[Ord. 854, 3/25/1991, ยงย 1]
This Part shall be known as the "Control and Collection of Garbage,
Rubbish, and Recycling Ordinance of the Borough of Hatboro."
[Ord. 854, 3/25/1991, ยงย 2; as amended by Ord. 966,
5/22/2006]
1.ย
In interpreting this Part, the present tense includes the future;
the singular number includes the plural and the plural the singular;
and the word person includes natural person, partnership, firm, association,
and corporation.
2.ย
ARTICLE, LARGE
ARTICLE, SMALL
BOROUGH
BOROUGH COUNCIL
BOROUGH ZONING ORDINANCE
BUILDING LINE
CURBSIDE
GARBAGE
RUBBISH
Unless otherwise expressly stated, the following words shall for
the purpose of this Part have the meaning herein indicated.
Large articles including, but not limited to, furniture,
appliances, and electronic consumer products which article is larger
than 18 inches by 12 inches by 12 inches and/or weighs more than 50
pounds.
Anything smaller or equal to an article the size of 18 inches
by 12 inches by 12 inches and weighs 50 pounds or less.
The duly incorporated Borough of Hatboro, County of Montgomery,
Commonwealth of Pennsylvania, United States of America.
The duly elected members of the Borough Council of the Borough
of Hatboro.
The duly enacted Zoning Ordinance of the Borough Council
of the Borough of Hatboro.
The line parallel to the street line at a distance therefrom equal to the depth of the front yard required by the Borough Zoning Ordinance [Chapter 27].
The edge of a public street. When a curb exists, the sidewalk
or yard side of the curb. When no curb exits, the unpaved side of
the edge of the paved street or road.
Food waste.
Trash, refuse, any useless waste or rejected matter, or useless
part of something. Any matter discarded by owner as no longer needed.
[Ord. 854, 3/25/1991, ยงย 3]
1.ย
It shall be the intent of this Part to establish standards to protect
the health, welfare, and safety of the citizens of Hatboro as pertains
to the storage, collection, and disposal of garbage and rubbish within
the Borough of Hatboro and to establish rules and regulations therefor.
2.ย
It shall further be the intent of this Part to recognize the importance
of recycling of reusable materials thereby reducing the amount of
solid waste and encouraging conservation, and to establish rules and
regulations therefor.
3.ย
To establish rules and regulations for the removal of discarded building
materials, household furniture and appliances, and all other large
discarded items.
[Ord. 854, 3/25/1991, ยงย 4]
1.ย
It shall be unlawful for any person not eligible for collection as permitted in ยงย 20-105 of this Part, to place any garbage or rubbish, or to allow any person not eligible to place any garbage or rubbish, out for collection by the Borough of Hatboro.
2.ย
It shall be unlawful for any person to bring or allow to have imported
into the Borough for the purpose of collection by the Borough, any
garbage or rubbish generated outside the Borough.
3.ย
It shall be unlawful for any person owning or occupying any building,
lot, or premises to allow any garbage or rubbish to collect upon said
property, except as follows:
A.ย
The accumulation of rubbish resulting from construction or renovations
of buildings or structures being carried out under a valid permit
issued by the Borough may be permitted to accumulate but must be removed
within 30 days from the completion of said project.
B.ย
Wood stored for fireplace or stove use, when piled neatly behind
the building line.
C.ย
Storage of new or used building materials or other new or used items
of value when stowed neatly behind the building line, and intended
for use on the property by the owner or tenant.
4.ย
It shall be unlawful for any person, not authorized to do so, to
remove the lid from any refuse container or to collect, molest, or
scatter garbage or rubbish set out for collection.
5.ย
It shall be unlawful for any person who owns a pet to allow that
pet to remove, molest or scatter any garbage or rubbish from any container.
6.ย
It shall be unlawful for any person to place any garbage or rubbish
at curbside for collection before 7:00 p.m. on the evening prior to
collection day, or to allow empty containers to remain at curbside
after 7:00 p.m. on day of collection. All containers or tied trash
bags set out for collection shall be placed at curbside of a public
street. The exact pickup locations will be determined by the Borough.
[Ord. 854, 3/25/1991, ยงย 5]
1.ย
The following and no others shall be eligible for collection of garbage,
trash, refuse, and mandated recyclable materials by the Borough of
Hatboro:
2.ย
The following shall be ineligible for collection of garbage or rubbish
by the Borough:
A.ย
Any activity which generates contaminated or potentially contaminated
waste due to use of petroleum products or toxic chemicals.
B.ย
Any residential complex with more than six residential units or combined
residential and commercial units.
C.ย
Restaurants, fast food establishments, animal hospitals, pet stores,
and any other retail establishment which generates excessive or potentially
dangerous waste.
[Ord. 854, 3/25/1991, ยงย 6]
1.ย
The following rules and regulations shall govern the containment,
storage, and collection of garbage and rubbish in the Borough:
A.ย
Every owner of a building containing two or more dwelling units shall
be responsible for maintaining in a clean and sanitary condition the
shared or public areas of the dwelling and premises thereof, free
of garbage and rubbish at all times.
B.ย
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of dwelling or dwelling unit and
the premises thereof which they occupy and control.
C.ย
Every occupant of a dwelling or dwelling unit shall dispose of all
their rubbish in a clean and sanitary manner by placing it in the
rubbish container as required by this Part.
D.ย
Every occupant of a dwelling or dwelling unit shall dispose of all
garbage and any other organic waste which might provide food for rodents
in a clean and sanitary manner by placing it in a garbage disposal
or garbage storage container as required by this Part.
E.ย
Garbage shall be drained free of liquids and wrapped securely in
paper or placed in a tied plastic bag and shall then be placed for
collection with trash or refuse in waterproof covered containers.
Such containers shall be kept clean and disinfected. The Borough may
refuse to collect undrained garbage of a liquid or semi-liquid nature,
unwrapped or improperly contained.
F.ย
Rubbish shall be placed in waterproof containers which shall not
exceed a capacity of 50 gallons. All containers shall have handles
and shall be provided with lids which are wind-proof, rat-proof, and
fly-proof. Tied plastic refuse bags may be used in lieu of refuse
containers. Up to four containers or plastic refuse bags per dwelling,
dwelling unit, commercial or retail unit may be placed at curbside.
[Amended by Ord. 1008, 2/27/2012]
G.ย
All cardboard boxes shall be flattened and tied in bundles or placed
in containers. Sticks and branches shall be cut to a length not exceeding
four feet and tied in bundles not larger than 18 inches in diameter.
H.ย
No container, plastic bag, or tied bundle shall exceed 60 pounds,
including all contents.
I.ย
No live coals or fire shall be placed in any container or placed
out for collection.
J.ย
No substance containing contagious disease, explosives, flammable,
corrosive substance, pesticides, toxic chemical, dead animals, or
human feces shall be placed out for collection.
K.ย
Animal feces must be wrapped in paper or placed in lied plastic bags,
and placed in containers with garbage or rubbish.
L.ย
Between collection days, all containers for the storage of garbage
or rubbish must be stored in a clean and sanitary location. If stored
outdoors they must be stored in a side or rear yard behind the building
line or within a specially constructed accessory structure for that
purpose erected by permit issued by the Borough.
M.ย
Borough employees shall have the right to refuse to collect any garbage
or rubbish, or any containers thereof, which is not in compliance
with these regulations.
[Ord. 854, 3/25/1991, ยงย 7]
1.ย
The use of private collectors will not relieve any person from compliance
with the applicable provisions of this Part.
2.ย
All persons owning property within the Borough who are not eligible
for garbage or rubbish collection by the Borough are required to contract
with private trash haulers for the removal of garbage and rubbish.
3.ย
All private trash haulers must be licensed to operate that type of
business in the Commonwealth of Pennsylvania and must register with
the Borough. Registration shall be on the form provided by the Borough.
Private trash haulers must also abide by all rules and regulations
established by the Eastern Montgomery County Solid Waste Authority.
[Ord. 854, 3/25/1991, ยงย 8; as amended by Ord. 966,
5/22/2006; and by Ord. 978, 11/26/2007]
1.ย
Collection by the Borough of garbage and rubbish from eligible residences
and commercial establishments will be made between the hours of 6:15
a.m. and 3:00 p.m. as determined by resolution by Hatboro Council.
2.ย
When the Borough is unable to collect on a regularly scheduled day
because of equipment failure, manpower shortage, or weather conditions,
every effort will be made to complete the collection the following
work day. However, residents should not leave uncollected containers
at curbside more than one weekday after the normal pick up day, and
may not be left at curbside on Saturdays, Sundays, or holidays.
3.ย
Large articles from residents only such as furniture and appliances
will be collected as determined by resolution by Hatboro Council.
4.ย
Large articles shall not be placed at curbside for pickup prior to
7:00 p.m. on the evening prior to pickup day.
[Ord. 854, 3/25/1991, ยงย 9; as amended by Ord. 934,
1/24/2000]
1.ย
An annual fee shall be charged by the Borough to all property owners
eligible for garbage and rubbish collection by the Borough. Anyone
not paying the fee by June 15 of the current year shall be charged
a penalty of 10%.
2.ย
It shall be the responsibility of the property owner to insure payment
of the annual fee for each eligible residential or commercial unit.
3.ย
Fees may be set on an annual basis by resolution of Borough Council,
and shall be effective from January 1 until December 31 of the year
for which the fee is set.
[Ord. 854, 3/25/1991, ยงย 10; as amended by Ord.
978, 11/26/2007]
1.ย
There is hereby established a program for the separate collection
of newspaper from the residences in the Borough of Hatboro for hauling
and resale by the Borough of Hatboro for the purpose of recycling.
2.ย
All persons who are residents of the Borough of Hatboro shall separate
newspaper from all solid waste produced at their respective residences,
and shall separately bundle the newspaper for collection. The newspaper
shall be tied or otherwise secured by such residents in bundles which
shall not exceed 35 pounds in weight and which shall not exceed one
foot in thickness.
3.ย
Residents shall place the bundled newspaper (inserts OK), white paper
(gloss or non-gloss), colored paper (gloss or non-gloss), "junk mail"
(gloss or non-gloss), paper bags (gloss or non-gloss), chipboard (cereal
boxes, etc., gloss or non-gloss), corrugated cardboard (no wax coated,
flatten), phone books, and cardboard at curbside of their respective
residences, or at their otherwise authorized usual solid waste collection
points, for collection by the Borough. Collection times will be determined
by resolution by Hatboro Council. When collection day falls on a holiday,
collection will be on the next regularly scheduled recycling day for
that quadrant.
4.ย
All newspaper placed by residents as aforesaid for collection by
the Borough shall be the property of the Borough from the time of
such placement.
5.ย
It shall be a violation of this Part for any person other than the
Borough, or a contractor selected to act for the Borough, to collect
newspaper placed as aforesaid, unless such person has prior written
permission to make such collection as set forth herein.
6.ย
Residents may donate or sell newspaper to any persons, firm, or corporation;
provided, that the receiving person, firm, or corporation shall not
collect such donated or sold newspaper from curbside of a residence
unless such receiving person, firm, or corporation has received prior
written permission from the Borough to make such collection.
[Ord. 854, 3/25/1991, ยงย 11]
1.ย
The Borough of Hatboro hereby establishes a program for the separate
collection of leaves and grass in the Borough.
2.ย
Leaves and grass will be collected by the Borough of Hatboro only
in biodegradable bags provided by the Borough of Hatboro.
3.ย
Leaves and grass will be picked up on regularly scheduled refuse
collection days.
4.ย
The Borough of Hatboro shall provide biodegradable bags for purchase
at a price to be established by resolution of Borough Council.
5.ย
All leaves and grass collected by the Borough of Hatboro shall be
received in accordance with the laws of the Commonwealth of Pennsylvania.
6.ย
It shall be illegal to place leaves or grass in containers with paper,
glass, metal, plastic, wood, branches, twigs, or any other trash placed
for trash pickup by the Borough of Hatboro.
7.ย
It shall be illegal to place, sweep, or otherwise dispose of leaves
or grass in any public or private street or public or private right-of-way.
8.ย
It shall be illegal to burn leaves in any public or private street
or public or private right-of-way.
9.ย
It shall be illegal to place leaves or grass for pickup by the Borough
of Hatboro on any dates or days other than those established by resolution
of Borough Council.
[Ord. 854, 3/25/1991, ยงย 12; as amended by Ord.
978, 11/26/2007]
1.ย
The Borough of Hatboro hereby establishes a program for the separate
collection of glass (clear and colored) and cans (aluminum and tin)
2.ย
The Borough will distribute two plastic recycling buckets to each
household. One bucket will be for glass (clear and colored), the other
will be for cans (aluminum and tin). Replacement buckets have to be
purchased from the Borough at a price to be determined from time to
time by Council.
3.ย
All persons who are residents of the Borough of Hatboro shall separate
clear and colored glass and aluminum and tin cans from all solid waste
produced at their respective residences, and shall separately place
these items in the plastic recycling buckets which are obtained from
the Borough of Hatboro. All clear and colored glass and aluminum and
tin cans placed by residents for collection by the Borough shall be
the property of the Borough from the time of such placement.
4.ย
It shall be a violation of this Part for any person other than the
Borough or a contractor selected to act for the Borough to collect
clear and colored glass and aluminum and tin cans unless such person
has prior written permission to make such collection as set forth
herein.
5.ย
Residents may donate or sell clear and colored glass or aluminum
and tin cans to any person from a corporation provided that the receiving
person or corporation shall not collect such donated or sold glass
or cans from curbside of a residence unless such receiving person
or corporation has received prior written permission from the Borough
to make such collection.
6.ย
It shall be illegal to place any items in the glass plastic recycling
buckets other than glass and it shall be illegal to place anything
in the can plastic recycling buckets other than aluminum or tin cans.
7.ย
It shall be illegal to place the plastic recycling buckets for pickup
by the Borough of Hatboro on any dates or days other than those established
by this Part.
8.ย
Glass, plastics polyethylene terepthalate PETE #1 (soda and water
bottles, remove caps), high density polyethylene HDPE #2 (all containers,
all colors, remove caps) and cans will be collected as determined
by resolution by Hatboro Council.
9.ย
Cans will not be crushed.
[Ord. 854, 3/25/1991, ยงย 13; as added by Ord. 858,
9/30/1991; and amended by Ord. 907, 9/23/1996, ยงย 20-113;
and by Ord. 966, 5/22/2006]
1.ย
Legislative Purpose. In accordance with the provisions of Act No.
101 of 1988, the "Municipal Waste Planning, Recycling, and Waste Reduction
Act," 53 P.S. ยงย 4000.101 et seq., the Borough hereby requires
and mandates that all aluminum and tin cans, glass, newspapers, high
grade office paper, and corrugated paper shall be separated from other
waste for separate collection for purposes of recycling by all commercial
and institutional establishments.
2.ย
ALUMINUM CANS
CLEAN AND UNCONTAMINATED NEWSPAPER
COMMERCIAL ESTABLISHMENT
CORRUGATED PAPER
ELECTRONIC CONSUMER PRODUCTS
GLASS
HIGH GRADE OFFICE PAPER
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
NEWSPAPER
PERSON
RECYCLABLE MATERIALS
Definitions. Unless the context dearly indicates otherwise, the following
words and phrases used throughout this section shall have the following
meanings:
All empty beverage and food containers made from aluminum.
Newspaper which has not been exposed to substances or conditions
rendering it unfit for recycling purposes.
Those properties used primarily for commercial or industrial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Those items which are powered by some form of electricity,
or battery including, but not limited to, computers, laptops, computer
monitors and keyboards, VCR's, DVD player/recorders, iPodsยฎ,
photocopiers, scanners, printers, stereos, microwave ovens and televisions.
All products made from silica or sand, soda ash and limestone
(the product may be transparent, translucent, or colored) and may
be used as a container for packaging or bottling of various matter
and all other material commonly known as glass.
All white paper, bond paper, and computer paper used in commercial,
institutional, and municipal establishments.
Facilities that house or serve groups of people such as schools,
hospitals, day care centers, and nursing homes.
Leaves and foliage of trees and shrubs and foliar garden
residues, but not including grass clippings or tree or shrubbery branches.
Paper of the type commonly referred to as newsprint and distributed
at stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters
of public interest. Expressly excluded are glossy advertising inserts,
often included with newspapers.
A lessee, as well as an owner of a residence, and includes
a person, firm or corporation which owns or occupies a residence,
commercial, or institutional establishment.
All source-separated materials as identified by this section
in accordance with ยงย 1501 of Act 101 of 1988, 53 P.S. ยงย 4000.1501,
specifically including glass, aluminum and tin cans, newspapers, high
grade office paper, and corrugated paper.
3.ย
Establishment of Collection Programs.
A.ย
The Borough also establishes a mandatory program for the separation
and recycling of aluminum and tin cans, glass, newspapers, high-grade
office paper and corrugated paper from all commercial, institutional
establishments in the Borough. All such establishments shall make
provision for the separation and collection of recyclable materials
no less than once per month in accordance with the regulations promulgated
hereunder.
B.ย
The Borough of Hatboro hereby establishes a program for the separate
collection of electronic consumer products, including, but not limited
to, computer CPUs and laptops, computer monitors and keyboards, all
electronic devices (VCRs, DVD player/recorders, photocopiers, scanners,
printers, stereos), microwaves and televisions. The Borough has distributed
plastic recycling buckets to each household. All small electronic
items must be placed in the recycling bucket for pick up. Large electronic
items are to be left at curbside for pickup.
4.ย
Establishment of Regulations.
A.ย
The Superintendent of Public Works is authorized to establish regulations
governing the compliance with this section by all commercial and institutional
establishments.
B.ย
The regulations promulgated under this section shall include, but
not be limited to, the manner and method of collection; the manner
of conducting the public information and education programs and manner
of enforcement of this section.
5.ย
Residential Separation Exceptions.
A.ย
The owner of any multi-family rental housing property with four or
more units may comply with its responsibilities under this section
by establishing a collection system for recyclable materials at each
property. The collection system must include suitable containers for
the sorting and collection of recyclable materials, easily accessible
location for the containers and written instructions to all occupants,
detailing the use, availability, and requirements of the collection
system.
B.ย
The owner or its agent of any multi-family rental housing who complies
with this Part shall not be liable for the noncompliance of any individual
occupant.
C.ย
The owner of any multi-family apartment or similar residential establishment
shall provide for the collection of all leaf waste from such property
in the Borough separately from the collection of waste from such property
for disposal by composting, unless such owner shall have otherwise
provided for the composting of such material. Annually, such owner
of any multi-family apartment or similar residential establishment
shall provide written documentation to the Borough of compliance with
this provision. Such documentation shall be pursuant to the regulations
promulgated under ยงย 20-124 of this Part.
6.ย
Nonresidential Separation, Exceptions.
A.ย
Persons shall separate high grade office paper, aluminum and tin
cans, glass, corrugated paper, and leaf waste generated at any commercial
and institutional establishment or community activity within the Borough
and provide for the disposal of such materials by recycling.
B.ย
The Borough shall require a certificate of compliance from all commercial
and institutional establishments, indicating their compliance with
this section. Such certificate shall be pursuant to the regulations
promulgated by the Superintendent of the Public Works Department.
7.ย
Violations and Penalties.
A.ย
Any person who shall violate the provisions of this section or any
person, firm, or corporation who shall violate the provisions of this
section hereof, shall receive an official written warning of noncompliance
for the first and second offense. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
B.ย
Except as hereinbefore provided, any person, firm or corporation
who shall violate any of the provisions of this Part shall, upon conviction
thereof, be sentenced to pay a fine in an amount not to be less than
$25 nor more than $1,000 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
[Ord. 854, 3/25/1991, ยงย 13]
Borough Council may adopt rules and regulations from time to
time to carry out the provisions of this Part.
[Ord. 854, 3/25/1991, ยงย 14; as amended by Ord.
907, 9/23/1996, ยงย 20-115]
Any person, firm, or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 1005, 5/23/2011]
The title of this Part shall be the "Hatboro Borough Municipal
Waste Management Ordinance" and the same may be cited in that manner.
[Ord. 1005, 5/23/2011]
1.ย
ACT 90
ACT 97
ACT 101
BOROUGH
COMMERCIAL ESTABLISHMENT
COMMUNITY ACTIVITY
COUNTY
DETACHABLE CONTAINER OR MECHANICAL BIN
DISPOSAL
GARBAGE
GOVERNING BODY
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR OR LICENSED WASTE HAULER
MULTI-FAMILY HOUSING PROPERTY
MUNICIPAL WASTE
PERSON
PROCESSING
RECYCLABLE MATERIALS
RECYCLING
REFUSE
RESIDENTIAL PROPERTY
RESIDUE
RUBBISH
SCAVENGING
SOLID WASTE
SOLID WASTE MANAGEMENT
SOURCE-SEPARATED RECYCLABLE MATERIALS
TRANSFER STATION
TRANSPORTATION
YARD WASTE
The following words and phrases as used in this Part shall have the
meaning ascribed to them herein, unless the context clearly indicates
a different meaning.
The Pennsylvania Waste Transportation Safety Act of 2002,
P.L. 596, No. 90, June 29, 2002, 27 Pa.C.S.A. ยงย 6701 et
seq.
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980, 35 P.S. ยงย 6018.101 et seq.
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, Act 1988-101, July 28, 1988, 53 P.S.
ยงย 4000.101 et seq.
The Borough of Hatboro, Montgomery County, Pennsylvania.
Any establishment engaged in a nonmanufacturing or nonprocessng
business including, but not limited to, stores, markets, offices,
restaurants, shopping centers and theaters.
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
socials, picnics, carnivals, and organized sporting events attended
by 200 or more individuals per day.
The County of Montgomery, Pennsylvania.
Any container which may be mechanically lifted and emptied
into the collection vehicle.
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste or a constituent of the solid waste enters the environment,
is emitted into the air or is discharged to the waters of the Commonwealth
of Pennsylvania. Disposal facilities include, but are not limited
to, municipal waste landfills and construction/demolition waste landfills
as defined by Act 101, Act 97, and/or Department of Environmental
Protection (DEP) rules and regulations (e.g., 25 Pa. Code, Chapters
76 and 271).
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals,
or human and animal excrement.
The elected officials of the Borough of Hatboro, Montgomery
County, Pennsylvania.
Any establishment engaged in manufacturing or production
activities including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services including,
but not limited to, hospitals, nursing homes, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and
similar materials, but not including grass clippings.
A person who has written authorization from the PADEP under
Act 90 to collect, haul, transport and dispose of municipal waste.
Property containing more than four dwelling units in one
building and all dwellings within the building shall have common ownership.
Any garbage, refuse, industrial lunchroom or office waste
and other material including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant, or air pollution
control facility. The term does not include any source-separated recyclable
materials.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, or any other legal
entity recognized by law as the subject of rights and duties. In any
provisions of this Part prescribing a fine, imprisonment, or penalty
or any combination of the foregoing, the term "person" shall include
the officers and directors of any corporation or other legal entity
having officers and directors.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, recycling facilities,
composting facilities, and resource recovery facilities.
Those materials specified by the Borough for separate collection
in accordance with recycling regulations. Such materials may include,
but shall not be limited to, leaf waste, yard waste, glass containers,
aluminum containers, steel containers, bimetallic containers, office
paper, newsprint, corrugated paper, and plastics.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the generation of energy.
All solid wastes, except body wastes; and shall include,
but is not limited to, garbage, ashes, bulk waste and rubbish; except
that the refuse shall specifically exclude hazardous waste and source-separated
recyclable materials.
All properties used for residential purposes, regardless
of the number of dwelling units, except for multifamily housing properties.
Solid materials remaining after burning including, but not
limited to, ashes, metals, glass, ceramics, and unburned organic substances.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic, and noncompostable plant material, wood or
nonputrescible solid waste).
The unauthorized and uncontrolled removal of any material
stored or placed at a point for subsequent collection or from a processing
or disposal facility.
Garbage, refuse, and other discarded solid materials including,
but not limited to, solid waste materials resulting from industrial,
commercial and agricultural operations, and from community activities.
Liquids, semisolids, and contained gaseous materials are hereby defined
as solid waste. It shall not include solids or dissolved materials
in irrigation return flows or other common water pollutants. In addition,
it shall not include hazardous waste.
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
Materials, including leaf waste, which are separated from
municipal waste at the point of origin or generation for the purpose
of recycling.
A fixed facility used for receiving refuse from collection
trucks and placing it in large-volume, long-haul vehicles.
The off-site removal of any municipal waste at any time after
generation.
Leaf waste, as defined above and grass clippings.
2.ย
For the purpose of this Part, the singular shall include the plural
and the masculine shall include the feminine and neuter.
[Ord. 1005, 5/23/2011]
The Borough Council of the Borough of Hatboro shall be responsible
for all aspects of municipal waste management within Hatboro Borough.
[Ord. 1005, 5/23/2011]
1.ย
All persons shall store, collect, haul, transport, process and dispose
of any municipal waste in accordance with the provisions of this Part,
any applicable municipal ordinance, the Montgomery County Municipal
Waste Management Plan Revision 2006-2015, Act 90, Act 101, the minimum
standards and requirements established in 25 Pa. Code, Chapter 285,
of the PADEP municipal waste management regulations, any applicable
Montgomery County Department of Health regulations, and/or any other
federal, state, or local regulations.
2.ย
No person owning or occupying any property with the Borough shall
permit any municipal waste to accumulate for a period of longer than
seven days.
3.ย
It shall be unlawful to keep or allow in or about any dwelling or
upon any land or other premises within the municipality solid waste
of any kind which is obnoxious or offensive by reason of dust of odor,
or which attracts insects and vermin, except in covered receptacles.
The cover shall be tight and fly-proof; and it shall be unlawful to
retain accumulation of any said solid waste so as to constitute a
menace to the health and safety, it being a presumption that such
a menace exists when more than seven days have elapsed after such
solid waste is originally retained, accumulated or permitted to accumulate;
and nothing herein contained shall be construed to permit the retention
of any solid waste which is or becomes obnoxious or offensive by reason
of dust or odor, or which attaches insects or vermin.
4.ย
No volatile liquids, explosives, radioactive material or containers
which would explode upon contact with heat or fire shall be placed
for collection, except small (retail-sold) spray cans.
5.ย
No hazardous waste shall be stored or placed for collection on residential
properties except for small quantities of such waste normally found
in the household and available on a retail basis to the homeowner.
[Ord. 1005, 5/23/2011]
1.ย
Hatboro Borough, or an authorized person or persons under contract
by the Borough, shall collect, transport, process and dispose all
municipal waste generated at residential properties within the Borough.
In the event that the Borough, or an authorized person or persons
under contract by the Borough, does not collect, transport, process
or dispose municipal waste, then all persons owning or occupying residential
properties shall contract directly with a license collector or licensed
waste hauler for such services.
2.ย
All persons owning and occupying residential properties shall make
municipal waste available for collection at such times and dates as
may be established by regulation.
3.ย
All people shall provide a sufficient number of containers for the
collection and storage of municipal waste.
4.ย
Preparation for Collection. Municipal waste must be placed in a suitable
container which has a tight-fitting cover and handles, is watertight
and animal proof and easily carried by the collector. Containers shall
not be less than 20 gallons or more than 35 gallons in capacity. The
municipal waste and container combined shall weigh less than 50 pounds.
5.ย
Placement of Municipal Waste and Containers. Municipal waste and
containers shall be placed at the curb or street line or at an area
designated by the Borough; separate from recyclable materials for
collection at such times and dates as may be hereinafter established
by regulation. Municipal waste and containers shall not be placed
in a location which obstructs a public sidewalk or which impedes clear
vision for motorists.
6.ย
Times for Placement and Removal of Containers. Municipal waste and
containers shall be stored on the owner's property and shall
not be placed at the curb or street line or at an area designated
by the Borough, for collection before 6:00 p.m. on the evening preceding
a scheduled collection day. Empty containers shall be removed from
the curb by 10:00 p.m. on the day of collection. Containers shall
not be kept at the curb or street line or at an area designated by
the Borough, between scheduled collections, and they shall be stored
on the owner's property in such location to be unseen from public
streets or roads or from the front yards of immediate neighboring
property.
7.ย
When detachable containers or mechanical bins are in use, they shall
be easily accessible to the collection vehicle.
[Ord. 1005, 5/23/2011]
1.ย
All persons owning or managing multifamily housing properties, and commercial, industrial, institutional, or municipal establishments and all organizers of community activities shall establish, implement, and manage a program for the storage, collection, transportation, processing and disposal of municipal waste generated at their properties or community activities in compliance with ยงย 20-204, Subsection 1, above.
2.ย
Frequency of Collection. Municipal waste for all commercial, industrial,
institutional, and municipal establishments shall be collected as
often as required by generated volumes and environmental conditions,
but not less than once a week.
[Ord. 1005, 5/23/2011]
No person shall burn or cause to burn outdoors for purposes
of disposal any municipal waste, yard waste, or recyclable materials.
[Ord. 1005, 5/23/2011]
The Borough Manager, the Borough Manager's designee, and
sworn Hatboro Borough Police Officers are hereby authorized and directed
to enforce this Part.
[Ord. 1005, 5/23/2011]
The Borough Council of Hatboro Borough may, by resolution, establish
and promulgate regulations to administer and implement this Part.
These regulations may be amended, by resolution, from time to time
by the Borough Council of Hatboro Borough.
[Ord. 1005, 5/23/2011]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense. For
purposes of this section, the doing of any act or thing prohibited
by any provision of this Part, or the failure to do any act or thing
as to which may any provision of this Part creates any affirmative
duty, shall constitute a violation of this Part punishable as herein
stated.