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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (1)
For the purposes of this article, the following definitions shall be applicable, unless the context clearly indicates otherwise:
ASHES
Includes residue from tires used for cooking and from wood fireplaces and pellet-burning stoves.
GARBAGE
Includes waste resulting from the handling, preparation, cooking and consumption of food; waste from the handling, storage and sale of produce.
REFUSE
Includes combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches not to exceed four feet in length and wood trimmings; noncombustible trash, including but not limited to metals, tin cans, dirt, small quantities of rock and small pieces of concrete, glass, crockery and other mineral waste; and street rubbish, including but not limited to street sweepings, dirt, leaves, catch-basin dirt and contents of litter receptacles; provided, however, that "refuse" shall not include earth and waste from building operations no shall it include solid waste resulting from lumber, scraps and shavings.
It shall be unlawful for any person, firm or corporation to place or permit to remain anywhere in the Town any garbage or other materials subject to decay other than leaves, grass or compost, except in a tightly covered container, as hereinafter provided.
It shall be unlawful to dispose of any garbage, refuse or ashes within corporate limits of the Town. Such materials shall be placed in containers for collection by the Town, as hereinafter provided.
The Town Manager or his designated representative shall have exclusive charge of the collection of garbage, refuse and ashes from all residential and commercial units located within the Town. The collection shall be made from properties within the Town as often as may be established by the Town Council of the Town, by resolution, provided that the material is properly stored for collection in a container complying with the provisions of this article and is placed at the curb, alley or street line.
Items not accepted for garbage collection:
A. 
Recyclable plastics and aluminum.
B. 
Dead animals.
C. 
Empty cardboard boxes (cut into two-feet-by-three-feet pieces and placed in the recycling cart).
D. 
Other recyclable materials should be recycled and not placed in garbage containers.
E. 
Yard waste.
F. 
Motor oil, wet paint and solvents.
G. 
Pool chemicals, flammable liquids and other hazardous materials.
A. 
The Town shall collect from the businesses subject to this article an annual collection fee, regardless of whether or not said owner or occupant uses the Town collection service. The amount of the annual fee shall be set by the Town Council each year when the annual budget is approved and shall be billed on an annual basis, at the same time as the Town's property taxes, due and payable in advance.
B. 
Any amount due to the Town under this article shall constitute a lien against the real property for which such trash collection bill was levied, pursuant to the provisions of 25 Del. C. Chapter 29, or any subsequent corresponding provision of the law.
All residential garbage, refuse and ashes for collection by the Town shall be placed in metal or plastic containers, plastic bags or other suitable covered containers so that they may be lifted and carried by one man. No such container shall have a capacity of more than 50 pounds. Commercial establishments shall utilize industrial-type dumpsters/containers as determined and specified by the Town Manager or his designated representative.
A. 
Trash can/recycle cart enclosures bins.
(1) 
Trash/recycle bin enclosures shall not exceed 30 inches in height or more than 40 inches above ground elevation.
(2) 
Trash/recycle bin enclosures shall be placed at the property side of the property line closest to the street, not in the Town right-of-way.
(3) 
Trash/recycle bin enclosures shall be constructed by and maintained by the property owner.
(4) 
Property owners who store their recycling cart in an enclosure bin shall provide a door to such enclosure bin for easy removal and replacement of the recycling cart. Collection crews will not lift recycling carts from any enclosure bin.
A. 
Commercial establishments.
(1) 
Commercial establishments shall acquire and utilize industrial-type dumpsters/containers as determined by the Town Manager or a designated representative.
(2) 
Owner-acquired dumpsters/containers must he fully compatible with the Town of Bethany Beach's sanitation equipment.
(3) 
An adequate number of dumpsters must be provided to meet both the waste and recycling requirements of such business or businesses as specified by the Town Manager or a designated representative.
(4) 
Owner-acquired dumpster/containers shall be no smaller than three yards and no larger than four yards.
(5) 
Owners of the dumpsters/containers shall construct a concrete platform with the following dimensions/requirements:
(a) 
Seven feet long by five feet wide and four inches thick.
(b) 
Dumpster/container platforms must be level.
(c) 
Dumpster/container platforms must have curbing around the entire perimeter of the concrete platform. The platform curbing shall have a minimum height of 1.5 inches, and a minimum of two three-inch openings shall be provided to allow water to drain from the platform.
B. 
Residential townhouse/condominium communities.
(1) 
Residential townhouse/condominium communities may be required and if physically possible are encouraged to acquire and to utilize industrial-type dumpster/containers, to be determined by the Town Manager or a designated representative.
(2) 
All residential dumpster/container owners shall adhere to all the requirements as outlined in § 486-17A(1) to (5).
C. 
Dumpster/container maintenance.
(1) 
Dumpsters/containers that are serviced by the Town of Bethany Beach are owned by the respective business and/or property owner(s).
(2) 
Any and all repairs and/or maintenance of dumpsters/containers shall be the sole responsibility of the dumpster/container owner(s).
(3) 
The Town of Bethany Beach shall be held harmless for damage(s) caused by normal operation of the collection vehicle.
(4) 
Dumpster/container wheels, lids, lift hooks, sides and floor shall be maintained in good working condition.
(5) 
The painted exterior surfaces of dumpster/containers shall be maintained with the Director of Public Works determining the time when it is necessary to repaint the dumpster/container with rust-inhibiting paint.
(6) 
An annual inspection of all dumpsters/containers shall be performed by the Director of Public Works and any dumpster/container that fails to pass inspection the owner(s) of such dumpsters/containers will be notified in writing by the Town to correct the reported problem(s) and may be found guilty of violating the provisions of this article.
Any person or persons found guilty of violating the provisions of this article shall pay such fines as set out in Chapter 1, General Provisions, Article I, Penalties.