[HISTORY: Adopted by the Borough Council of the Borough of Malvern as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumping and accumulation — See Ch. 153, Art. I.
[Adopted 11-17-1998 by Ord. No. 98-10[1] (Part 5, Ch. 2, Art. A, of the 1975 Code of Ordinances)]
[1]
Editor's Note: The veto on this article was overridden on 12-15-1998, considered the enactment date.
A. 
Planning and providing for municipal waste disposal is difficult and expensive. Landfills and other disposal facilities can have substantial impacts on the environment. Therefore, reduction of the amount of municipal waste and conservation of recyclable materials is an important public objective.
B. 
It is in the general public interest to require all residents to have waste services and recycling services, to encourage all commercial, institutional and municipal establishments to have recycling services, and to facilitate recycling and recycling education.
[Amended 8-2-2011 by Ord. No. 2011-4]
A. 
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.[1]), 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 METAL CONTAINERS
Empty ferrous metal and aluminum food and beverage containers.
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]
RECYCLABLES
Recyclable glass, paper and metal.
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.[2]
[1]
Editor's Note: See now 49 U.S.C. § 5101 et seq.
[2]
Editor's Note: See Ch. 220, Zoning.
B. 
All land and property uses, including but not limited to the following, shall be defined according to the Zoning Ordinance:
(1) 
Building.
(2) 
Dwelling.
(3) 
Dwelling unit.
(4) 
Lot.
A. 
All properties in the Borough shall have waste service and recycling service provided by a licensed collection contractor. It shall be unlawful for any person to deposit, dump, burn, bury, spill, throw or place any refuse within the Borough, except in compliance with all applicable regulations.
[Amended 8-2-2011 by Ord. No. 2011-4]
B. 
No person shall burn or cause to be burned any paper, boxes, rubbish, leaves, sticks or other wood or any material within the Borough except in compliance with all applicable regulations. The entire Borough shall be and is hereby constituted as fire limits. This provision shall not apply to outside facilities for cooking or to incinerators which have been approved, in writing, by the Fire Marshal and which comply with all other applicable regulations. A permit for outside burning may be issued, for unusual conditions, upon application to the Borough. Other than for construction sites, such permits shall be valid for 24 hours only. The Borough Council may, from time to time, by written resolution, permit burning of leaves and sticks.
A. 
Regulations for Borough collection properties.
(1) 
Placement of waste for Borough collection. Refuse containers shall be placed, for collection, at the curb of the street so as to be readily accessible to the authorized collector and not to block use of any sidewalk, create any safety hazard or violate any applicable regulations. The street along which refuse is so placed must be a Borough public street or a private street approved for such collection by the Borough. The Borough will not collect refuse from any dumpster or bulk container.
(2) 
Collection schedule. Curbside collections, for Borough collection properties, shall be conducted on such day(s) of the week as may be set and determined from time to time by a resolution of the Borough Council. Such schedule of collection day(s) may specify one or more separate days for the collection of recyclables, refuse, or other types of solid waste.
[Amended 12-18-2018 by Ord. No. 2018-13]
(3) 
The maximum allowable number of refuse containers to be placed for collection on any one collection day shall be four returnable metal or plastic containers per dwelling unit or six disposable plastic bags, plus one bale of paper or plant waste (provided that no such bale shall exceed 30 inches in length). The combination of returnable containers and plastic bags may not exceed six.
[Amended 6-21-2016 by Ord. No. 2016-10]
(4) 
Items not to be presented for Borough collection. No person shall place, for weekly scheduled Borough collection, any bulky waste, construction debris, hazardous waste, waste resulting from manufacturing, industrial or commercial activity at the premises, waste generated off the premises or any item that cannot be readily carried by one person or would result in a safety or health hazard to the refuse collector.
(5) 
Special bulky waste collection. The Borough may schedule special bulky waste collections. Such collection dates, terms and conditions will be publicized in the local newspaper and on the community bulletin board.
(6) 
All owners, occupants and tenants of Borough collection properties shall separate recyclables for collection.
B. 
Regulations for private collection properties.
(1) 
The owners of private collection properties shall contract, at their sole cost and expense, for the separate collection of refuse, recyclables and, if required by the Borough, corrugated paper. Such contracts shall only be with a licensed refuse collection contractor.
(2) 
All owners, occupants or tenants of private collection properties shall separate recyclables and, if required by the Borough, corrugated paper, from refuse presented for collection.
(3) 
Refuse presented at the street curb for private collection must be in a refuse container or securely bailed and must be collected and removed within 20 hours.
C. 
Regulations for all properties.
(1) 
Owner's duty to require and assist recycling. The owners of rental properties shall establish and enforce a waste collection system for tenants that will result in the requisite separation of recyclables for collection by the refuse collection contractor. Such a system should involve suitable containers for the recyclables and written instructions to tenants identifying the materials to be recycled.
(2) 
Duty of nonresidential establishments to require and assist recycling. Nonresidential establishments shall develop, implement, enforce and maintain a waste collection system for employees and others at the premises so that recyclables will be separated as required for collection by the refuse collection contractor. Such a system should involve provision of suitable containers for recyclables and instructing employees and others as to recycling requirements.
(3) 
Recyclable paper shall be placed and presented for collection in bundles secured with string or twine or placed in common-type paper bags, but not plastic bags, so that the bundles can be handled and loaded efficiently and without breaking or separating.
(4) 
Recyclable glass shall be clean, rinsed, free of all caps, cap rings, styrofoam labels, food, contents, debris and other material (except paper labels) and placed and presented for collection in a container provided by the Borough and used for that sole purpose, which container shall not be filled so that its weight exceeds 50 pounds.
(5) 
Recyclable metal containers shall be clean, rinsed, free of food, contents, debris and other material (except paper labels) and placed and presented for collection in a container, which container shall not be filled so that its weight exceeds 50 pounds.
[Amended 4-17-2007 by Ord. No. 2007-3; 6-21-2016 by Ord. No. 2016-10]
A. 
License always required. Only a licensed refuse collection contractor may contract to and/or collect refuse within the Borough. No one shall contract for the collection of refuse from a private collection property except with a licensed refuse collection contractor.
B. 
All vehicles used to collect and haul refuse within the Borough by a licensed refuse collection contractor shall:
(1) 
Comply with all applicable federal, state and local regulations;
(2) 
Have enclosed bodies, or with respect to those used for bulky pickup, have the body covered with a tarpaulin or canvas or other suitable cover to prevent the loss of the contents during transportation;
(3) 
Have watertight bodies of easily cleanable construction and shall be kept clean to prevent odor and propagation or attraction of vectors; and
(4) 
Be in good repair and safe condition at all times.
[1]
Editor’s Note: Former § 173-6, Reporting requirements of licensed refuse collection contractors, was repealed 6-21-2016 by Ord. No. 2016-10.
The Borough or its assigns shall be entitled to have all recyclables placed at the curb or other place designated by the Borough, for Borough collection. No person, other than a licensed refuse collection contractor, shall collect or pick up or cause to be collected or picked up any recyclable placed at the curb or any other designated place for Borough collection. If an unauthorized person collects recyclables from more than one Borough collection property that person shall have committed a separate violation for each such property. Each such violation shall be the basis for a separate penalty.
[Amended 8-2-2011 by Ord. No. 2011-4]
A. 
It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this chapter or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by Borough Council pursuant to this chapter.
(1) 
Any person, firm, institution or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus legal and remediation costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days.
(2) 
The property owner is jointly and severally liable with the tenant and/or occupant for any violation.
(3) 
Each day's continuance of a violation of this article shall constitute a separate offense for which a separate penalty may be imposed.
(4) 
The Borough Code Enforcement Officer is authorized to enforce the terms of this article by appropriate proceedings in law or equity.
B. 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Added 9-17-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: See also § 1-9B.
[Adopted 5-18-2004 by Ord. No. 2004-1]
Unless otherwise expressly stated, the following terms, whenever used within this article, specifically, shall be deemed to mean the following:
ACT or ACT 57
The Pennsylvania Solid Waste Management Act of 1980.[1]
BOROUGH
The Borough of Malvern.
DUMPSTER
Any container used in the course of demolition, construction, renovation or organic rubbish removal for the purposes of storing, containing and/or carrying debris. This article does not intend to regulate garbage containers used, in the normal course, at a private premise and left for ordinary trash removal by a public agency or hauler or private collector.
ENFORCEMENT OFFICIAL
Shall include the Malvern Borough Police Department and the Malvern Borough Code Enforcement Official.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods and other daily household items to be discarded. It shall include waste from animals. It shall not include more than a minimum amount of free liquids. It shall not include food processing waste from canneries, packing plants or similar industries nor large quantities of condemned food products.
HAULER OR PRIVATE COLLECTOR
Any person, firm, partnership, association or corporation which is licensed and insured by the appropriate governmental agencies to collect, transport and dispose of refuse.
HAZARDOUS WASTE
Any solid waste or a combination of solid wastes, as defined in the Act, which, because of its quantity, concentration, or its physical, chemical or infectious characteristics, may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or total population; or
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
PERSON
Any individual or individuals in a corporation, partnership or voluntary association.
PRIVATE PREMISES
Any dwelling, house, building, structure or vacant lot designated or used, either wholly or in part, for private residential purposes or place of business, whether inhabited, occupied or temporarily or continuously uninhabited or vacant and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox, belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PROPERTY
Any property or structure owned, leased, or controlled by the Borough of Malvern, the County of Chester, or the Commonwealth of Pennsylvania.
RUBBISH
All waste materials not included in "garbage," except street refuse, industrial refuse, dead animals, abandoned large machinery, vehicles, equipment or furnishings or such other waste materials as are not commonly produced in homes, stores and institutions or which cannot be enclosed within an approved refuse receptacle. Rubbish shall not include materials that are recyclable and have been separated and disposed of for recycling purposes.
[1]
Editor's Note: 35 P.S. § 6018.101 et seq.
No person, other than agents or employees of the Borough, shall place, maintain, or use a dumpster or similar container on public thoroughfares or other public property without first having obtained a permit from the Borough to do so.
The person to whom the permit is issued pursuant to § 173-10, above, and § 173-13, below, shall be responsible for the following:
A. 
The dumpster or similar container shall have proper reflectors placed conspicuously upon it, with flashing signal lights, or place illuminated barricades or other sufficient reflectors as required by the enforcement official in order to ensure the safety of pedestrian and/or vehicular traffic. Each dumpster shall have reflectors placed both on the front and rear surfaces for night safety in such a manner to indicate the height and width of it, with visibility of 500 feet by automobile headlights.
B. 
There shall be no defect or faulty design in the dumpster, or similar container, which might create a hazard to the general public, interfere with its operation or inhibit the purpose for which it is to be used.
C. 
The placement of the dumpster or similar container shall not block the flow of vehicular traffic or pedestrian traffic. When any dumpster or similar container having a capacity of 10 cubic yards or more is used, the person shall provide adequate protection to the roadway and any adjacent surfaces as determined by the enforcement official.
D. 
The dumpster or similar container shall not be placed within 15 feet of any fire hydrant.
E. 
During all times when the dumpster or similar container is in place and in use, a tarpaulin or other suitable weather-resistant cover shall be placed over the container in order to protect the contents from being displaced and/or causing litter on public or private property or creating dust, offensive odors or other health hazards. In all instances, the container shall, when necessary, be provided with adequate restraints to prevent inadvertent movement from its original location. The need for restraints shall be determined by the enforcement official at the time the permit is issued.
F. 
The dumpster or similar container shall be conspicuously marked with the name, address and phone number of its owners, and a copy of the current effective permit shall be visibly attached to it.
G. 
No overflow of any material shall be permitted from the dumpster, nor shall any accumulation of any material next to the container be permitted.
H. 
Without limiting anything above, no dumpster shall be placed in any location which would result in a prohibited obstruction of traffic or rights-of-way under any otherwise applicable provision of the Borough Code[1] or the Pennsylvania Motor Vehicle Code.[2]
[1]
Editor's Note: See 53 P.S. § 45101 et seq.
[2]
Editor's Note: See 75 Pa.C.S.A. §§ 101 et seq.
I. 
Hazardous waste and garbage shall not be stored in dumpsters on public property.
This article shall not be construed to prohibit the placement of any dumpster, or similar container, on private property when such placement would not otherwise violate provisions of the ordinances of the Borough, so long as the following conditions are met:
A. 
Dumpsters or similar containers on private property shall not be placed on the lawn or front yard of the property except by issuance of a permit by the enforcement official pursuant to § 173-10 herein.
B. 
Placement of any dumpster or similar container in a rear or side yard shall be placed in such a manner as to not constitute a public nuisance or to interfere with the neighbors' usual or customary use of their property.
A. 
All permits required by this article shall be issued by the Borough's Code Enforcement Official, following written application. This application shall be on a form provided by the Borough. Before the issuance of the permit, the Code Enforcement Official may consult with the Malvern Borough Police Department or Public Works Department to determine whether the proposed use and location of the container will not constitute a traffic and/or public safety hazard.
B. 
The following requirements apply to all permits issued pursuant to this article:
(1) 
The permit application is considered complete when all required information is provided on the permit application.
(2) 
The permit must be issued prior to the placement of the dumpster or similar container.
(3) 
All permits issued under this article shall be valid for a period of 10 working days from the date of placement of the dumpster or similar container, as stated in the application. If it becomes necessary to amend the date of placement of the dumpster or similar container, the applicant shall so notify the Borough Code Enforcement Official and the 10 days will begin with the actual placement of the dumpster or similar container.
(4) 
An applicant may apply for an extension of the ten-working-day period, to be granted by the enforcement official in increments of 10 working days, if the enforcement official deems the extension necessary and reasonable. The applicant must apply for any extension at least three days before the expiration of the original permit.
Each application for a permit for placement of a dumpster or similar container on public property shall be accompanied by a certificate of insurance in a form approved by the Borough Manager and issued by one or more insurance companies authorized to do business in the Commonwealth of Pennsylvania, certifying that said company or companies have issued, written or bound the following policies, which shall include a thirty-day written notice to the Borough prior to cancellation.
A. 
Comprehensive general liability (including death) for not less than $1,000,000 per person and $3,000,000 per occurrence and $100,000 in property damage coverage.
A. 
Each application under this article shall be accompanied by a fee of $25, including any application for an extension of an already issued permit. The applicant will also be charged a fee of $10 per day each day the dumpster or similar container is in use after the initial first ten-day period.
B. 
Reimbursement shall be made to the Borough for any daily parking fees accrued for the dumpster or similar container if it is placed in one or more metered parking spaces.
Violation of any terms and conditions of this article by the applicant, or the applicant's agents, employees or any contractors hired by the applicant, shall be reason for immediate revocation of the permit issued hereunder. The dumpster or similar container shall be removed immediately upon revocation. Such removal shall be in addition to the penalties described in § 173-17, below. If the applicant refuses to remove the dumpster or similar container within two days after receipt of the revocation notice, in writing, by the enforcement official, the Borough may cause the removal of the dumpster or similar container and the applicant will be responsible for the costs of same in addition to the penalties described in § 173-17, below.
A. 
Any person who shall violate or fail, neglect, or refuse to comply with any of the provisions of this article shall, in addition to any other penalties provided by law, upon conviction before the District Justice, be sentenced to a fine of not more than $250, and the costs of prosecution thereof for each and every offense. The continuation of an offense against the provisions of this article, for each day the offense is continued, shall constitute a separate and distinct offense.
B. 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Added 9-17-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: See also § 1-9B.