The following words, when used in this article, shall
have the meanings identified in the section, unless the context clearly
indicates otherwise:
ASHES
The residue resulting from the burning of wood, coal, coke
or other combustible material.
BOROUGH COLLECTION PROPERTIES
The premises at which the Borough will collect refuse generated
by permitted (under the Zoning Ordinance) use(s) of the premises.
Borough collection properties include only residential dwelling units
which are not part of a mixed use or in a building or on a lot or
premises with six or fewer dwelling units.
BULK CONTAINER
A dumpster or similar refuse container designed to be emptied
by machine and/or truck-mounted lifting equipment.
BULKY WASTE
All items that are of a size such that they cannot be placed
in a standard-size municipal waste container. Bulky waste includes
items such as furniture and appliances. Bulky waste does not include
construction debris, hazardous materials, automotive parts, tires
or plant waste.
CONSTRUCTION DEBRIS
Customary, nonhazardous waste building materials and associated
packing generated by activities involving construction, remodeling,
repair or demolition operations.
GARBAGE
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
HAZARDOUS WASTE
Any waste which contains any substance, material, chemical,
compound or mixture, the use or disposal of which is restricted by
law or regulation, whether federal, state, county or municipal; such
waste includes but is not limited to solid waste that is especially
harmful or potentially harmful to public health, as defined in the
Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101
et seq.), and any pollutant, contaminant, toxic or hazardous waste,
any dangerous, potentially dangerous, noxious or toxic substance,
flammable, explosive, radioactive material, medical waste, urea formaldehyde,
foam insulation, asbestos, PCBs, or any other substance the removal
of which is required or the manufacture, preparation, production,
generation, use, maintenance, treatment, storage, transfer, handling
or ownership of which is restricted, prohibited, regulated or penalized
by any federal, state, county or municipal laws or regulations, now
or at any time hereafter in effect, including, but not limited to,
the Comprehensive Environmental Response, Compensation and Liability
Act (42 U.S.C. § 9601 et seq.), the Hazardous Materials
Transportation Act (49 U.S.C. § 1801 et seq.), the Resource Conservation and Recovery Act (42 U.S.C.
§ 6901 et seq.), the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C.
§ 7401 et seq.), the Toxic Substances Control Act, as amended
(15 U.S.C. § 2601 et seq.) and the Occupational Safety and
Health Act (29 U.S.C. § 651 et seq.), as such laws have
been or will be amended and supplemented.
LICENSED REFUSE COLLECTION CONTRACTOR
A commercial refuse collection contractor licensed to dispose
of solid waste by the Chester County Health Department, the Pennsylvania
Department of Environmental Protection, or the United States Environmental
Protection Agency, or which has obtained a lawful permit to collect,
transport, and/or dispose of solid waste from any of the foregoing
agencies.
[Amended 6-21-2016 by Ord. No. 2016-10]
MIXED USE
Any use of a lot or premises which includes one or more residential
dwelling unit(s) and any nonresidential use, as such uses are defined
by the Zoning Ordinance.
PLANT WASTE
Leaves, garden residue, grass, shrubbery and tree trimmings
and similar plant materials grown at the premises.
PREMISES
A lot, parcel or parcels used as a single principal use or
enterprise, a condominium or apartment, including all improvements.
PRIVATE COLLECTION PROPERTIES
All properties, premises and uses which are not Borough collection
properties. Private collection properties include, but are not limited
to, all properties used for industrial, commercial, restaurant, agricultural,
institutional, community, religious and philanthropic, rooming house,
boarding house, hotel, apartment buildings or developments and condominiums
with six or more dwelling units [as all those uses are commonly defined
and/or as they are defined by the Zoning Ordinance, all nonresidential
and mixed uses as well as any residential building or development
(e.g., apartment building or condominium development) with more than
six dwelling units on the premises].
RECYCLABLE GLASS
Empty food and drink bottles and jars with their lids removed
and rinsed (all colors-amber, green and clear).
[Amended 4-17-2007 by Ord. No. 2007-3]
RECYCLABLE PAPER
Mixed paper, including cardboard, paper bags, magazines,
all mail, phone books, home, office and school paper; but not soiled
or saturated paper.
[Amended 4-17-2007 by Ord. No. 2007-3]
RECYCLABLE PLASTICS
Commingled plastic beverage containers, including PET/HDPE,
narrow-necked bottles and jars only, rinsed and caps removed.
[Amended 4-17-2007 by Ord. No. 2007-3]
REFUSE
All solid waste, except body waste, and shall include garbage,
ashes and rubbish and all residential waste classified as municipal
waste under the Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act (Act 101 of 1988; 53 P.S. § 4000.101
et seq.).
REFUSE CONTAINER
Any container used to contain refuse placed at the street
curb for collection, such as returnable metal and plastic containers
and plastic bags.
RUBBISH
Includes glass, metal, paper, plant waste, wood or nonputrescible
solid wastes, but not recyclables.
ZONING ORDINANCE
The Borough of Malvern Zoning Ordinance as that ordinance
may be amended from time to time.