As used in this chapter, the following terms shall have the
meanings ascribed to them therein:
BULKY WASTE
Stoves, refrigerators, water tanks, washing machines, appliances,
furnaces, plumbing equipment (e.g., toilets, sinks, tubs), furniture
and other waste materials.
COMPACTOR CONTAINER
Any receptacle designed or utilized for the purpose of crushing,
compressing, storage and/or collection of refuse, trash, debris or
other solid waste materials.
CONSTRUCTION DEBRIS
Conventional building materials waste resulting from building
construction, remodeling, repair and/or demolition operations, such
as lumber, drywall and flooring.
DUMPSTER
A device or container used or intended for the storage and/or
collection of construction debris, bulky waste, refuse, trash, debris
or other solid waste materials.
HAZARDOUS MATERIAL
Material which is hazardous, volatile, highly inflammable,
radioactive, or otherwise dangerous, including asbestos fibers, infectious
waste, all petroleum-based distillates, liquids, gasses and suspensions,
alcohol-based liquids and any other material which, under federal,
state or Borough law must be disposed of in any manner other than
by being placed in a sanitary landfill.
OPEN-TOP CONTAINERS
Any uncovered receptacle utilized for the storage and/or
collection of refuse, trash, debris, or other solid waste materials.
PERMIT
A permit issued by the Code Enforcement Officer or a designated
representative authorizing the temporary placement of a dumpster,
portable outdoor storage facility or container in or upon a street
or public grounds or upon private property.
PORTABLE OUTDOOR STORAGE FACILITY (POD)
A portable device or container intended for the storage of
personal property on a temporary basis. A POD shall not include containers
customarily used for household waste and debris. A POD shall not include
dumpsters.
REFUSE
Any and all waste wood, wood products, tree trimmings, grass
cuttings, dead plants, weeds, leaves, dead trees or branches thereof,
chips, shavings, sawdust, printed matter, paper, pasteboard, rags,
straw, discarded mattresses, discarded clothing, shoes and boots,
waste pulp, and other products such as are used for packaging or wrapping
ashes, cinders, floor sweepings, glass, mineral or metallic substances,
and any and all other waste materials not otherwise included in the
definitions herein.
This chapter shall be applicable to and shall be enforced upon the use of any container as described in §
90-1 above. Furthermore, this chapter shall not be applicable to or enforced upon any business within Marcus Hook Borough which uses any container as described in §
90-1 above as a regular part of its business or as part of any regular scheduled trash removal.
It shall be illegal for any person to place one or more dumpsters
or PODs in or upon any street or public grounds or upon private property
without first obtaining a permit.
Each applicant for a permit hereunder shall be accompanied by
evidence of insurance and/or copy of a homeowner's policy, in
a form approved by the Code Enforcement Officer, issued by one or
more insurance companies authorized to do business within the Commonwealth
of Pennsylvania certifying that said company or companies have issued
or have written the following policies, which shall not be canceled
except on 15 days' written notice to the Borough:
A. Comprehensive general liability, naming the Borough as an additional
insured, from the applicable hauling company in limits acceptable
to the Borough.
B. A homeowner's policy to protect the Borough against any loss due to damage caused to any street or other public property owned by the Borough by reason of the placement, maintenance, or use of any item as defined in §
90-1 above pursuant to any permit issued hereunder.
C. If any item as listed in §
90-1 above is placed solely on private property, a certificate of liability insurance will not be required at the discretion of the Code Enforcement Officer.
The application fee for a permit allowing the temporary placement
of dumpsters and PODs may be amended from time to time by resolution
of the Borough Council. The application fee for a permit, as first
established by the chapter, allowing the temporary placement of dumpsters
and PODs shall be as follows:
A. Commercial property: $25 for each permit and/or extension requested.
B. Residential property: There shall be no fee for a permit to place
a dumpster or POD on a residential property for up to 90 days. Thereafter,
the owner shall pay a permit fee of $25 for each extension requested.
C. Public right-of-way: There shall be no fee for a permit to place
a dumpster or POD within the public right-of-way in order to service
a residential property for up to five days. Thereafter, the owner
shall pay a permit fee of $25 for each extension requested.
Any container not maintained in accordance with the provisions
of this chapter is hereby declared a nuisance and shall be subject
to the appropriate abatement procedures.
The Code Enforcement Officer or a designated representative
must approve the proposed location of any dumpster or POD placed in
or upon a street or public grounds. Such units shall not be placed
in such a manner that a person lawfully using the sidewalk must detour
into the street in order to go around the unit. Containers shall not
be placed closer than 30 feet to any intersection or within 15 feet
of any fire hydrant.
In the event of any emergency, any container may be removed
by the Marcus Hook Borough Police Department, Code Enforcement Department,
Highway Department, Fire Department or Emergency Management Coordinator.
Violation of any terms or conditions of this chapter by the applicant, his agents, employees or any container hired by the applicant shall be reason for immediate revocation of the permit. The container shall be removed from the public or private property immediately upon revocation. Such action shall be in addition to the penalties provided in §
90-14.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable for each offense by a fine
of up to the maximum amount provided from time to time by state statute.
Each day that a violation continues shall constitute a separate violation.