[HISTORY: Adopted by the Borough Council of the Borough of
Elverson as indicated in article histories. Amendments noted where
applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
GARBAGE
INCOMBUSTIBLE REFUSE
REFUSE
REFUSE CONTRIBUTOR
The following words and terms, as used in this article, shall have
the meanings hereby ascribed thereto, unless the context clearly indicates
a different meaning.
All table refuse, animal and vegetable matter, from meat,
fish, and fowl, vegetables and fruits and parts thereof, and other
articles and materials ordinarily used for food and which have become
unfit for such use or which are for any reason discarded.
All discarded articles or materials, except sewage, liquid
waste, garbage and combustible refuse.
All combustible refuse and incombustible refuse, referred
to collectively.
Any person as defined in this article who utilizes the services
of a contractor with whom the Borough of Elverson has contracted for
the disposal of trash.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
This article applies to residents of the Borough of Elverson
and does not apply to businesses located within the Borough of Elverson.
No resident of the Borough of Elverson shall dispose of any refuse
in the Borough of Elverson except by means of the contracted provider.
No person except the contractor designated as herein provided
shall collect refuse from any other person for disposal, nor shall
any person except the aforementioned contractor haul any refuse for
any other person within the Borough of Elverson or from any point
within such Borough to any place or location outside the Borough limits.
The contract for the exclusive right to collect refuse from
residents in the Borough, and for the conveyance thereof, shall be
awarded from time to time for such period of time as shall be provided
by the Borough Council to the lowest responsible bidder, following
the procedure prescribed by the Borough Code for the award of contracts.
Such contract shall fix and regulate, in a manner not inconsistent
with the terms of this article, as Council shall direct, the prices
to be charged by such contractor to customers and the manner, method
and time of collecting and conveying refuse. The person to whom such
contract shall be awarded shall, before undertaking any of his duties
thereunder, provide a performance bond to the Borough in the sum and
with such security as the Council shall require, conditioned for the
faithful compliance with the terms of the contract.
Each person for whom the said contractor shall collect refuse
shall prepare such refuse in the following manner:
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All garbage, refuse and recycled material shall be separated
one from the other. All garbage and recyclables shall be placed in
a contractor-approved container for trash and recycle material.
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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 article in equity in the Court of Common Pleas of
Chester County
The provisions of this article are severable, and if any section,
clause, sentence or part or provision thereof shall be held illegal,
invalid or unconstitutional, the decision of the court shall not affect
or impair the remaining parts and provisions of this article.
All ordinances or parts of ordinances which are inconsistent
herewith, including Ordinance No. 67-2, are hereby repealed.
This article shall become effective immediately upon enactment.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The within ordinance shall be known as the "Elverson Borough
Recycling and Waste Reduction Ordinance."
The following words and phrases, when used in this article,
shall have the meanings given to them in this section unless the context
clearly indicated otherwise:
Any garbage, refuse or other material, including solid, liquid
or semisolid or containing gaseous material, resulting from residential
activities. The term does not include source-separated recyclable
materials.
The Borough of Elverson, Chester County, Pennsylvania.
The containment of any municipal waste on a temporary basis
in such manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal.
All persons residing within the Borough of Elverson, whether
in single-family or multifamily dwellings, townhouses or apartments,
all businesses, and institutions shall separate from other municipal
waste generated at their dwellings glass jars and bottles, aluminum
cans, tin cans, #1, 2 and 5 plastics, newspapers and cardboard and
shall store such material until collection thereof by the municipality
or the designated collectors for the said municipality. The Borough
from time to time may designate other items to be recycled or removed
from recycling. Nothing in this article or subsequently promulgated
regulations relating hereto shall be deemed to impair the ownership
of such separated materials by the person or persons who generated
them unless and until such materials are placed at curbside or other
designated location for collection by the municipality or its agents.
The Borough by resolution from time to time will schedule a
day, not less frequently than twice a month, when separated materials
are to be placed at curbside or other designated location for collection.
One container will be provided for the collection of all recyclable
materials.
The Borough will establish a system for the collection at curbside
of the aforesaid source-separated and collected materials. Such system
may involve the collection, transporting, processing or marketing
of the materials by the municipality itself or through contracting
with other persons for the collecting, transporting, processing or
marketing of said source-separated materials.
Recyclables, from the time of the placement of the same at curbside
or other designated collection area, in accordance with the terms
hereof or of subsequently adopted resolutions and/or regulations by
the Borough Council of the municipality, shall be and become the property
of the said municipality or its authorized, designated agent or agents.
Prior thereto, said recyclables shall remain the property of the persons
generating the same. It shall be a violation of the ordinance for
any person not so authorized by the municipality to act as its agent
or agents for the collection of the recyclables to take, collect or
pick up, or to cause to be taken, collected or picked up, any such
recyclables or property.
It shall be, and hereby is declared to be, unlawful and a violation
of this article to collect and/or dispose of items declared to be
recyclable as a part of or combined with other municipal waste.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $600 plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter 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 article in equity
in the Court of Common Pleas of Chester County.
Should any section, subsection, paragraph, sentence, clause
or phrase of this article be declared invalid, for any reason whatsoever,
such decision shall not affect the remaining portions of this article,
which provisions shall remain in full force and effect, and for this
purpose the said provisions of this article are hereby declared to
be severable.
