[Adopted 9-19-2007 by Ord. No. 2007-11]
This article shall be known and referred to as the "Municipal Solid
Waste Management Regulations."
As used in this article, the following terms shall have the meanings
indicated:
The Pennsylvania Waste Transportation Safety Act of 2002 (P.L. 596,
No. 90, June 29, 2002).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No.
97, July 7, 1980).[2]
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988 (Act 1988-101, July 28, 1988).[3]
Any person, firm, partnership, corporation or public agency who is
engaged in the collection and/or transportation of municipal waste and/or
source-separated recyclable materials.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices, restaurants,
shopping centers and theaters.
The County of Bucks, Pennsylvania.
The deposition, injection, dumping, spilling, leaking or placing
of solid waste into or on the land or water in a manner that the solid waste
or a constituent of the solid waste enters the environment, is emitted into
the air or is discharged to the waters of this commonwealth. Disposal facilities
include, but are not limited to, municipal waste landfills and construction/demolition
waste landfills as defined by Act 101, Act 97, and/or PADEP rules and regulations
(25 Pa. Code Chapters 75 and 271).
Any establishment engaged in manufacturing or production activities,
including, but not limited to, factories, foundries, mills, processing plants,
refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including, but
not limited to, hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and similar
materials, but not including grass clippings.
A person who has written authorization from the PADEP under Act 90
to collect, haul, transport and dispose of municipal waste.
Any of the 54 minor civil divisions in Bucks County, Pennsylvania.
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" under Act 97 from a municipal,
commercial or institutional water supply treatment plant, wastewater treatment
plant, or air pollution control facility. The term does not include any source-separated
recyclable materials.
The Pennsylvania Department of Environmental Protection.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal government
or agency, state institution or agency, or any other legal entity recognized
by law as the subject of rights and duties. In any provisions 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 other legal entity having officers and directors.
Any technology used for the purpose of reducing the volume or bulk
of municipal or residual waste or any technology used to convert part or all
of such materials for off-site reuse. Processing facilities include, but are
not limited to, transfer facilities, recycling facilities, composting facilities,
and resource recovery facilities.
The collection, separation, recovery and sale or reuse of metals,
glass, paper, leaf waste, plastics and other materials 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 of reusable materials other than a fuel for the generation of
energy.
The unauthorized and uncontrolled removal of any material stored
or placed at a point for subsequent collection or from a processing or disposal
facility.
Materials, including leaf waste, that are separated from municipal
waste at the point of origin or generation for the purpose of recycling.
The off-site removal of any municipal waste at any time after generation.
A.
No person owning and/or occupying a property shall permit
any municipal waste to accumulate for a period of longer than seven days upon
property in the Borough of New Hope, owned and/or occupied by said person.
B.
It shall be unlawful for any person to collect and dispose
of any municipal waste within the Borough, except as provided for in this
article.
C.
It shall be unlawful to keep or allow in or about any
dwelling or upon any land or other premises within the Borough municipal waste
of any kind which is obnoxious or offensive by reason of dust or odor or which
attracts insects and vermin, except in covered receptacles. The cover shall
be tight and flyproof; and it shall be unlawful to retain accumulation of
any of said municipal waste so as to constitute a menace to the health and
safety, it being a presumption that such a menace exists when more than seven
days have elapsed after such solid waste is originally retained, accumulated
or permitted to accumulate; and nothing herein contained shall be construed
to permit the retention of any municipal waste which is or becomes obnoxious
or offensive by reason of dust or odor or which attracts insects or vermin.
D.
It shall be unlawful for any person to throw, place or
deposit or cause or permit to be thrown, placed or deposited any municipal
waste in or upon any street, alley, sidewalk, body of water or public or private
property, except as provided in this article.
E.
It shall be unlawful for any person to dump, process,
destroy, bury or otherwise dispose of municipal waste within the jurisdictional
limits of the Borough, except at facilities approved and permitted by the
Borough, the County of Bucks, and the Pennsylvania Department of Environmental
Protection.
F.
It shall be unlawful for any person not authorized to
do so to remove the lid from any municipal waste container or to collect,
molest or scatter refuse set out for collection.
G.
It shall be unlawful for any person other than the occupant
of the premises on which municipal waste receptacles are stored, or the licensed
collector or hauler, to remove the covers of any refuse receptacles or to
remove the refuse stored in any containers.
It shall be unlawful for any person to deposit any municipal waste at
any point or place in the Borough which refuse shall not have originated within
the Borough.
A.
Regulations for residential and nonresidential properties.
(1)
Every person shall provide adequate and sufficient containers
for receiving and holding municipal waste. Municipal waste containers, other
than those used for the storage or collection of recyclables, shall be made
of durable, watertight, rust-resistant material having close-fitting lids,
doors or covers and handles to facilitate collections, or durable, watertight
plastic bags. Only residential property owners may use durable plastic bags
for storage and collection of municipal waste. Nonresidential uses and properties
must use durable, watertight, rust-resistant containers for storage and collection
of municipal waste.
(2)
Municipal waste containers shall be of sufficient capacity
to hold accumulated refuse until the time of collection.
(3)
Municipal waste containers shall be maintained in good
repair. It shall be the responsibility of the person occupying the premises
to keep municipal waste containers in a sanitary condition at all times. The
containers shall be free of all liquids and residual solids and shall be periodically
cleaned.
(4)
Municipal waste stored outside of buildings shall be
stored in containers of suitable size, shape and material so as to prohibit
the waste from being scattered by wind or rain and shall prohibit accessibility
of such waste to rodents and other vermin.
(5)
Municipal waste containers shall be adequately secured
at all times to prevent waste from scattering from the storage or collection
points.
(6)
Municipal waste containers that are screened from public
view shall be located no less than 10 feet from any public street, alley,
or other public place. Municipal waste containers that are not screened from
public view shall be located no less than 25 feet from any street, alley,
or other public place.
(7)
When mechanical bins or detachable containers are in
use, they shall be easily accessible and convenient to the collection vehicle.
(8)
All municipal waste storage containers shall be subject
to inspection by the Borough at any reasonable hour without prior notice.
B.
Regulations for dumpsters.
(1)
All dumpsters that are used for the storage and collection
of municipal waste shall be located on private property, set back a minimum
of five feet from any property line or public right-of-way, and screened from
view by any adjoining property used for residential purposes or an adjoining
public right-of-way. Screening may be accomplished by either a fence and/or
appropriate landscaping to a height of at least one foot higher than the dumpster
on the side or sides facing residential property or public rights-of-way.
The fence and/or landscaping shall at all times be maintained in good repair.
(2)
Municipal waste dumpsters shall be serviced as needed,
but not less than once a week. Such dumpsters shall be in good structural
and visual condition. The top covers must be in place and in working condition.
Dumpsters and containers with an individual capacity of 1.5 cubic yards (40
cubic feet) or more shall not be stored in buildings or placed within five
feet of combustible walls, openings, or combustible roof eave lines, unless
approved in writing by the Fire Marshal.
(3)
The fencing and screening of dumpsters, as required herein, shall be completed within 180 days of the effective date hereof. Persons who are unable to comply with the screening and fencing requirements may file a written request for an exception thereto with the Borough Manager. A hearing on the requested exception shall be held at the next regularly scheduled meeting of the Borough Council unless such meeting is less than 10 days from the filing of the written request, whereupon the hearing will be held at the second regularly scheduled meeting of the Borough Council. At the conclusion of such hearing, the Borough Council shall, within 45 days of such hearing, render a decision granting, conditionally granting or denying the requested exception. The Council shall conduct the hearing or the Council may appoint any member or an independent attorney as a hearing officer. The decision, or, where no decision is called for, the findings shall be made by the Council; however, the applicant, in addition to the Borough, may, prior to the decision of the hearing, waive decision or findings by the Council and accept the decision or findings of the hearing officer as final. The person seeking the requested exception shall bear the burden of demonstrating inability to comply with the requirements of Subsection B of this section.
A.
Owners and occupiers of properties are hereby required
to make accumulated municipal waste available for collection at least once
each week or more frequently when it is determined by the Director of Public
Works or the Fire Marshal of the Borough that such additional collections
are necessary to protect the public health, safety and welfare.
B.
All municipal waste accumulated on any property in the Borough shall be collected, conveyed and disposed of by a licensed collector or licensed waste hauler in accordance with the provisions of Chapter 223, Article II, for which the owner and/or occupier thereof shall be responsible for the payment of any fee; and payment thereof shall be a matter of private agreement between the owners and/or occupiers and the collector thereof.
C.
Municipal waste containers shall be placed just inside
the curb or street line, not less than five feet from any side property line,
only between the hours of 4:00 p.m. prevailing time on the day prior to the
collection of refuse by licensed collectors or haulers and 7:00 p.m. prevailing
time on the day of collection of refuse by licensed collectors or haulers.
No container may be placed in such a manner as to block a sidewalk or pedestrian
walkway or to hinder the safe passage of motor vehicles.
All municipal waste materials resulting from building or structure alterations,
repairs, construction, reconstruction or demolition shall be removed by and
at the expense of the owner of the premises upon which such waste was produced.
Any person who violates any provision of this article shall, upon conviction
at a summary proceeding, be sentenced to pay a fine to the use of the Borough
of not more than $1,000, together with the costs of prosecution or be imprisoned
for a period of not more than 30 days, or both. Each day of violation shall
be considered as a separate offense.
