[HISTORY: Adopted by the Borough Council of the Borough of
Aldan 4-10-2013 by Ord. No. 511. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings ascribed to them therein:
Any receptacle designed or utilized for the purpose of crushing,
compressing, storage and/or collection of refuse, trash, debris or
other solid waste materials.
Any type of receptacle that meets the definition of "portable
outdoor storage facility" of this chapter.
Any uncovered, wheeled or otherwise movable receptacle utilized
for the storage and/or collection of refuse, trash, debris or other
solid waste materials.
The Borough of Aldan.
Any uncovered receptacle (such as a dumpster) used or employed
for the storage and/or collection of refuse, trash, debris or other
solid waste materials.
A permit issued by the Borough authorizing the temporary
placement of a dumpster, portable storage facility or container in
or upon a public street, public grounds or private property.
Any individual, partnership, association, corporation or
governmental entity, with the exception of the county, Authority or
designated contractor.
A portable device or container of 20 cubic yards or more
in size and intended for the storage of personal property. This does
not include recreational or work-related trailers.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Pennsylvania
Solid Waste Management Act of 1980 (See 35 P.S. § 6018.101
et seq.) and which the county, the Delaware County Solid Waste Authority
or any contractor, by its ordinance or regulations, is willing to
accept at the plant; but excluding any liquid waste or sludge, all
wastes which are defined by existing or future federal or state law
or regulations as hazardous waste or industrial residual waste, any
waste which may be marketable and which is intentionally segregated
for purposes of recycling and materials specifically excluded under
applicable county ordinances.
This chapter shall be applicable to and shall be enforced upon the use of any container as defined in § 110-1 which is located upon or within a public street or right-of-way, public grounds, or private property. Furthermore, this chapter shall not be applicable to or enforced upon any business within the Borough of Aldan which uses any container as defined in § 110-1 as a regular part of business or as part of any regularly scheduled rubbish collection.
Any person, firm or corporation desiring to use any item defined in § 110-1, upon a public street, public grounds and/or private property within the Borough of Aldan shall apply for a permit as required by this chapter by submitting an application form prepared and furnished by the Borough. At a minimum, the application shall set forth: the name of the owner and operator of the container, the name of the property owner or owners who will be utilizing the container, the location and size of the container, the dates the container will be located on the specific site and generally the type of refuse, trash, debris, solid waste material or personal property that will be stored in the container.
A.
The permit shall be issued only for the actual period of time the
container will be located within the Borough, not to exceed 30 days.
In the event any permit expires while the container is still located
within the Borough of Aldan, the applicant, on or before the expiration
date, must apply for and receive an extension of the permit not to
exceed 30 additional days.
B.
A permit fee of $25 must accompany the initial application payable
to the Borough of Aldan, with an extension fee of $5 chargeable upon
request for an extension of the initial permit.
C.
There shall be a fourteen-day resting interval between the end of
a permitting period and the commencement of a new permit period.
A.
No container shall be transported, emptied, serviced or placed or
left upon a public street between the hours of 7:00 p.m. and 8:30
a.m. Monday through Saturday, or any time on Sunday or any legal holiday,
nor shall a mechanical, hydraulic, electric loader or compactor on
the container be used during such hours. The aforesaid shall not be
applicable to private refuse haulers.
B.
No container shall be filled beyond the top of such container or
beyond any weight limits stated on the container. Containers shall
be emptied or removed as soon as practical when they are full, or
within 48 hours upon receipt of written notice by the Borough.
C.
No container shall be filled using a chute, conveyor belt or other
device that is located on a public street or public property; nor
shall it be filled by throwing items across a public street or public
property unless specifically authorized by the permit.
D.
When not in use, all containers shall be covered with a lid, tarpaulin
or otherwise secured, to prevent debris from blowing out of the container.
E.
Any container located on a public street must have reflective material
which is located in areas that are readily visible to vehicular and
pedestrian traffic. Also, it should be located on the outermost sections
of the container delineating where the corners of the container are
located.
F.
The container must be removed by the permit holder on or before the
expiration date of the permit. The permit holder is responsible for
any cleanup of the area where the container is or was located.
Containers upon public streets shall not be placed closer than
30 feet to any intersection, within 15 feet of any fire hydrant or
upon any one-way street. Furthermore, containers must be located in
front of (and within the extended property line) of the property in
which the container(s) are being used and cannot obstruct the normal
flow of traffic in the street.
In the event of an emergency, any container located on a public
street or public property may be removed by the Borough of Aldan.
Violation of any terms or conditions of this chapter by the applicant, his agents, employees or container owner shall be reason for the immediate revocation of the permit. The container shall be removed immediately upon revocation. Such action shall be in addition to the penalties provided in § 110-9.
Any person, firm, or corporation violating any of the provisions
of this chapter shall be subject to a fine of not more than $300 per
container that is in violation of this chapter and, upon default of
the payment thereof, be sentenced to a term of imprisonment for a
period not to exceed 30 days. Each violation of the provisions of
this chapter shall constitute a separate offense for each day the
violation exists. The Borough may issue citations to both the owner
of the container that is in violation and/or the user or possessor
of the container.
