[Ord. 117, passed 2-10-1958; Ord. 708, passed 7-5-2006]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
ASHES
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
REFUSE
Garbage, ashes and rubbish.
RUBBISH
All waste materials, except building rubbish from building
construction, street refuse, industrial refuse, dead animals, machinery
or vehicles or parts thereof or such other waste materials as are
not commonly produced in homes, stores and institutions.
[Ord. 45, passed 7-13-1953]
(A) No person shall place newspapers or papers of any nature on the streets
of the Borough to be collected by a collector without having securely
tied such papers to prevent their scattering on the streets.
(B) Bags of any nature containing paper and placed on the streets or
sidewalks of the Borough for collection by a collector, shall be securely
tied so as to prevent the scattering of such paper on the streets.
[Ord. 328, passed 3-4-1974; Ord. 708, passed 7-5-2006]
(A) No accumulation. No person owning leasing, occupying or having charge
of any premises used for commercial purposes shall maintain, permit
to accumulate or keep thereon any trash, junk, debris, garbage or
rubbish unless such trash, junk, debris, garbage or rubbish is stored
in watertight refuse containers provided with tight covers and so
operated as to prevent offensive odors escaping therefrom and refuse
from being blown, dropped or spilled.
(B) Refuse containers. All refuse containers, commonly referred to as
"dumpsters," used for commercial businesses shall adhere to the following
storage requirements.
(1)
Dumpsters are to be closed at all times when not being used.
All dumpsters shall be equipped with watertight covers so as to prevent
leakage.
(2)
Any new or replacement dumpsters installed after the effective
date of this chapter shall comply with the following additional requirements.
(a)
All dumpsters must be stored on a concrete pad so as to facilitate
the washing down of any and all liquid spills from garbage. The concrete
pad must be a minimum of four inches in depth with wire mesh reinforcements.
(b)
Dumpsters are to be fenced in on all four sides with access
gates for collection purposes.
(c)
The fenced in area outside of and on top of the dumpster shall
remain clear and free from all trash, graffiti, vandalism, debris
and other refuse material.
(C) Licenses. Within 30 days after the effective date of this chapter,
it shall be unlawful for any property owner or occupier to own, locate
or maintain a trash dumpster in the Borough without first having obtained
a license for each such dumpster from the Board of Health upon the
payment of $50 per year for each dumpster located in the Borough.
The license application shall require the name, address, age and occupation
of the person, partnership or corporation applying for the license,
the address where the dumpster is to be located, an accurate description
of the business for which the dumpster shall be used and the number
of dumpsters the applicant wishes to license. The Borough shall, with
the consent of the Board of Health and only if the applicant has complied
with all licensing requirements and agrees to and fully complies with
all storage requirements and all applicable ordinances of the Borough
issue a license setting forth the name of the applicant, the name
of the business for which the dumpster will be maintained the address
where the dumpster will be located and the number of dumpsters for
which there is a license.
(D) Collection. Commercial establishments shall privately contract for
and have their accumulation of refuse collected in accordance with
Division (E) hereof and at reasonable times so as to protect the public
health and safety.
(E) Frequency of collection. Trash, junk, debris, garbage or rubbish
shall be removed from the premises when collection containers are
full and at least weekly unless the Board of Health, in writing, authorizes
removal less often. The Board shall also have the power to require
removal more frequently if deemed necessary under the circumstances
for sanitation and health reasons.
(F) Violations and penalties.
(1)
Any person or persons, partnership or corporations who shall
violate any provision of this section shall have his, her or its license
revoked without prior warning or notice and must immediately remove
the dumpsters.
(2)
Any person(s), partnership or corporation who shall violate
any provision of this section or shall fail to comply with any of
the requirements thereof shall be subject to a fine of not less than
$25 nor more than $1,000, to be collected in the same manner as penalties
are now collected by law; and each day's failure to comply with
any such provision shall constitute a separate violation.
The producers of refuse or the owners of premises upon which
refuse is accumulated who desire personally to collect and dispose
of such refuse, and persons who desire to dispose of waste material
not included in the definition of refuse, and collectors of refuse
from outside of the Borough 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 refuse from being blown, dropped or spilled. Council shall have
authority to make such other reasonable regulations as it may deem
necessary concerning individual collections and disposal and relating
to the hauling of refuse over Borough streets by collectors from outside
of the Borough. Any person aggrieved by any such regulation made by
Council shall have a right of appeal to a court of competent jurisdiction
as provided by Commonwealth law.
[Ord. 630, passed 12-17-1998; Ord. 640, passed 1-31-2000; Ord. 648, passed 4-3-2000; Ord. 651, passed 12-27-2001; Ord. 662, passed 12-18-2001; Ord. 672, passed 12-17-2002]
(A) There is hereby established an annual refuse collection fee, which
shall be as established by Council by annual resolution, for each
dwelling unit located in the areas of the Borough zoned R1A, R1 and
R2, and for each dwelling unit located north of Edgmont Avenue and
east of Brookhaven Road in the area zoned R4.
(B) The fee established pursuant to Division (A) of this section shall
be paid by the owner of the real estate from which refuse is collected
by May 31 of each year. Should payment be made on or before May 31
of each year, the amount due shall be the fee established pursuant
to Division (A) of this section. Should payment not be made by May
31 of each year, a penalty of 10% shall be added to the bill, and
interest on the unpaid balance shall be charged at the rate of 0.75%
per month.
(C) The fee, penalty and interest provided for in this section shall
be collected by the Borough Tax Collector, whose compensation for
the collection of such fee shall be determined from time to time by
motion of Council.
[Ord. 502, passed 9-14-1987; Ord. 792, passed 9-12-2016]
(A) Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
ACT
The Solid Waste Management Act of 1980 (35 P.S. §§ 6018.101
et seq.), as amended.
AUTHORITY
The Delaware County Solid Waste Authority.
COLLECTOR
Any person collecting or transporting municipal solid waste
for owners or occupants of property in the municipality, including
the municipality itself if it undertakes the collection of municipal
solid wastes directly, and any business or institution within the
municipality which generates municipal solid waste and uses its own
employees and equipment for the collection and transportation of such
waste.
CONTRACTOR
One or more contractors with whom the county or authority
contracts for construction and operation of the proposed resource
recovery plant or other solid waste facilities.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste
or other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Act
and which the county, authority or contractor, by ordinance or regulation,
is willing to accept at the plant, but excluding:
(1)
Any liquid waste or sludge;
(2)
All wastes which are defined by existing or future federal or
state law or regulations as hazardous waste or industrial residual
wastes;
(3)
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling; and
(4)
Materials specifically excluded under applicable county ordinances.
PERSON
Any individual, partnership, association, corporation or
governmental entity, with the exception of the county, the authority
or its designated contractor.
PLANT
The energy and/or material recovery facilities, transfer
stations or solid waste plants owned by the county, the authority
or the contractor, including all associated property and equipment.
SOLID WASTE FACILITY
Any site owned and operated by the county, the authority
or its designated contractor, for the purpose of transfer, processing
or disposal of municipal solid waste, including landfills, resource
recovery plants and transfer stations.
SOLID WASTE PLAN
The County-Wide Solid Waste Management Plan, prepared pursuant
to the Act, and dated December, 1986.
(B) Prohibitions. No person shall accumulate upon any property in the
municipality any municipal solid waste, or dispose of it, except in
accordance with this section and other applicable laws, ordinances
or regulations.
(C) Plant operations and charges. The municipality has been advised by
the county that the solid waste plan proposes to provide for a plant
or plants which will be operated efficiently and economically by the
contractor and/or by the county and in accordance with all applicable
laws and regulations, and also that the contractor and/or the county
will impose reasonable charges, which charges will be uniform among
all classes of users of the plant or plants.
(D) Operations by licensed collectors. Except as it pertains to municipal
solid waste collected directly by the municipality, all collectors
of municipal solid wastes generated within the municipality shall
be licensed by the municipality and shall be responsible for collecting
municipal solid waste from properties in the municipality pursuant
to a contract between them and the municipality and/or contracts between
them and the owners or occupants of properties.
(E) Disposal at designated site. All collectors shall deliver and dispose
of all municipal solid waste collected within the municipality at
the solid waste plant designated by the county, subject to such reasonable
regulations for the operation thereof as may be established by the
county and/or the contractor. Delivery and disposal at any other place
shall be a violation of this chapter and cause for revocation of the
collector's license, except in special circumstances approved
in advance by the municipality and the county and/or the contractor.
All collectors shall comply in their operations with all applicable
laws, ordinances and regulations pertaining to the collection and
transportation of municipal solid waste.
(F) Private dumps, transfer stations and landfills. No person shall use
or permit to be used any property owned or occupied by him or her
within the municipality as a public or private dump, transfer station
or landfill for municipal solid waste, whether generated within the
municipality or elsewhere, without the express written approval of
the municipality.
(G) Abatement of nuisances. In addition to the remedies provided in § 1060.99,
any continued violation of this section or other applicable law which
constitutes a nuisance in fact, or which, in the opinion of Council,
constitutes a nuisance, may be abated by proceedings against the violator
in a court of equity.
(H) Rules and regulations. The collection of municipal solid waste in
the municipality and the disposal thereof shall be subject to such
further reasonable rules and regulations as may from time to time
be promulgated by Council, including, without limitation, regulations
as to the form of license applications, the amounts of fees to be
charged for such licenses, the terms of licenses and license issuance
procedures. However, no such rules and regulations shall be contrary
to this section, the county solid waste plan or applicable law.
(I) Amendments; contracts. The municipality reserves the right to amend
this section or to repeal it at any time, provided that the requirement
for use of the designated solid waste facility for the disposal of
municipal waste from the municipality shall not be amended or repealed
without the prior express written approval of the county during the
term of the contract between the county (or authority) and the contractor
providing for the construction and operation of the plant, which contract
shall have a term of 25 years. For purposes of security of the contractor's
financing, such requirement shall be deemed to be a contract between
the county, the contractor and the municipality, which contract, subject
to the terms of the joint cooperation agreement set forth in Division
(J) of this section, the municipality agrees to enforce so that the
municipal solid waste from the municipality will be available to provide
a source of energy for the plant. If the municipality is not now a
collector, but in the future it becomes a collector, it agrees to
deliver all municipal solid waste so collected to the plant.
(J) Joint cooperation agreement. The term of this agreement shall be
for a period of 25 years, commencing on January 1, 2017 and ending
on December 31, 2041.
(K) Plan adopted. The municipality hereby adopts the solid waste management
study prepared by the county as the ten-year solid waste management
plan required by the Act. The county is hereby authorized to submit
the plan to the Pennsylvania Department of Environmental Resources
for final approval on behalf of the municipality.
(L) Construction and operation of plant required. Notwithstanding the
foregoing, the municipality shall have neither the right nor the obligation
to dispose of its municipal solid waste at the plant which is contemplated
under this section until such plant is constructed and fully operational.
[Ord. 756, passed 12-19-2011]
(A) No accumulation. No person owning, occupying or having charge of
any premises used for residential purposes shall maintain, permit
to accumulate or keep thereon any trash, junk, debris, garbage or
rubbish unless such trash, junk, debris, garbage or rubbish is stored
in refuse containers so operated as to prevent offensive odors escaping
therefrom and refuse from being blown, dropped or spilled.
(B) Time for placing refuse for collection. No person shall place trash,
junk, debris, garbage, rubbish or refuse containers at or near the
curb earlier than 5:00 p.m. the evening prior to the day of scheduled
collection of accumulated refuse.
(C) Location for placing refuse for collection. No person shall place
trash, junk, debris, garbage, rubbish or refuse containers on or in
any street, roadway, or other public thoroughfare, but rather shall
place such trash, junk, debris, garbage, rubbish or refuse containers
on or at the curb for collection.
(D) Bulk trash pickup. Bulk trash items shall be limited to no more than
three items per premises for any scheduled pickup date. The following
items are not permitted to be placed out for bulk trash pickup: refrigerators,
freezers, air conditioners, dehumidifiers, computers, building materials
and auto parts.
[Ord. 764, passed 11-14-2012]
(A) Permit requirement. It shall be unlawful for any individual to interact
in any way with any refuse placed at curbside for collection by an
entity contracted by the Borough, other than the person placing such
refuse at curbside, a member of such person's household, or an
agent or employee of any entity contracted by the Borough for the
collection of refuse.
(B) Permit procedure. To obtain a permit required by Division (A) above,
the person desiring the permit shall make an application to the Borough
in writing and therein set forth his or her name, age, residence,
make, model and license plate number of any vehicle such person may
be using for permitted activities.
(C) Revocation of permits. Upon request by the Borough Health Officer,
any Borough police officer or any inspector to Borough Council, a
permittee may suffer revocation of a permit issued hereunder for any
action Council may deem not to be in the best interest of the health,
safety or welfare of any resident or property within the Borough.
Upon request by the Borough Health Officer, any Borough police officer
or any Borough inspector, the Borough Manager may suspend any permit
issued hereunder until the next regularly scheduled Borough Council
legislative meeting.
(D) Permitted periods. All permits issued hereunder shall expire on January
1 of the year after issuance.
(E) Permit fees. The fee for any permit issued hereunder shall be $25
per year.
(1)
All fees shall be paid for the use of the Borough.
(2)
Permits shall be issued free of any charge to charitable organizations.
Charitable information will be required.
(F) Permits to be displayed. Each permittee shall cause his or her permit
to be placed inside on the dashboard driver's side of any vehicle
used in any permitted activity. Any person undertaking any permitted
activity without a vehicle shall keep his or her permit on his or
her person.
(G) Enforcement. Any person violating the terms of this section shall
be guilty of a summary offense. Each contact with refuse shall be
a separate violation. Each offense shall be punishable as provided
in § 1060.99.
[Ord. 463, passed 2-18-1985; Ord. 502, passed 9-14-1987; Ord. 764, passed 11-14-2012]
(A) Whoever violates or fails to comply with any of the provisions of
§ 1060.06, or any regulation promulgated pursuant thereto,
shall be fined not more than $300, except that the maximum fine for
failure to comply with § 1060.06(C) shall be $10 for the
first offense or $50 for any succeeding offense. No enforcement of
§ 1060.06(C) shall be made until two months from the effective
date of this section.
(B) Whoever violates or fails to comply with any of the provisions of
§ 1060.07 shall be fined not more than $300 and, in default
of payment thereof, shall be imprisoned not more than 30 days. A separate
offense shall be deemed committed each day during or on which a violation
or noncompliance occurs or continues, as well as for each truckload
of illegally delivered trash.
(C) Each offense under the terms of § 1060.09 shall be punishable
by a fine not to exceed $1,000 and imprisonment to the extent permitted
by law for the violation of summary offenses.