ORDINANCE NO. 144
AN ORDINANCE OF THE TOWNSHIP OF KENNETT, CHESTER COUNTY, PENNSYLVANIA, ESTABLISHING A PROGRAM FOR COLLECTION, STORAGE, TRANSPORTATION, PROCESSING AND DISPOSAL OF MUNICIPAL WASTE AND RECYCLING, INCLUDING MANDATORY SOURCE SEPARATION AND SEPARATE COLLECTION OF DESIGNATED RECYCLABLE MATERIALS; PROVIDING FOR THE REGULATION AND REGISTRATION OF COLLECTORS AND HAULERS; PROHIBITING THE DISPOSAL OF DESIGNATED RECYCLABLE MATERIALS WITH MUNICIPAL WASTE; EMPOWERING KENNETT TOWNSHIP TO ADOPT AND PROMULGATE REASONABLE REGULATIONS THEREOF; FIXING PENALTIES FOR VIOLATION OF THIS ORDINANCE.
TABLE OF
CONTENTS
PART I – GENERAL PAGE
1. Scope............................................................................................... 2
2. Purpose........................................................................................... 3
3. Definitions........................................................................................ 3
4. Dumping/Litter................................................................................. 8
5. Preparation and Storage of Municipal Waste.................................... 9
6. Required Collection and Regulation Thereof...................................... 9
7. Transportation of Municipal Waste................................................... 10
8. Open Burning................................................................................... 11
9. Public Litter Baskets........................................................................ 11
10. Collectors to Furnish Name and Address of Property Owners …. 11
11. Leaf Waste and Grass Clippings....................................................... 12
PART II – RECYCLING
12. Separation of Recyclables................................................................ 12
13. Disposal or Placement for Removal of Recyclables – Residential
(Other than Multi-Family Housing Properties)................................... 13
14. Disposal or Placement for Removal of Recyclables – Multi-Family
Housing Properties........................................................................... 13
15. Disposal or Placement for Removal of Recyclables – Commercial,
Municipal and Institutional and Community Activities......................... 14
16. Recycling Reports for Residential and Multi-Family Housing
Properties, Commercial, Municipal and Institutional Establishments
and Community Activities................................................................. 14
17 Collection by Unauthorized Person................................................... 15
18. Presumption of Ownership of Municipal Waste................................. 15
ORDINANCE NO. 144
PART III – COLLECTOR’S DUTIES
19. Authorization of Collectors............................................................... 16
20. Registered Haulers to Provide Recyclable Removal Service for
Residential Properties....................................................................... 20
21. Registered Haulers to Provide Recyclable Removal Service for
Commercial, Municipal and Institutional Establishments and
Properties........................................................................................ 21
22. Registered Haulers Not to Accept Unlawfully Disposed-of
Recyclables...................................................................................... 21
23. Unlawful to Terminate Services of Registered Hauler for Compliance
With this Ordinance.......................................................................... 21
24. Registered Haulers to Provide Bulky Items Removal Service............. 22
25. Complaints....................................................................................... 22
26. Community Oriented Charitable Activities......................................... 22
PART IV – MISCELLANEOUS PROVISIONS
27. Damage, Misuse or Replacement of Recycling Containers................. 22
28. Non-Interference with Existing Contracts.......................................... 23
29. Violation and Penalty........................................................................ 23
30. Severability...................................................................................... 24
31. Repealer.......................................................................................... 24
32. Effective Date.................................................................................. 25
WHEREAS, the
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the
1.
SCOPE
This
Ordinance shall govern and control all aspects of the collection, storage,
transportation, processing, and disposal of municipal waste, and recycling, in
the
ORDINANCE NO. 144
2. PURPOSE
This Ordinance is being enacted in order to establish a program for the collection, storage, transportation, processing and disposal of municipal waste, to implement a recycling program, including mandatory source separation and separate collection of designated recyclable materials, in order to return valuable materials to productive use, to conserve energy, and to protect capacity at municipal waste processing and disposal facilities.
3. DEFINITIONS
As used in this Ordinance, the following terms shall have the meaning indicated:
A. “Agent” – one who performs an act for his immediate family or for another person gratuitously (without any form of monetary or material compensation therefore).
B. “Aluminum Cans” – empty, all-aluminum beverage and food containers.
C. “Applicant” – a person desirous of being licensed as a hauler or of being issued a
recyclable collections permit, as the case may be.
D. “Authorized Collector” – a licensed hauler (as defined herein); or a person who, being so authorized by the terms of this Ordinance, removes municipal waste or recyclables from his own premises, as owner of the building or commercial, municipal or institutional establishment or community activity conducted therein, or as an agent (as defined herein) of another person.
E. “Bi-metallic Cans” – empty food or beverage containers consisting of both steel and aluminum.
F.
“TOWNSHIP” –
G. “Composting” – The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
H. “Composting Facility” – A facility using land for processing of municipal waste by composting.
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J. “Commercial” – of or pertaining to any wholesale, retail, industrial, manufacturing, transportation, or financial or professional service or office enterprise, business, or establishment.
K. “Community Activity” – an activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural, or civic purposes, which may be attended by members of the public, whether or not an entrance or participation fee is charged therefore.
L. “Corrugated Paper” – structural paper material with an inner core shaped in rigid parallel furrows and ridges, of the type normally used to make packaging cartons and boxes.
M. “Curbside Collection” – a method of collection of residentially generated recyclables by which the owners or occupants of certain residential properties may dispose of their recyclables by placing them at curbside, at times designated by licensed authorized collectors, for collection and removal by an authorized collector thereof for delivery to a recycling center.
N. “Disposal” – the incineration, deposition, injection, dumping, spilling, leaking, or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
O. “Disposal Area” – any site, location, area, building, structure, transfer station, or premises to be used for municipal waste disposal.
P. “Garbage” – all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
Q. “Glass Containers” – all empty food and beverage jars or bottles made from silica or sand, soda ash, and limestone, the product being transparent or translucent (either clear, green or brown), excluding, however, blue glass, flat glass, plate, glass commonly known as “window glass”, automotive glass, and ceramic and porcelain products.
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R. “High-Grade Office Paper” – any white paper other than newsprint, magazines, or other chemically coated paper or corrugated paper, of the type commonly used for letter-writing stationery, note paper, plain paper photocopying machines, computer printers, and other general-purpose paper, whether or not any printed or written matter is contained thereon.
S. “Institutional” of or pertaining to any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools, universities, churches, and social or fraternal societies and organizations.
T. “Landlord” – the owner of residential property, or such owner’s authorized agent.
U. “Leaf Waste” – leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
V. “Leaf Composting Facility” – a facility for composting vegetative material, including leaves, garden residue and chipped shrubbery and tree trimmings. The term does not include a facility that is used entirely or partly for composting grass clippings.
W.
“Licensed or Registered Hauler” – a person licensed by or registered with the
X. “Magazines” – printed matter, also known as “periodicals”, containing miscellaneous written prices published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
Y. “Multi-Family Housing Property” – a type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains four or more dwelling units.
Z. “Municipal” – 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 sub-division of the Commonwealth of Pennsylvania including, but not limited to the Township of Kennett, any counties, cities, Townships, and municipal authorities.
ORDINANCE NO. 144
AA. “Municipal Waste” – any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid, or contained gaseous material, resulting from operation of residential, municipal commercial, or institutional establishments and from community activities, and any sludge not meeting the definition of “residual or hazardous waste” as defined in the Pennsylvania Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, waste water treatment plant or air pollution control facility. The term does not include source – separated recyclable materials.
BB. “Newspaper” – paper of the type commonly referred to as “newsprint” and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term “newspaper” expressly excluded magazines, glossy or other chemically coated paper, office paper, and any other paper products of any nature.
CC. “Open Burning” (Fire) – a fire in which any solid waste is burned in the open or in a receptacle other than a furnace or an incinerator permitted by the Pennsylvania Department of Environmental Protection.
DD. “Person” – any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, Federal Government of agency, State institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this Ordinance 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 other legal entity having officers and directors.
EE. “Plastic Containers” – empty plastic food and beverage containers, the specific types of which are PET (soft drink bottles) and HDPE (milk and water jugs, detergent and shampoo bottles) to be designated by resolution of the Township Council.
FF. “Processing” – any technology used for the purpose of reducing the volume or bulk of municipal waste, or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer stations, composting facilities, and resource recovery facilities.
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GG. “Recyclable Collection Permittee” – a person authorized by the Township, through the issuance of a permit therefore, to collect, transport, and dispose of recyclables exclusively (and not municipal waste) for persons other than himself, his immediate family, or persons for whom he is acting as an agent (as defined herein).
HH. “Recyclables” – Materials designated as recyclable in this Ordinance, or required by the terms of this Ordinance, any Amendment hereto or designated by Resolution of the Township to be kept separate from municipal waste and recycled, including leaf waste.
II. “Recycling” – the collection, separate maintenance, recovery, and sale or reuse of recyclables which would otherwise be disposed of 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 other than a fuel for the operation of energy.
JJ. “Recycling Center” – a facility designed to, and which does, act as a collection center for the processing, storage, and shipment of recyclables. The term specifically excludes transfer stations and landfills for solid waste and composting facilities and resource recovery facilities; and specifically excludes charitable organizations that accept recyclables for collection but do not process such recyclables.
KK. “Residential” – of or pertaining to any dwelling unit used as a place of human habitation and which is not commercial, municipal, institutional, or a community activity. Home occupations incidental to be residential use within a building are considered “residential”.
LL. “Rubbish” – solid waste exclusive of garbage, (e.g. non-recyclable glass, metal, paper or plastic) and non-compostable plant material, wood or nonputrescribe solid waste.
MM. “Steel Cans” – empty food or beverage containers made of steel, tin-coated steel, or other ferrous metal food or beverage containers.
NN. “Storage” – the containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption can only be overcome by clear and convincing evidence to the contrary.
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OO. “Transportation” – the off-site removal of any municipal waste at any time after generation thereof.
PP. “Waste” – a material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separated recyclable materials or material approved by the Commonwealth of Pennsylvania Department of Environmental Resources for beneficial use.
QQ. “Yard Waste Composting Facility” – a facility that is used to compost grass clippings, including a facility that is used to compost leaf waste.
4.
DUMPING/LITTER
It shall be unlawful for any person to store, dump, discard, or deposit, or to permit the storage, dumping, discarding, or depositing of, any municipal waste or recyclables upon the surface of the ground or underground within the Township, except in proper containers for purposes of storage or collection, and except where the waste or recyclables are of such size or shape as not to permit their being placed in such containers. It shall be unlawful for any person to dump or deposit any municipal waste or recyclables in any stream or body of water, or on or near any public or private right-of-way within the Township.
Every owner of property or occupant thereof responsible for such property’s day-to-day operation or maintenance shall pick up and discard in an appropriate receptacle any municipal waste, recyclables, or other debris deposited or accumulated on the sidewalk or gutter in front of or adjacent to such property. All owners or operators of commercial, industrial, institutional and municipal establishments in the Township shall take all reasonable precautions to prevent the deposition and accumulation of debris in front of their premises, and in furtherance of that end, may place appropriate waste containers on the sidewalks in front of or adjacent to their premises at a point which will not create a hazard to traffic or pedestrians. Any such receptacles so placed shall be emptied on a regular basis and maintained in a neat and clean appearance.
Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operations, including composting and spreading of manure or other farm-produced agricultural waste, provided such activities are conducted in accordance with all applicable laws, rules and regulations.
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5. PREPARATION AND STORAGE OF MUNICIPAL WASTE
The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding, or harborage of insects of rodents and to prevent conditions which may create potential hazards to the public health or which may create fire and other safety hazards, odors, unsightliness, or public nuisance.
Any person accumulating or storing municipal waste on private or public property in the Township for any purpose whatsoever shall place the same, or cause the same to be placed, in sanitary closed or covered containers in accordance with the following standards:
A. Containers used for the storage of municipal waste shall be of metal, plastic or fiberglass construction; rust and corrosion resistant, equipped with lids and waterproof.
B. All garbage shall be drained of excess liquids and wrapped in paper or be placed in plastic bags before being placed in the waste storage containers described above, and all ashes shall be free of any burning material before being deposited for collection.
C. No person, except the occupant of the property on which a waste container is placed, an authorized license hauler, and any authorized employees shall remove the lids of the container and/or remove the contents thereof.
D. All hazardous waste, including but not limited to waste of a highly infectious or contagious waste, shall not be stored for ordinary collection, but shall be specially disposed of in accordance with the directions of the Township or of any State or Federal authority having jurisdiction thereof.
E. Bulk containers shall not be permitted to overflow or to have waste strewn or left about them on the ground. A violation of this provision shall be deemed a violation of this Ordinance by the person on whose property the bulk container is located, if it is located on private property.
6.
REQUIRED COLLECTION AND REGULATION THEREOF
All owners of property within the Township shall provide for the regular preparation, for removal of all municipal waste generated at such properties in one of the approved manners set forth herein.
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If a person or establishment (being so authorized by the terms hereof) collects and removes their own municipal waste, they shall do so at a minimum every fourteen (14) days or at shorter intervals, in order to prevent odors, vectors or accumulations of refuse or garbage that are unsafe, un-sightly, or potentially harmful to the public health. Any municipal waste so removed shall be disposed of in accordance with the requirements of this Ordinance.
Every owner or occupant of residential property and every other person who, or establishment which, does not collect and remove their own municipal waste, as aforesaid, shall use the collection service provided by the Township contract haulers or alternative contract with a registered hauler for the regular, scheduled curbside collection and removal of the municipal waste at least once every fourteen (14) days. Municipal waste shall be prepared for collection and be collected and removed from such persons’ or establishments’ properties at least once every fourteen (14) days, except where conditions beyond the control of the registered hauler prevent it.
No person other than a registered hauler shall collect or remove municipal waste from any other person’s property. All agreements for collection, transportation, and disposition of municipal waste other than the collection services provided by Township shall be by private contract between the owner or occupant of the property where the waste is generated and the registered hauler who is to collect such waste.
Nothing contained herein shall be deemed to prohibit any person from hauling municipal waste on an irregular and unscheduled basis to any facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection, provided that such hauling shall be in addition to, and not in place of, the regular removal of municipal waste as required by this section and provided that such is not in violation of any county or other municipal law or regulation.
Nothing in this section shall modify the requirements in this Ordinance pertaining to separation and disposal of recyclables. Nothing in this section shall impair the ability of the Township to provide a system of placement for removal and public collection of leaf waste, or the Township residents to utilize such system of public collection of leaf waste, anything herein contained to the contrary notwithstanding.
7.
TRANSPORTATION OF MUNICIPAL WASTE
Any person transporting municipal waste within the Township shall prevent or remedy any spillage and leakage from vehicles or containers used in the transport of such municipal waste.
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All persons authorized to collect municipal waste shall do so in vehicles that are provided with either closed, covered containers or which have measures taken to prevent leakage and waste from being blown or falling from the vehicle.
The transfer of waste from one collection vehicle to another may not take place in the Township except on private property in those areas of the Township designated for such transfer by the Township. No such transfer may take place on any public right-of-way, and no such transfer operation may block traffic, create litter, or in any other manner constitute a nuisance, create a health hazard, or violate any other ordinance of the Township or provision of statutory law.
8. OPEN BURNING
No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of solid waste or recyclables designated in this Ordinance on any property under his control, except as hereinafter provided, and except as permitted and regulated by Township Ordinance No. 133.
Exceptions to Open Burning Prohibition
a. Open fires may be set in the performance of an official duty of any public officer if the fire is deemed necessary for the prevention of a fire hazard, which cannot be abated otherwise; and for the protection of public health.
b. Limited Burning of Yard Waste – burning of yard waste generated from natural disasters, emergency conditions, or for the prevention and control of disease or pests, that is necessary to protect public health and safety. Such burning will require the approval of the Township Fire Marshal.
c. No open burning shall occur during any fire ban emergency declared pursuant to the provisions of the appropriate Township Ordinance.
9. PUBLIC LITTER BASKETS
The Township is hereby authorized to provide for collection of municipal waste from Township property, to provide public litter baskets on sidewalks in the Township, and to dispose of such waste in either a receptacle of a registered hauler or at designated disposal sites.
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10. COLLECTORS TO FURNISH NAME AND ADDRESS OF PROPERTY OWNERS
Upon direction from the Township, each registered collector shall furnish to the Township, on a form to be provided therefore, the name and address of all owners of properties being serviced by such collector.
11. LEAF WASTE AND GRASS CLIPPINGS
Unless otherwise provided for composting, all persons shall keep leaf and grass clippings separate from each other and from all other forms of municipal waste and separate from recyclables. Such waste shall be set out for collection in a manner to be designated by the Collector and shall be transported by the Collector to a leaf composting facility operating in accordance with Pennsylvania Department of Environmental Protection’s Regulations and Guidelines for Yard Waste Composting Facilities or in the case of grass clippings at an appropriate Composting Facility which has been issued a permit or is otherwise operating in accordance with all rules, regulations and guidelines of the Pennsylvania Department of Environmental Protection. Nothing herein shall require any person to gather leaf waste or grass clippings or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural purposes.
PART II – RECYCLING
12. SEPARATION OF RECYCLABLES
A. Recyclables shall be kept separate from municipal waste, to the extent required by the following provisions:
1. Owners and occupants of all residential properties shall keep separate the following recyclables: clear glass containers, brown glass containers, green glass containers, plastic containers, aluminum cans, and corrugated paper, newspapers and leaf waste.
2. Owners and occupants of all commercial, municipal and institutional establishments and properties and sponsors or organizers of community activities shall keep separate the following recyclables: clear glass containers, brown glass containers, green glass containers, aluminum cans, plastic containers, corrugated paper, newspapers, high grade office paper and leaf waste.
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3. Additionally the Township may by Resolution enumerate additional recyclables which will be required to be separated from municipal waste and collected in accordance with this Ordinance.
B. Corrugated paper shall be placed in easy-to-manage bundles not to exceed fifty (50) pounds and kept dry. Glass containers and aluminum cans shall be emptied and cleaned. Aluminum cans and glass containers may be mixed together and placed in containers supplied by the resident’s trash hauler. High-grade office paper shall be placed in boxes not to exceed fifty (50) pounds. Recyclables shall not be placed in the same garbage can or other container as, or otherwise mixed with, municipal waste for collection, removal or disposal. Recyclables shall not be placed in plastic bags or other disposable bags or containers made of polyethylene or other similar base.
C. Recyclables may be set out for collection in a manner different from the requirements in paragraph 12.B (above) if an alternative manner is designated by the collector.
13.
DISPOSAL OR PLACEMENT FOR REMOVABLES – RESIDENTIAL (OTHER THAN MULTI-FAMILY
HOUSING PROPERTIES)
A. For residential properties other than multi-family housing projects, all recyclables which are required to be kept separate in residential properties pursuant to Section 12.A, above, shall be placed at the appropriate location on the premises to be collected at times designated by the registered hauler or recyclable collection permittee. The frequency of such collection shall not be less than once per month for recyclables and for leaf waste.
B. The recyclables and/or leaf waste are to be collected by a registered hauler.
14. DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES – MULTI-FAMILY HOUSING PROPERTIES
For multi-family housing properties, all recyclables which are required to be kept separate from municipal waste in residential properties pursuant to Section 13.A above, shall either be delivered to a recycling center, or shall be picked up by a recyclable collection permittee or a registered hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection.
ORDINANCE NO. 144
The landlord of every multi-family housing property shall require, by a clause in the lease or other enforceable rule or regulation, that the tenants in such property comply with the requirements of this Ordinance governing separation and disposal or placement for removal of recyclables in multi-family housing properties. Every such landlord shall set up a convenient and practical collection system in such properties for the collection, storage and regular disposal or placement for removal of recyclables generated by the residents of such properties.
The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
Owners, landlords and agents of owners or landlords who comply with the aforementioned requirements relative to multi-family housing properties shall not be liable for the noncompliance of occupants of their building.
15.
DISPOSAL OR PLACEMENT FOR REMOVAL OF RECYCLABLES – COMMERCIAL, MUNICIPAL
AND INSTITUTIONAL AND COMMUNITY ACTIVITIES
All recyclables which are required to be kept separate in commercial, municipal, and institutional establishments and properties and community activities pursuant to Section 12.A, above, shall either be delivered directly to a recycling center, or shall be picked up by a recyclable collection permittee or a registered hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection. Commercial, municipal, and institutional establishments and community activities shall not place recyclables within the public right-of-way for curbside collection, such curbside collection being intended solely for the placement of recyclables generated in residential properties other than multi-family housing properties.
16.
RECYCLING REPORTS FOR RESIDENTIAL AND MULTI-FAMILY HOUSING PROPERTIES,
COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND COMMUNITY ACTIVITIES
A. Every commercial, municipal and institutional establishment and community activity sponsor shall complete a form to be designated “Recycling Report”, to be provided by the Township, which shall indicate where the property’s recyclables were delivered. Such report shall provide information on the type and amount of each material recycled, along with such other information as may be required by Resolution of the Township.
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B. The “Recycling Report” and all weigh slips obtained from the facility or facilities to which the recyclables were delivered shall be submitted quarterly to the Township. For purposes of submitting such weigh slips and Recycling Reports quarterly to the Township, the Collector who removed the recyclables from the property shall be the agent for any person occupying a residential dwelling unit, any landlord, and any operator of a commercial, municipal and institutional establishment or the sponsor of any community activity and shall be responsible for completing and submitting such to the Township. Each such quarterly report shall be submitted on or before the last day of the first month of each quarter, for the preceding quarter. Quarters shall run on a calendar year basis, thus: January through March; April through June; July through September; and October through December.
17.
COLLECTION BY UNAUTHORIZED PERSON
From the time of placement for collection of residentially generated recyclable items for collection in accordance with the terms of this Ordinance, the items shall be and become the property of the Township or its authorized agent. It shall be violation of this Ordinance for any person unauthorized by the Township to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
It shall be unlawful for a person to collect, remove, or dispose of municipal waste which contains recyclables required by that person to be separated.
18.
PRESUMPTION OF OWNERSHIP OF MUNICIPAL WASTE
The presence of any articles containing a person’s name among municipal waste or recyclables shall create a rebuttable presumption, for purposes of this Ordinance, that said municipal waste or recyclables are the property of the person whose name is found therein. This presumption can only be rebutted by clear and convincing evidence to the contrary.
ORDINANCE NO. 144
PART III –
COLLECTOR’S DUTIES
19.
AUTHORIZATION OF COLLECTORS
It shall be unlawful for any person, other than such persons as are duly authorized by the Township, to collect and to transport municipal wastes of any nature or recyclables within or from the Township. Authorization shall be given only as set forth below. Authorization to collect, transport, and dispose of municipal waste or recyclables for persons other than one’s self or for whom one is acting as an agent (as defined in this Ordinance) may be given only by the Township through the issuance of a “Hauler’s Registration” or a “Recyclable Collection Permit”. A person who collects recyclables only shall apply for and obtain a Recyclable Collection Permit. A person who collects municipal waste exclusively or in addition to recyclables shall apply for and obtain a Hauler’s Registration.
All registered haulers and recyclable collection permittees shall have an affirmative duty to follow and conduct themselves in accordance with their current registration or permit, and to service each of their customers in accordance with the requirements of this Ordinance, any failure of which shall be a violation of this Ordinance.
All applications for such registrations or permits shall be evaluated and approved in accordance with the following criteria:
A. Hauler’s Registration:
1. Hauler’s Registration may be issued only to those persons who can comply with the provisions and intent of this Ordinance.
2. Applicants for Hauler’s Registration must furnish the following information on a form to be prescribed and provided therefore by the Township.
a. The name, address, and telephone number of the hauler making application.
b. The vehicle registration number, state of registration, and the make, model and size of each vehicle to be used for collection and hauling.
c. A list of all of the applicant’s current customers in the Township, upon demand made for the same by the Township.
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d. A certificate of the applicant’s insurance coverage certifying the maintenance by the applicant of complete third-party comprehensive and liability insurance covering bodily injury and property damage, the limits of which shall be not less than $500,000/$1,000,000 for bodily injury and $50,000 for property damage.
e. A certificate of the applicant’s Workmen’s Compensation Insurance as required by law.
f. Any and all additional information which the Township may request and deem necessary prior to the issuance of a registration.
3. The Township may deny a Hauler’s Registration for any of the following reasons:
a. If the applicant’s license has previously been revoked or suspended.
b. If the applicant has violated, or is violating any Ordinance of the Township, the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act, or any regulations of the Department of Environmental Protection relating to the environment and to solid waste, or has been convicted of any such violation.
c. If the applicant has any uncollected judgments filed against him resulting from lawsuits filed against him by any customer.
d. Where, in the Township or elsewhere, the applicant has failed to fulfill his duties as a municipal waste collector in general, or in particular has failed to pick up municipal waste in a workmanlike manner or on a regularly scheduled basis.
4. Hauler’s Registration shall be issued on a calendar year basis, but may be revoked at any time by the Township in accordance with the following:
a. Failure of the registrant to furnish and provide collection and disposal of municipal waste and recyclables in accordance with the terms of this Ordinance and the conditions under which the registration was issued.
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b. Administrative Proceedings:
(1) In case of violating or failure to comply with the provisions of this section, the Township shall give the registrant an opportunity for a hearing thereon. Any registrant so entitled to a hearing shall have ten (10) days after notice of his right to a hearing is given to him pursuant to this section within which to request such a hearing in writing. Failure of the registrant to so request a hearing shall be deemed to constitute an admission of the violation with which he is charged and which forms the basis of the revocation of his license. In case the licensee does request a hearing in accordance with this section, a hearing shall be scheduled before the Township and the registrant given ten (10) days’ written notice of the time and place of the hearing at which he may appear and answer the charge.
(2) Upon determination that a violation did occur, the Township may issue a warning or may revoke the registration.
c. The issuance of a Hauler’s Registration under this section does not grant a vested right to any collector to a continued right to haul or collect municipal waste and recyclables in the Township, and the Township reserves the right to contract for municipal waste and recycling services or to initiate the public collection of municipal waste and/or recyclables.
5. Conditions relating to Hauler’s Registrations:
a. Number of Vehicles: Persons receiving a Hauler’s Registration shall not use more vehicles for the collection and hauling of municipal waste and recyclables within the Township than the number of vehicles listed on the application and approved on the registration issued. A registration applies only to the vehicles listed thereon. If required by the Township, the window stickers issued with the license must be affixed only to those vehicles listed on the registration, and may not be transferred to any other vehicle not listed on the license. Any change in the listed vehicles as reported in the application for registration must be reported to the Township at least five (5) days prior to the date such a change will take place except in an emergency, provided the Township is promptly notified thereof.
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The use of a temporary replacement vehicle by reason of the withdrawal of a vehicle from service for scheduled or unscheduled maintenance shall not require modification of the registration, but shall be reported to the Township immediately by the collector.
b. Signs:
(1) If required by the Township, the registrant shall have the window sticker issued for each vehicle with the registration displayed on the vehicle for which it is issued at the time the registration is issued.
(2) The registered hauler shall have placed on the doors or each side of the body of each vehicle the name of the hauler, the telephone number of the hauler’s office or headquarters, and the type of waste being transported therein (or, if recyclables are being transported therein, then such to be indicated). The size of such lettering shall be no less than six (6) inches in height and clearly legible. Vehicles shall be so marked within ten (10) days after the commencement of their use in the Township.
c. The registered hauler shall be responsible for maintaining such vehicle use for collection in the Township in good operating condition to assure that the schedule of collections can be maintained. The vehicles must be kept clean and painted so as to present a favorable appearance. The Township shall have the right to inspect all vehicles prior to the issuance of a registration and during the period the registration is in effect.
d. The registered hauler shall be responsible for the manners in which his employees perform work pertaining to collection, hauling and disposal of municipal waste and recyclables under the terms of this Ordinance.
e. The registered hauler shall comply with the limitations on hours and frequencies of collection set forth in Sections 6, 15, and 25 of this Ordinance.
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f. The registered hauler shall pay all costs charged for the use of any disposal facilities, which he utilizes.
g. The registered hauler shall empty bulk containers (such as dumpsters), which have been provided by them to their customers, when such bulk containers become full.
B. Recyclable Collection Permit:
No person who is not a “registered hauler” as defined in this Ordinance shall collect, transport, or dispose of recyclables for any persons other than himself or for whom he is acting as an agent (as defined in this Ordinance) unless he has applied for and obtained a valid Recyclable Collection Permit authorizing such activity. Applications for such permit shall be made by submission to the Township of a form to be prescribed therefore, completed by the applicant. Recyclable Collection Permits shall be obtained annually and issued on a calendar year basis.
As a condition of issuance of a Recyclable Collection Registration, all recyclable collection registrants shall be required to take all of the recyclable material, which they collect, from their customers to a recycling center.
20.
REGISTERED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR RESIDENTIAL
PROPERTIES
Every hauler, as a precondition to being registered to do business within the Township, shall be required to provide to its residential customers the service of removing recyclables from their properties at the curbside (within the public right-of-way). Any such recyclables so removed by registered haulers shall be kept separate from municipal waste, and shall be taken to a recycling center for the purpose of recycling. Registered haulers shall take all of their customers’ recyclable materials to a recycling center for the purpose of recycling.
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21.
REGISTERED HAULERS TO PROVIDE RECYCLABLE REMOVAL SERVICE FOR
COMMERCIAL, MUNICIPAL AND INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES
Every hauler, as a precondition to being registered to do business within the Township, shall be required to provide to its commercial, municipal, institutional and multi-family housing property customers the service of removing recyclables from their properties. Any such recyclables so removed by registered haulers shall be kept separate from municipal waste and shall be taken to a recycling center for the purpose of recycling. Registered haulers shall take all of their customers’ recyclable materials to a recycling center for the purpose of recycling.
22.
REGISTERED HAULERS NOT TO ACCEPT UNLAWFULLY DISPOSED-OF RECYCLABLES
No registered hauler shall accept, pick up, or remove any bag or other container of municipal waste which the hauler knows, or has reason to believe, contains recyclables required to be separated, combined with municipal waste. Upon discovery of such recyclables combined with municipal waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or sticker to the container containing the recyclables (which tag or sticker will be provided by the Township), retain a duplicate for his records, and deliver a triplicate to the designated office of the Township within 48 hours. When the hauler utilizes and tag or sticker pursuant to this section, he shall fill in the information requested thereon, including the address at which the container is located and the reason which led him to know or believe the container contained recyclables (e.g. he saw newspaper or he heard bottles rattling). The hauler shall leave such container with the tag or sticker placed thereon where he found it.
23.
UNLAWFUL TO TERMINATE SERVICES OF REGISTERED HAULER FOR COMPLIANCE WITH
THIS ORDINANCE
No person shall terminate the services of a registered hauler because of such hauler’s compliance with the requirements set forth in Section 22 above.
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24.
REGISTERED HAULERS TO PROVIDE BULKY ITEMS REMOVAL SERVICE
All registered haulers doing business within the Township shall make available to their customers the service of removal of “bulky items” not less frequently than once per year.
25.
COMPLAINTS
All complaints regarding collection of recyclables or solid waste shall initially be reported to the authorized Collector. Any reasonable complaint shall be given prompt and courteous attention by the authorized Collector. In the case of missed collection, the authorized Collector shall collect from the missed collection site not later than twenty-four (24) hours after the complaint is received. Any complaint which the authorized Collector fails to resolve shall be reported in writing to the Township.
26.
COMMUNITY ORIENTATED CHARITABLE ACTIVITIES
Nothing contained herein shall impair or prohibit any recognized civic, fraternal, charitable or benevolent organization, association or society from undertaking or sponsoring voluntary programs or projects involving the collection of recyclables from the public. Any such collection activity can only occur prior to the recyclable material being placed at curbside or similar location for collection by an authorized Collector. Prior to initiating such activity the organization shall obtain authorization from the Township.
Nothing herein shall be deemed to prohibit any person from donating or selling any recyclables to individuals or organizations unless or until such recyclables are placed at curbside or similar location for collection by an authorized Collector.
27.
DAMAGE, MISUSE OR REPLACEMENT OF RECYCLING CONTAINERS
The Township shall initially provide recycling containers to each person participating in the recycling program. The recycling containers provided by the Township shall remain the property of the Township and shall be used solely for the specific use of storage of designated recyclable materials by participants and for no other purpose.
Each participant shall be responsible for obtaining and maintaining any recycling container required after initial issuance by the Township.
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It shall be a violation of this Ordinance for any person to damage, misappropriate, or use for any purpose other than that set forth above such recycling containers. Each such action in violation hereof shall constitute a separate and distinct defense punishable as hereinafter provided.
28. NON-INTERFERENCE WITH EXISTING CONTRACTS
A. Nothing contained in this Ordinance shall be construed to interfere with or in any way modify the provisions of any existing contracts which are in force in the Township of Kennett on the effective date of this Ordinance.
B. No renewal of any existing contract upon the expiration of the original term thereof and no new contract for the collection, storage, transportation, processing and disposal of recyclables shall be entered into after the effective date of this Ordinance, unless such renewal or such contract shall conform to the requirements of this Ordinance.
29.
VIOLATION AND PENALTY
A. No person shall violate any portion of this Ordinance.
B. Prosecution under this Ordinance shall be instituted by any Township official, and shall be filed in the name of Township of Kennett, Chester County, Pennsylvania.
C. Enforcement shall be by an action brought before a District Justice in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. No. 454(c) (relating to trial in summary cases).
D. Any person violating any of the provisions of this Ordinance shall, upon conviction thereof by any of District Justice, be sentenced to pay a fine of not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars, together with costs, for the first violation, not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, together with costs, for the second, and up to one thousand ($1,000.00) dollars, together with costs, for subsequent violations. Each day that a violation exists shall constitute a separate offense. In default in the payment of any fine imposed hereunder, the defendant shall be sentenced to jail for a period not exceeding ninety (90) days.
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E. All fines and penalties collected for any violation of this Ordinance shall be paid to the Township Treasurer.
F. In addition to or in lieu of an enforcement action before a District Justice, the Township may enforce this ordinance in equity. In the event an abatement notice has been issued, which is being violated, or in any other appropriate circumstance, any Township official is hereby authorized on behalf of the Township to institute an action in equity for an injunction to enforce compliance herewith and/or to restrain continuous violations of this Ordinance.
G. For purposes of this section, the doing of any act or thing prohibited by any provision of this Ordinance, or the failure to do any act or thing as to which any provision of this Ordinance created an affirmative duty, shall constitute a violation of the Ordinance, punishable has herein stated.
30.
SEVERABILITY
The provisions of this Ordinance are severable, and if any section, clause, sentence, part or provision thereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Board that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part or provision had not been included herein.
31.
REPEALER
This Ordinance repeals the previously enacted Ordinance No. 193, and any other Ordinance or part thereof with which it may conflict.
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32.
EFFECTIVE DATE
This Ordinance shall become effective fifteen (15) days from the date of enactment.
ENACTED AND ORDAINED this
17th day of March 2003.
KENNETT
TOWNSHIP
BOARD OF SUPERVISORS
ATTEST: _____________________________
Thomas W. Nale, III
______________________
Secretary-Treasurer
________________________________
________________________________
Charles G. Shoemaker