[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.
Any appliances, furniture, small machinery, or large item.
Any debris such as windows, doors, drywall, insulation, lumber,
concrete, shingles, etc. from the destruction or construction of any
structure.
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.
Any paint, batteries, tires, pesticides, petroleum products,
and other chemicals.
Any material such as wound dressings, bandages, etc., that
may have been in contact with infectious body fluids of humans or
animals.
A building with four or more units.
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.
Any plastic container approved by the Borough.
Any materials as herein defined.
A sticker purchased from the Borough to put on bags when
the residence has more trash than can fit in the waste container.
Container designed to be handled and collected, and emptied
mechanically by a refuse truck, and approved by the Borough.
All grass, weeds, leaves, hedge and tree trimmings.
Paper bags purchased from the Borough.
A.
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.
B.
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.
C.
The West Grove Borough Council may add, modify, or change any part
of this regulation, as it may deem appropriate.
D.
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.
E.
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:
Waste to be collected by the Borough shall be prepared in the
following manner:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Bags for grass and leaves shall be purchased from the Borough.
D.
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.
E.
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.
F.
No person shall throw or deposit any refuse in any stream or other
body of water.
G.
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.
H.
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.
A.
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.
B.
Waste containers shall be placed on site at a location equally approved
by the owner and the Borough.
C.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
A.
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)]
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
