[Ord. 1705, 8/10/1993, § 1]
This Part shall be known and may be cited as the "Solid Waste Disposal Ordinance."
[Ord. 1705, 8/10/1993, § 2; as amended by Ord. 1741, 11/15/1994; by Ord. 2197, 4/10/2012, § 1 and by Ord. 2220, 8/13/2012, § 1]
In this Part, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.
The following words, when used in this Part, shall have the meanings hereby ascribed thereto, unless the context indicates otherwise:
- The solid materials remaining after the burning of wood, coal, coke or other combustible material.
- BOROUGH TRASH COLLECTION CONTRACT
- The contract between the Borough and the Borough trash collector for trash collection services within the Borough.
- BOROUGH TRASH COLLECTOR
- A private person with whom or with which the Borough has contracted or does contract with to provide trash collection services.
- The cuttings or trimmings from trees, shrubs or lawns and similar material.
- BULKY WASTE
- Any refuse item which is larger or heavier than a refuse container. Such items include, but are not limited to, appliances, large auto parts and furniture. These items are not collected in conventional compactor refuse collection vehicles. Limit of five items.
- BURNABLE WASTE
- A substance capable of being burned, including paper, rags, excelsior, wood, grass, cartons, sweepings (not including earth or stones), tree and shrubbery trimmings.
- COMMERCIAL UNIT
- A premises occupied or designed to be occupied by a commercial use, as defined by Chapter 27, Zoning.
- A bin or container, other than a refuse container, for the storage of refuse, designed for collection by a vehicle which will lift the bin or container and empty it into the vehicle or designed to be lifted onto and hauled away.
- ELECTRONIC PRODUCTS
- These products include but are not limited to computers, computer peripherals (mouse, keyboard, USB drive, or anything that can be connected to a computer), scanners, projectors, televisions or monitors.
- The trash collection fee imposed and established in the Master Schedule of Fees.
- Municipal solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking, and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products; and nonputrescible household solid waste consisting of combustible waste including paper, rags, cartons, and similar materials and noncombustible waste, including glass, crockery, tin and aluminum cans.
- HAZARDOUS WASTE
- Any commercial or residential garbage, trash, rubbish or other solid waste identified or listed as a hazardous waste by the administrator of the United States Environmental Protection Agency pursuant to the federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., as amended.
- INDUSTRIAL SOLID WASTE
- Solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations.
- INDUSTRIAL UNIT
- A premises occupied or designed to be occupied by an industrial use, as defined by Chapter 27, Zoning.
- INFECTIOUS WASTE
- Commercial or residential garbage, trash, rubbish or other waste containing pathogens or biologically active materials, which because of its type, concentration and quantity is capable of transmitting disease to persons exposed to the waste, including human and animal tissue, bandages, syringes and other materials used in health care which become contaminated by pathogenic materials.
- INSTITUTIONAL UNIT
- A premises occupied or designed to be occupied by an institutional use, as defined by Chapter 27, Zoning.
- All waste material and sweepings which, if thrown or deposited, tend to create a danger to the public health, safety and welfare.
- MUNICIPAL SOLID WASTE
- Solid waste resulting from or incidental to municipal, community, commercial, institutional and recreational activities, and includes garbage, rubbish, ashes, street cleanings, and other solid waste other than industrial waste and special waste.
- NONBURNABLE WASTE
- Substances not capable of being burned, including ashes, tinware, metallic substances, bottles, glass, earthenware and tin cans.
- Any natural person, association, partnership, firm or corporation.
- PRIVATE TRASH COLLECTION CONTRACT
- A contract between a person (other than the Borough) and a Borough licensed trash collector, under which contract trash collection services complying with all Borough regulations and requirements are provided to a T.C.U.
- PRIVATE TRASH COLLECTOR
- A trash collector and/or hauler (other than the Borough trash collector when operating pursuant to its contract with the Borough) which is licensed and authorized by all necessary authorities to provide trash collection and hauling services in the Borough.
- RECYCLABLE MATERIALS
- Those materials which may be processed or refabricated for reuse and which the Borough requires to be separated from other solid waste for separated collection and recycling.
- RECYCLING TOTER
- A molded plastic heavy-duty wheeled refuse cart of various capacity, which capacity shall not to exceed 70 pounds in weight, with lid for the purpose of storage of recyclable material.
- Garbage, residue, bulky waste and rubbish, but shall not include bodily waste (exclusive or disposable diapers) and hazardous waste (except for small quantities of such waste, available on a retail basis to homeowners, including such items as aerosol cans, pesticides, fertilizers, paint nail polish and medications).
- REFUSE TOTER
- A molded plastic heavy-duty wheeled refuse cart of various capacity, which capacity shall not to exceed 70 pounds in weight, with lid for the purpose of storage of municipal waste or recyclable material. The recycling container is distinguished from the refuse container by labeling and color.
- RESIDENTIAL UNIT
- A single-family residential dwelling unit (as defined by Chapter 27, Zoning), whether occupied or not which is in a building with fewer than four other residential dwelling units.
- Substances not capable of being burned including, but not limited to, ashes, metals, glass, ceramics and unburned organic substances.
- Solid wastes, except body wastes and garbage.
- SPECIAL WASTE
- Any commercial or residential garbage, trash, rubbish, hazardous waste, infectious waste, or other solid waste that because of its quantity, concentration, physical or chemical characteristics or biological properties is not collectible by the Borough's Sanitation Department.
- TRASH COLLECTION UNIT (T.C.U.)
- An individual residential dwelling unit, commercial unit, industrial unit or institutional unit. T.C.U. shall not be interpreted to include an accessory home occupation use as that term is defined in the Phoenixville Borough Zoning Ordinance [Chapter 27], as amended, so long as the operation of an accessory home occupation is in compliance with all other terms and regulations of Chapter 27, Zoning.
[Ord. 1705, 8/10/1993, § 3; as amended by Ord. 2123, 4/15/2008, § 1]
The following precollection practices shall be followed by each person presenting refuse for collection. Any noncompliance with these practices may result in the refuse not being collected.
Preparation of Refuse.
[Amended by Ord. 2197, 4/10/2012, § 2]
All refuse shall be drained of liquid.
All garbage shall be wrapped in paper or bagged and placed in the refuse toter.
[Amended by Ord. 2220, 8/13/2013, § 2]
All cans, bottles or other food containers shall be rinsed free of food particles and drained.
Beginning on January 24, 2013, electronic products, as defined in this Part, are banned from Pennsylvania landfills and shall not be placed in the refuse toter.
[Added by Ord. 2220, 8/13/2013, § 2]
Refuse and Recycling Toters.
[Amended by Ord. 2197, 4/10/2012, § 2; and by Ord. 2220, 8/13/2013, § 2]
The Borough provides one refuse toter and one recycling toter at no cost to each T.C.U. which receives collection service from the municipality. The toter shall be used to store and place municipal waste and recycling at curbside on a public street for collection. Replacement toters shall be purchased from the Borough based on the fee as established in the Master Schedule of Fees.
Each T.C.U. shall use only one toter for municipal waste collection and one toter for recycling. If a second toter is needed for municipal waste and/or recycling, the resident may purchase the additional toter(s) from the Borough based on the fee as established in the Master Schedule of Fees. In no case will there be more than four toters per T.C.U.
All refuse containers shall be kept in as sanitary a state as possible and shall be thoroughly rinsed and drained by the owner or occupant after the rubbish has been removed.
Municipal solid waste must be in the refuse toter and not on top of the toter. Any waste that is not in the toter or placed so as to cause the lid to be in an upright or open position is considered excessive and will not be removed. A lid being open by over 20 inches from the lip of the toter to the lip of the lid is considered to be an upright or open position."
The toter must be placed with the handle away from and parallel to the center of the street.
Property owners are responsible to report damaged toters to the municipality for repair or replacement.
Toters assigned to a T.C.U. address must remain with that address until removed or replaced by the municipality.
Use of more than one toter for municipal solid waste removal unless validated by the municipality is a violation of this Part.
Missing or melted toters are the responsibility of the property owner and must be paid for at the rate established by Master Schedule of Fees.
Paper or plastic bags or similar containers may not be used as refuse containers and may not be placed along any street, sidewalk or alley for collection.
Storage Practices. Every owner, tenant and/or occupant of a T.C.U. shall be responsible for complying with these practices and regulations.
Refuse shall be stored in a municipally supplied toter which complies with the provisions of this Section.
[Amended by Ord. 2197, 4/10/2012, § 1]
No refuse from any T.C.U. shall be placed in a public place for collection or otherwise before 5:00 p.m. on the day before the day scheduled for its collection. No toter, having been emptied, shall remain in a public place later than 6:30 p.m. on the day of collection of the refuse. However, no refuse shall be permitted to stand uncollected under such condition or length of times so as to constitute a public nuisance or hazard to the public health, safety or welfare.
[Amended by Ord. 2197, 4/10/2012, § 1]
It shall be unlawful to place refuse in any street, alley, sidewalk, private or public property except in compliance with the provisions of this Part.
No refuse shall be placed for collection or otherwise stored along any of the following portions of the streets, before the hour of 5:00 a.m. and after 10:00 a.m.:
Refuse containers shall be placed for collection at sidewalk level adjacent to the curb. Only by written permission from the Borough may refuse be placed at any other location.
[Ord. 1705, 8/10/1993, § 4]
The following collection practices shall be followed:
No Borough trash collector or private trash collector shall make any collections at any time on any Sunday except under extraordinary conditions with the express prior written approval of the Borough Manager. No Borough trash collector or private collector shall make any collections between the hours of 10:00 p.m. and 6:30 a.m. (prevailing time), except under extraordinary conditions with the express prior written approval of the Borough Manager. No refuse collection from dumpsters shall take place at any time during the day of Sunday.
[Amended by Ord. 2201, 8/14/2012, § 1]
Refuse shall be collected from all non-T.C.U.'s and nonparticipating T.C.U.'s by a Borough licensed collector pursuant to a private trash collection contract, no less than one time in each calendar week, during all the months of the calendar year unless more frequent collection is required by the Borough's written order or by this Part. No such refuse to be privately collected shall be stored in the open or presented for collection for more than 14 hours.
[Ord. 1705, 8/10/1993, § 5; as amended by Ord. 1741, 11/15/1994, § 1]
The collection and disposal of rubbish in the Borough of Phoenixville shall be under the supervision of the Borough Manager. The Borough Manager shall have authority to make regulations concerning the days of collection, type and location of refuse containers and such other matters pertaining to the collection-disposal as the Manager may deem advisable and to change and modify the same, after notice as required by law, provided that such regulations are not contrary to the provisions of this Part. In addition, the Borough Manager shall have the authority, pursuant to written policies, to determine which restaurants, hotels, apartments, businesses, industries and institutions shall be required to have private trash collection and shall notify such establishments in writing of such determination, whereupon those T.C.U.s shall comply with the Manager's directions.
Any person aggrieved by any decision of the Borough Manager concerning mandatory private collection shall, within 30 days of receiving the Borough Manager's written notification of the same, file with the Borough Manager a written request for review and reconsideration of the decision, whereupon the Manager shall, within two weeks of the date the Manager receives such written request, advise the aggrieved party, in writing, as to the decision upon review. The aggrieved party may appeal to the Borough Council's Utilities-Health-Sanitation Committee, which shall conduct a hearing and make recommendations to the Borough Council, provided that such appeal must be in writing and filed with the Borough within 30 days of the date of the Manager's written decision on the reconsideration is mailed to the aggrieved party. Appeals by any aggrieved person concerning regulations of the Borough Manager, other than those concerning private collection, shall be made within 30 days of the same, directly to the Borough Council's Utilities-Health-Sanitation Committee, which may recommend to confirm, modify or revoke any such policy or decision to the Borough Council.
[Ord. 1705, 8/10/1993, § 6; as amended by Ord. 2197, 4/10/2012, § 3 and by Ord. 2220, 8/13/2013, § 3]
All refuse accumulated in the Borough shall be collected, conveyed and disposed of by the Borough, the Borough trash collector or private collectors licensed under the provisions of this Part. This Part shall not prohibit the actual producers of refuse or the owners of premises upon which refuse has accumulated from collecting, conveying and disposing of such refuse, if such producers or owners comply with all of the provisions of this Part and such written rules, regulations and orders made by the Council, or the Borough Manager and all other applicable regulations.
[Ord. 1705, 8/10/1993, § 7]
Outdoor burning or outdoor incineration of refuse is prohibited. This Part shall not apply to such burning or incineration which is under the regulation or control of the Pennsylvania Department of Environmental Protection and is in compliance with all applicable regulations.
Refuse shall not be dumped, buried or otherwise disposed of within the Borough.
The Borough Manager may establish regulations to regulate the proper storage and disposal of refuse and may issue administrative orders to T.C.U. owners and occupants to correct and/or cease and desist from maintaining public health and safety problems and to achieve compliance with such regulation, this Part and all Borough regulations. The Borough Code Enforcement Department and the Phoenixville police force are charged with and have the authority to enforce this Part. It shall be their duty to enforce strict compliance with the terms of this Part, and they are hereby directed to initiate prosecution and all such legal action as they determine necessary to ensure strict compliance with the terms of this Part. For the carrying out of such duties, this Part shall be sufficient warrant.
[Amended by Ord. 2197, 4/10/2012, § 4]
[Ord. 1705, 8/10/1993, § 8]
No person shall throw, deposit or sweep litter or any other refuse into any public place, such as a street, sidewalk, park or playground, or into the open entrances to buildings within the Borough.
No person owning or occupying premises within the Borough shall sweep or cause to be swept into or deposit in any gutter, street or any other public place an accumulation of litter or refuse. Persons owning or occupying premises shall keep the sidewalk in front of such premises free of litter and refuse.
No person on foot or while a driver or a passenger in a vehicle or otherwise shall throw or deposit litter or refuse upon any sweet or other public place or upon private property within the Borough.
[Ord. 1705, 8/10/1993, § 9; as amended by Ord. 1741, 11/15/1994, § 1; and by Ord. 2042, 4/25/2005]
Neither the Borough nor the Borough trash collector shall be required to collect garbage from any T.C.U. unless:
[Amended by Ord. 2197. 4/10/2012, § 5; and by Ord. 2220, 8/13/2013, § 4]
The T.C.U. is a participating T.C.U.
It is presented for collection in compliance with the applicable precollection and storage practices and the Borough trash collection contract.
The amount of garbage to be collected does not exceed two toters for any T.C.U.
The fee and any interest and/or penalties for the T.C.U. generating the trash is paid.
Neither the Borough nor the Borough trash collector shall be required to collect demolition, construction and/or similar wastes and/or rubbish including, but not limited to, that resulting from the demolition, construction, repair or remodeling of buildings, sidewalks or similar activities, nor shall the Borough or its contractor collect rubbish resulting from any industrial or manufacturing process.
Neither the Borough nor the Borough Trash Collector is required to collect refuse from any non-T.C.U. or any T.C.U. that the Borough Trash Collector is not obligated, under the then current Borough Trash Collection Contract, to provide refuse collection services for.
Scheduling of all collections shall be as determined by the Borough and/or the Borough Trash Collector.
The Borough may arrange or provide for the collection of bulky waste. To the extent that it does so, the Borough may establish procedures, scheduling and fees for the collection of bulky waste. Such fees may be established by Borough Council, from time to time, in the Master Schedule of Fees.
[Amended by Ord. 2197, 4/10/2012, § 5; and by Ord. 2220, 8/13/2013, § 4]
All bulky waste must be placed at the curbline for collection on the regular trash day. Metal items are to be called into the Borough for special pick up on Mondays.
[Amended by Ord. 2197, 4/10/2012, § 5; and by Ord. 2220, 8/13/2013, § 4]
Only participating T.C.U.'s may put refuse out for Borough (including Borough Trash Collector) collection.
No refuse, in excess of that permitted under this Section and which does not comply with this Part, shall be presented for Borough collection.
[Ord. 1705, 8/10/1993, § 10; as amended by Ord. 1735, 8/9/1994, § 1; by Ord. 1741, 11/15/1994, § 1C; by Ord. 1747; by Ord. 1918, 9/24/2001; by Ord. 1970, 3/11/2003, §§ 1, 2; and by Ord. 2032, 1/11/2005]
Fee. A trash collection fee (i.e., the "fee"), for trash collection services, provided by the Borough, for each quarter or part thereof, shall be paid, to the Borough, for each participating T.C.U. This fee shall be due whether or not the participating T.C.U. is occupied and regardless of whether, or the extent to which, the participating T.C.U. uses the service. The Fee shall be as established in the Master Schedule of Fees.
[Amended by Ord. 2197, 4/10/2012, § 6; and by Ord. 2220, 8/13/2013, § 5]
Participating T.C.U.'s. A T.C.U. now receiving or entitled to receive trash collection services, from the Borough Trash Collector, shall be and remain a participating T.C.U. until and unless the Borough authorizes the T.C.U. to become a non-participating T.C.U. No participating T.C.U. may become a non-participating T.C.U. during the period of the then current Borough Trash Collection Contract, with the Borough Trash Collector, under which the participating T.C.U. is entitled to receive trash collection services. Notwithstanding anything in this Part to the contrary, if the Borough determines that a T.C.U., which has been receiving trash collection services from the Borough Trash Collector, is not entitled, under the Borough Trash Collection Contract, to receive those services, the Borough may discontinue the refuse collection services to such T.C.U.
A T.C.U. which has an existing private trash collection contract, a the date of enactment of this Part, will be considered a non-participating T.C.U., when the record owner of the T.C.U. applies, using a Borough form, to be exempted from the fee and establishes, to the Borough, the existing private trash collection contract, under which the T.C.U. receives trash collection services, for all refuse generated by the T.C.U., which complies with all Borough regulations and that the Borough does not provide refuse collection service to the T.C.U. When so established, such status shall continue for so long as the private trash collection contract is implemented according to Borough regulations. If the private trash collection contract is not implemented pursuant to Borough regulations, the Borough may determine that the T.C.U. shall be a participating T.C.U. and, in such event, the fee shall be due for the T.C.U.
A participating T.C.U. may become a nonparticipating T.C.U. only after the end of the then-current Borough trash collection contract ("current contract"), under which the T.C.U. is entitled to trash collection services. To become a nonparticipating T.C.U., a participating T.C.U. must apply, at least 90 days prior to the end of the current contract, on forms provided by the Borough. Only the following types of T.C.U.'s may, by application, become a nonparticipating T.C.U.:
T.C.U.'s in geographically contiguous groups of five or more dwelling units where:
A commercial unit.
An industrial unit.
An institutional unit.
Once a T.C.U. is authorized to be a nonparticipating T.C.U., it must place its trash in a dumpster or other rigid, lidded containers clearly marked with the name of the private trash collector. Plastic can liners may not be used for exterior storage, pre-collection or collection. The nonparticipating T.C.U. status shall last only so long as the T.C.U. has private trash collection services which comply with this Part and all other applicable regulations.
[Amended by Ord. 2197, 4/10/2012, § 6; and by Ord. 2220, 8/13/2013, § 5]
Collection of Delinquent Accounts and Responsible Parties. Owner(s) and occupants of the participating T.C.U. shall be responsible and liable, jointly and severally, to the Borough for the fee, any interest and/or penalty thereon and for compliance with this Part. If any amount due under this Part is delinquent, the Borough may file a municipal claim, lien the T.C.U. and/or the property of which it is a part, as authorized by law, and/or proceed with an assumpsit action. All such claims may be for the fee, interest and penalty thereon and costs of collection including, but not limited to, attorneys' fees as identified in Appendix A, Chapter 18, of this Code, certified mail costs and Constable costs for service.
Billing. On or about January 1, each year and quarterly thereafter, the Borough may invoice the record owner of the participating T.C.U. The Borough's failure to send or correctly send an invoice for the Fee to the record owner(s) of the participating T.C.U. shall not constitute a waiver of the Fee. It is the responsibility of the owner(s) and occupant(s) of the T.C.U. to pay the Fee for each quarter or part thereof whether or not an invoice is received.
Fee Due Date, Allocation of Payments and Penalty.
The Fee shall be due and payable within 20 days after the invoice is rendered; the last day of this twenty-day period shall be the bill due date.
If a bill is not paid, in full, to the Borough, on or before its bill due date, a penalty of $5 shall be added to the next quarterly bill.
The Borough intends to render trash service bills at the same time it renders water and sanitary sewer service bills. If the Borough receives customer payments which do not specifically identify to which account(s) (i.e., water, sewer and/or trash) the payment is to be applied, the Borough shall apply such payment toward due and payable account balances in the following order: first to trash service, next to sewer service and finally to water service.
Any unpaid fee, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs shall be a lien on the property served, which lien may be collected by action in assumpsit and/or by a lien filed in the nature of a municipal claim. In addition, any costs and/or attorneys' fees incurred by the Borough of Phoenixville to collect such delinquent Fee shall be added to the unpaid fee along with penalties and interest as set forth above, and the aggregate of the same may be entered as a lien on the property served.
Any unpaid trash collection fee, together with penalties and interest thereon to the extent permitted by law, and all delinquent costs shall be a lien on the property served, which may be collected by action in assumpsit, by distress and/or by termination of services to the extent provided by law. In addition, any costs and/or attorney's fees incurred by the Borough of Phoenixville shall be added to the unpaid trash collection fee along with penalties and interest as set forth above, and the aggregate of the same shall be entered as a lien on the property served.
[Ord. 1705, 8/10/1993, § 11]
Contagious Disease Rubbish. The removal of wearing apparel, bedding or other rubbish from homes or other places where highly infectious or contagious diseases have prevailed must be performed in compliance with all applicable regulations and only after three business days' prior written notice of the Code Officer, who shall have the authority to inspect and establish procedures and specifications for such disposal. Such rubbish shall not be unless authorized by the Code Officer in writing.
[Amended by Ord. 2197, 4/10/2012, § 7; and by Ord. 2220, 8/13/2013, § 6]
Flammable or Explosive Refuse. Highly flammable or explosive materials shall not be placed in containers for collection by the Borough trash collector, but shall be disposed of in compliance with all applicable regulations and as directed by the Borough Manager. Such disposal shall be at the expense of the owner or possessor of the refuse.
No person shall allow refuse in the person's possession under the person's control or from property owned or occupied by the person to be deposited, in any way (including, but not limited to, being blown or washed) upon public streets, rights-of-way or other public property or the private property or others is hereby prohibited.
[Ord. 1705, 8/10/1993, § 12]
License Required. No person, other than the Borough or the Borough trash collector, acting through its or their agents and employees, shall collect, remove, haul or convey any refuse through or dispose or place of the same in any manner in the Borough without obtaining a license therefore from the Borough Manager and paying the license fee. The license fee shall be established, by the Borough Council, in the Master Schedule of Fees. No person shall contract for or permit an unlicensed collector to collect or remove refuse from a premises owned or occupied by the person in the Borough.
[Amended by Ord. 2197, 4/10/2012, § 8; and by Ord. 2220, 8/13/2013, § 7]
Conditions for Granting a License.
Every person who shall apply for a license under this Section shall do so in writing, on a form provided by the Borough, according to Borough procedures. The application shall identify the person's name, address, public liability, insurance company and policy number, as well as the type or types of refuse to be collected, the manner of collection and the place and method of disposal.
A license shall be conditioned upon complete compliance with the requirements of this Part or rules and regulations authorized hereunder, as well as all other applicable laws and regulations including, but not limited to, those of the Commonwealth of Pennsylvania, Chester County and any municipal corporation wherein disposal of the refuse is to be made.
No Borough licensed private trash collector shall make any change from that described on the license application, any arrangement, practice or procedure for refuse collection or disposal or collect any new type of refuse without first applying for and receiving an amended license.
Collection Vehicles. All vehicles used for the collection of refuse, except bulky waste, shall store all collected refuse in an enclosed cargo space.
Suspension of License. Any person who violates this Section may have his Borough trash collection and hauling license either suspended or revoked by the Borough Manager.
[Ord. 1705, 8/10/1993, § 13]
All refuse which the Borough or the Borough trash collector does not collect pursuant to this Part shall be collected by a private trash collector, pursuant to a private trash collection contract. The property owner and the occupant of the premises are responsible, jointly and severally, for providing such private trash collection and for the removal of all such refuse.
[Ord. 1705, 8/10/1993, § 14; as amended by Ord. 2118, 4/15/2008; and by Ord. 2197, 4/10/2012, § 9; and by Ord. 2220, 8/13/2013, § 8]
Any person who shall violate any provision of this Part or any rule or regulation authorized hereunder shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs of prosecution or, in default of payment of such fine and cost, to undergo imprisonment for not more than 30 days. Each day that a violation continues shall constitute a separate offense. The fine for the first conviction hereunder shall not be less than $100, the fine for the second conviction hereunder shall not be less than $200 and the fine for the third conviction shall not be less than $300. The fine for any conviction hereunder after the third shall not be less than $400. Enforcement of this Part is vested in the Borough Manager, the Borough Code Enforcement Official and the members of the Phoenixville Police Department.
[Ord. 1628, 8/14/1990, § 1]
The Borough of Phoenixville (hereinafter "Borough"), recognizes as an important public concern the growing problem of municipal waste disposal and its impact on the environment.
The major purpose of the Borough's recycling program is to reduce the amount of municipal waste and promote the conservation of recyclable materials. The collection of recyclable materials in the Borough of Phoenixville will serve the general public interest by reducing the volume of municipal waste which must be disposed of, thereby preserving valuable natural resources and reducing energy consumption. This Part has been developed to meet and implement municipal responsibilities under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101 of 1988).
[Ord. 1628, 8/14/1990, § 2; as amended by Ord. 2123, 4/15/2008, § 2]
As used in this Part:
- ALUMINUM CANS
- All empty aluminum beverage and food containers.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of ferrous sides and bottoms and aluminum tops.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes and those multiple dwelling residential buildings containing more than four dwelling units.
- CURBSIDE RECYCLING COLLECTION
- The scheduled collection and transport of recyclable material placed at the curb line by residents. Sorting of materials into individual compartments shall occur during collection. Collection of materials at Borough dropoff sites is included in this collection.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, blue glass, light bulbs, and porcelain and ceramic products.
- INSTITUTIONAL ESTABLISHMENTS
- Those facilities that house or serve groups of people, i.e., hospitals, schools, nursing homes, but excluding multiple dwelling residential buildings.
- MAGAZINES and PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
- Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded, however, are newspapers which have been soiled.
- Owners, lessees and occupants of residences, commercial or institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
- RECYCLABLE MATERIALS
- Those materials specified for recycling by this Part.
- RECYCLING TOTER
- A molded plastic heavy-duty wheeled refuse cart of various
capacity, which capacity shall not to exceed 70 pounds in weight,
with lid for the purpose of storage of recyclable material.[Added by Ord. 2197, 4/10/2012, § 10; as amended by Ord. 2220, 8/13/2013, § 9]
- Any occupied single- or multiple dwelling residence building having up to and including four dwelling units per structure for which the Borough provides municipal waste collection service.
- SOLID WASTE
- All refuse (garbage and rubbish) and other discarded solid material normally collected by municipal or private hauler.
- YARD WASTE
- Grass clippings, flowers, mulch, bush trimmings, tree trimmings smaller than three inches in diameter, weeds, and leaves. This definition specifically excludes dirt, stones, and concrete.
[Ord. 1628, 8/14/1990, § 1; as amended by Ord. 1638, 12/11/1990, §§ 1, 2; by Ord. 2197, 4/10/2012, § 11; and by Ord. 2220, 8/13/2013, § 10]
This hereby established a program for the mandatory separation of recyclable materials from municipal solid waste by persons living in residences in the Borough as well as by commercial and institutional establishments.
Residences. All Borough residences as defined above shall recycle all glass containers as defined above, paper, aluminum cans and all clear and colored plastic containers that are marked with recycling labels of 1 through 7 using the municipal recycling toter.
Commercial Establishments and Institutional Establishments. All commercial establishments and institutional establishments shall provide for the source separation of high-grade office papers, aluminum cans, and corrugated paper products that the establishment may generate. In addition, if such an establishment, as a by-product of its service or business, generates glass, newspaper or plastic containers marked "1" through "7," then such establishment shall also provide for the source separation of such material. The recycling of all such items shall be accomplished through private contractors if and to the extent such establishment is not permitted to use Borough trash collection services. Such establishments shall provide to the Borough Manager, on or before January 1 of each year, evidence of its compliance with this Part, including the name of the private contractor and the volume and classification of the items recycled during the year. No such contractor shall be considered an unauthorized person pursuant to the following Section.
[Ord. 1628, 8/14/1990, § 4]
It shall be a violation of this Part for any person(s), unauthorized by the Borough, to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 1628, 8/14/1990, § 5; as amended by Ord. 2197, 4/10/2012, § 1; and by Ord. 2220, 8/13/2013, § 11]
The Borough Manager or his/her designee is authorized and directed to enforce this Part. The same is hereby authorized and directed to establish and promulgate reasonable regulations necessary to accomplish the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this Part. The Borough Manager or his/her designee may change, modify, repeal or amend any portion of said rules and regulations at any time as deemed necessary after review and approval by Borough Council.
[Ord. 1628, 8/14/1990, § 6]
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this Part or any regulations thereof, shall be punishable by a fine not to exceed $25 upon a first of conviction; $50 upon a second conviction; and $100 upon a third or subsequent conviction. The above fines shall not be applicable to a conviction for § 20-203(A) hereof which shall be punishable by a fine not to exceed $300 per property.
[Ord. 1628, 8/14/1990, § 7]
The Borough may enter into an agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
[Ord. 1628, 8/14/1990, § 8]
Any person may donate or sell recyclable materials to individual or organizations. These materials must be delivered to the individual's or organization's site.
[Ord. 1628, 8/14/1990, § 9; as amended by Ord. 2123, 4/15/2008, § 3]
It is prohibited and is deemed a violation of this Part for any owners, lessees or occupants of any residential, commercial or institutional properties in the Borough to put into or cause to be put into the municipal solid waste collection system of the Borough any yard waste as defined above.
The following precollection practices shall be followed by each person presenting yard waste for collection. Any noncompliance with these practices may result in the yard waste not being collected.
Yard waste and sticks smaller than one inch in diameter.
Any participating T.C.U. may put out a total of 15 biodegradable bags at any one time on the designated pickup day.
Tree trimmings and brush larger than one inch in diameter.
Any participating T.C.U. may put out a total of 15 bundles of tree trimmings or brush at any one time on the designated pickup day.
Any trees that are not regulated Borough trees that are the property owner's responsibility and are removed, or any branches larger than three inches in diameter from such trees, must be disposed of by the property owner and will not be picked up as yard waste.
[Ord. 1628, 8/14/1990, § 10]
The Borough may, from time to time, modify, add to or remove requirements from the standards set forth herein and regulations permitted hereunder.