
waste shall be of the closed metal body type with an automatic compactor
unit. Said vehicle shall have and display a valid Pennsylvania vehicle
registration sticker, and at all times be in good and proper mechanical
condition and in compliance with the minimum safety and sanitary regulations
of the Commonwealth of Pennsylvania. All such vehicles shall be specifically
designed to prevent leakage of any liquids or fluids. Other types
of vehicles may be used only for the collection of recyclable materials,
leaf and yard waste, bulk waste and Christmas trees, provided such
items are separately collected in accordance with other provisions
of this chapter and regulations adopted hereunder. The municipal waste
and recyclables so collected shall be suitably enclosed or covered
so as to prevent roadside littering, attraction of vermin or creation
of other nuisances. The collection equipment and transportation vehicles
shall be kept in a clean and sanitary condition.
A.
The collection of municipal waste and recyclable materials by any
municipal waste collector, including, but not limited to, the municipal
waste contractor, and the preparation for collection of municipal
waste and recyclable materials by persons, property owners and residents
of the Township, shall be made in compliance with the regulations
to be adopted by the Board of Supervisors of Upper Uwchlan Township
to carry out the intent and purpose of this chapter. 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 chapter. Said rules and regulations may be amended,
modified or repealed by resolution of the Board of Supervisors.
B.
The Township has provided to each residential property owner who
qualifies to have municipal waste and recycling collected by or on
behalf of the Township a municipal waste cart and a single-stream
recycling cart which must be utilized for the collection of municipal
waste and recycling. The carts provided to each residential property
that qualifies to have municipal waste and recycling collected by
or on behalf of the Township shall belong to that property and not
the owner or occupier of such property. An owner or occupier of a
residential property in the Township that qualifies to have municipal
waste and recycling collected by or on behalf of the Township shall
not remove the carts provided by the Township from the property upon
sale of the property or relocation from the property. In the event
a cart provided by the Township is lost, stolen or damaged, the owner
of the respective property must replace the same with a cart to be
supplied by the Township. The cost of replacing the cart shall be
borne by the owner of such property and shall be paid at the time
the cart is picked up at the Township building or prior to delivery
to said property.
C.
Municipal solid waste collection is limited to a volume of no more
than 96 gallons per collection day. The weight of each Township-provided
cart or homeowner-owned waste can cannot exceed 60 pounds.
A.
Unlawful conduct; public nuisance. It shall be unlawful and a public
nuisance for any person to violate, or cause or assist in the violation,
of any provision of this chapter, or violate, or cause or assist in
the violation of, any rule, regulation or resolution promulgated by
the Board of Supervisors pursuant to this chapter.
B.
Penalties. Any person who violates any provision of this chapter
or of the regulations adopted hereunder, or any person who engages
in unlawful conduct as defined in this chapter, shall, upon conviction
thereof in a summary proceeding before a Magisterial District Judge,
be sentenced to pay a fine of not more than $1,000 and not less than
$50. Each continuing day of violation of this chapter shall constitute
a separate offense punishable by a like fine or penalty.
C.
Injunction. In addition to any other remedy provided in this chapter,
Upper Uwchlan Township may institute a suit in equity where unlawful
conduct or a public nuisance exists as defined in this chapter for
an injunction to restrain a violator of this chapter or any rules,
regulations or resolution promulgated or issued by the Board of Supervisors
pursuant to this chapter.
D.
Concurrent remedies. The penalties and remedies prescribed by this
chapter shall be deemed concurrent. The existence or exercise of any
remedy shall not prevent the Township from exercising any other remedy
provided by this chapter or by provided at law or equity.
The terms and provisions of this chapter are to be liberally
construed, so as to best achieve and effectuate the goals and purposes
hereof. This chapter shall be construed in pari materia with Act 97,[1] Act 101 and the rules and regulations adopted thereunder.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
