[HISTORY: Adopted by the Borough Council of the Borough of West Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-3-2003 by Ord. No. 2003-07]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise.
- BULK TRASH
- Any appliances, furniture, small machinery, or large item.
- DEMOLITION AND BUILDING WASTE
- Any debris such as windows, doors, drywall, insulation, lumber, concrete, shingles, etc. from the destruction or construction of any structure.
- HOUSEHOLD GARBAGE
- The animal and vegetable waste resulting from the preparation, handling, and consumption of foods. It shall also include packaging materials of the above mentioned items. It shall not include more than a minimum amount of free-flowing liquid. It shall not include waste from any commercial or industrial processing operation or large quantities of condemned food.
- HOUSEHOLD HAZARDOUS WASTE
- Any paint, batteries, tires, pesticides, petroleum products, and other chemicals.
- INFECTIOUS WASTE
- Any material such as wound dressings, bandages, etc., that may have been in contact with infectious body fluids of humans or animals.
- MULTIPLE-UNIT BUILDING
- A building with four or more units.
- RECYCLABLE WASTE
- Any aluminum cans, rinsed metal food cans, glass food containers, glass beverage containers, PETE #1 soda bottles, HDPE #2, unpigmented jugs, HDPE #2, pigmented bottles and jugs, newspapers, magazines, junk mail, phones books, catalogs, office paper, shredded paper, and corrugated boxes.
- RECYCLING CONTAINER
- Any plastic container approved by the Borough.
- SOLID WASTE
- Any materials as herein defined.
- TRASH STICKER
- A sticker purchased from the Borough to put on bags when the residence has more trash than can fit in the waste container.
- WASTE CONTAINER
- Container designed to be handled and collected, and emptied mechanically by a refuse truck, and approved by the Borough.
- YARD WASTE
- All grass, weeds, leaves, hedge and tree trimmings.
- YARD WASTE BAG
- Paper bags purchased from the Borough.
All solid waste accumulated in the Borough of West Grove shall be collected conveyed and disposed of by the Borough or in accordance with this article, except that any owner of a multiple unit building shall provide at their expense an approved waste container for the collection of refuse or make other arrangements for collection of excessive amounts at their expense, providing the requirements of this article are met.
The West Grove Borough Council through this article regulates the collection of all solid waste within the Borough and makes regulations concerning the day of collection, type, and location of waste containers, and such matters pertaining to the collection and disposal.
The West Grove Borough Council may add, modify, or change any part of this regulation, as it may deem appropriate.
The producers of solid waste or the owners of premises upon which waste has accumulated who desire personally to collect and dispose of said waste material not included in the definition of this document and licensed haulers of waste who desire to haul over the streets of the Borough, shall use a watertight vehicle, provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and waste from being blown.
All waste materials set out for collection by the Borough shall be the ownership of the property owner or their occupant until it is deposited in a vehicle owned or contracted by the Borough.
All waste shall be separated into the following categories:
Building and demolition waste.
Waste to be collected by the Borough shall be prepared in the following manner:
Household garbage. To be free of flowing liquids, to be placed in the waste container as provided by the contractor. When a residence has more garbage than can be put in the waste container, a sticker must be purchased from the Borough and placed on the bag for pickup by the contractor.
Recyclable waste. To be free of flowing liquids, cans are to be crushed, bottles are to be rinsed and labels and lids are to be removed to be commingled in the recycling container. Newspapers, magazines, junk mail, phone books, catalogs, and office paper are to be tied in bundles or placed in paper bags not to exceed 50 pounds. Shredded paper to be placed in paper or plastic bags. Corrugated boxes must be flattened and tied in bundles.
Yard waste. Grass and weeds are to be composted, or bagged in a Borough purchased paper bag, brush is to be tied in bundles not to exceed four feet by two feet and not to exceed 50 pounds. Leaf pickup other than during the fall are to be bagged in a Borough purchased paper bag.
Bulk trash. Furniture, small machinery, appliances shall be separated with no loose materials. The Borough will pick up any appliance, which contains a refrigerant, after the fee is paid to the Borough office.
All waste containers will be provided by and owned by the contractor. It is the responsibility of the Borough residents to keep the containers in as sanitary condition as possible and in good physical condition as not to hamper or injure the collector.
All household garbage must be placed in the waste container for refuse pickup. Any household garbage not placed in the waste container must have a Borough-purchased sticker on the trash bag for pickup by the contractor.
Bags for grass and leaves shall be purchased from the Borough.
It shall be unlawful for any person other than the occupant of the premises to which the receptacle is stored to deposit waste into said receptacle.
No person shall place any waste in any street, alley, or other public place or upon any private property whether owned by such person or not within the Borough except it be in proper containers for collection or under express approval granted by the Borough.
No person shall throw or deposit any refuse in any stream or other body of water.
Any unauthorized accumulation of waste anywhere in the Borough shall be declared a nuisance and a violation of this article with penalties as herein stated.
It shall be unlawful for any person other than the owner or collector to remove the cover of any container, or any of its contents.
Waste containers shall be placed for collection at street level but not in the street or alley and not more than 10 feet from the edge of the pavement. Placement of the waste containers other than as stated must be approved by the Borough.
Waste containers shall be placed on site at a location equally approved by the owner and the Borough.
Waste containers for Borough pickup shall not be placed for collection more than 12 hours before day of collection and must be removed within 12 hours after collection.
Frequency of collection:
Household waste will be collected once per week unless a holiday falls on a collection day in which case it will be collected the following collection day. Collection day will be announced annually.
Yard waste will be collected once a week on Fridays unless a holiday falls on a collection day in which case it will be collected on Thursdays.
Recycle will be collected once a week on Fridays unless a holiday falls on a collection day, in which case, it will be collected on Thursdays.
Bulk trash will be collected curbside once every month, no more than one bulk item per residential household, trash items of such size that two persons may be needed to handle. Types of bulk items include but are not limited to: hot water heaters, sofas, televisions, rugs, tire rims, mattress/box spring, furniture, etc.
Leaf collection will take place starting approximately the first of October through December 15. During this time, leaves are to be raked to the curb for collection. Collection of leaves other than during the above stated time must be in bags purchased by the Borough.
Hazardous materials shall not be collected by the Borough it shall be the responsibility of the owner to lawfully dispose of any waste. Southeastern Pennsylvania Household Hazardous Waste (HHW) Collection Dates are announced for lawful disposal of hazardous materials.
Demolition and building waste. The owner will be responsible for the lawful disposal of said waste. The Borough will not collect demolition and building waste.
Enforcement of the provisions of this Solid Waste Management Ordinance shall fall under the West Grove Zoning Officer/Building Inspector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An aggrieved person shall have the right of appeal against the person in regards to this article to this West Grove Borough Council, which may confirm, modify or revoke the action taken.
Any person, whether principal, agent or employee, violating or assisting in the violation of any provisions of this article or of any regulation of solid waste shall, upon conviction thereof, pay a fine of not less than $25 or more than $100, plus court costs. After notice, each day such violation continues shall be deemed a separate offense, and separate proceedings may be instituted and separate penalties imposed for each day's offense after the first conviction.
[Adopted 4-3-2012 by Ord. No. 2012-02]
It is the purpose of this article and the policy of the Council of the Borough of West Grove, in order to protect and promote the public health, safety and welfare of the residents of the Borough of West Grove, to prohibit the accumulation of garbage and refuse on properties within the Borough of West Grove.
For the purposes of this article, the following terms shall have the meanings set forth in this § 337-11.
- The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
- Combustible and noncombustible waste materials, except garbage; the term shall including the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust and other similar materials.
It shall be unlawful for any person, company, firm, individual, or corporation to maintain on public or private property any garbage, trash, litter, rubbish or other refuse, or to permit the accumulation of any garbage, trash, litter, rubbish or other refuse that creates an unsightly or noxious condition or which in any way endangers the public health or welfare.
Garbage, trash, litter, rubbish or other refuse stored on residential properties other than the properties described in Subsection C below must be stored in closed containers designed for such purposes and provided by the Borough. Storage in such containers must not permit noxious odors to escape into the air. Such storage in closed containers is limited to seven days after which time the garbage, trash, litter, rubbish or other refuse must be placed along the street side curb for pick up by the Borough or the Borough's contractors.
Garbage, trash, litter, rubbish or other refuse stored on commercial properties and residential apartment properties having five or more residential dwelling units must be stored in closed garbage dumpsters of sufficient size to contain all such garbage, trash, litter, rubbish or other refuse to be stored upon such property. Storage in such closed garbage dumpsters must not permit noxious odors to escape into the air. Such storage in closed garbage dumpsters is limited to seven days after which time such closed garbage dumpster must be emptied by a private trash collection contractor.
The Borough Zoning Officer/Building Inspector, upon receipt of a complaint of a violation of this section, may enter on to the property where said violation is alleged to exist and, upon examination, if such condition does exist, he must give to the owner, lessee, or other person in charge of the premises written notice of the violation. The recipient of the said notice shall have three days after receipt of the notice to correct any such violation.
Nothing contained in this article shall be deemed to prohibit composting of organic materials for gardening purposes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.
The police and/or the Borough Zoning Officer/Building Inspector are authorized to enforce the regulations contained in this article. Borough Council may also authorize other individuals by resolution to enforce the regulations contained in this article.
This article shall become effective on March 23, 2012.