[HISTORY: Adopted by the Borough Council of the Borough of
Avondale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-2-1990 by Ord.
No. 147]
This article shall be known as the "Refuse Ordinance."
All persons shall provide storage facilities for refuse to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to the public health or which create
safety hazards, odors, unsightliness and public nuisances. (NOTE:
Storage of reusable materials shall be allowed to the extent of a
verifiable rate of recovery, plus a reasonable supply for market or
reuse. The rate of recovery may be verified by valid contractual arrangements
or historical rates.)
All refuse accumulated on any property in the municipality shall
be collected, conveyed, and disposed of only at a landfill approved
by the Pennsylvania Department of Environmental Resources and operated
by the Southeastern Chester County Refuse Authority.
A.
All refuse shall be transported in such a manner as to prevent public
health, and safety hazards and nuisances.
B.
Collection personnel operating or otherwise assigned to collection
vehicles shall be responsible for the immediate cleaning up and removal
of refuse or garbage that may be spilled or scattered during the process
of collection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons, partnership, firm or corporation in violation
of any of the foregoing provisions of this article or who shall fail
to comply with any of the conditions or requirements thereof 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 $1,000, 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. The imposition of the penalty for any violation shall not
excuse the violation or permit same to exist and continue; all such
person(s) shall be required to correct or remedy the violation or
defects within a reasonable time; and when not otherwise specified,
each 10 days that such conditions are permitted to exist shall constitute
a cause for additional penalty.
A.
All persons shall comply with applicable laws, ordinances, rules
and regulations of this municipality and/or the Commonwealth of Pennsylvania
relating to the collection, transportation, storage or disposal of
solid waste.
[Adopted 3-15-2011 by Ord. No. 232]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In this article, the following terms shall have the meanings
indicated in this section unless the context clearly indicates otherwise:
Any and all regulations applicable to the collection, transport
and/or disposal of a material and/or the classification and/or regulation
of a material as a hazardous material and/or a prohibited material,
including, but not limited to, federal, state and county statutes,
ordinances and regulations, Borough ordinances, resolutions and specifications,
any conditions on any permit.
The residue from fires.
The Borough of Avondale, Chester County, Pennsylvania, a
Pennsylvania municipal corporation and political subdivision operating
as a Borough.
Either a residence or a special collection premises, as defined
below (the plural use includes more than one such unit).
Item(s) of refuse that is/are too large to fit in the residential
trash cart furnished by the collector. Bulk items include, for example,
furniture, mattresses and bedsprings (a mattress and the bedspring
unit for use with the mattress shall constitute one bulk item), white
goods and appliances which do not and which were not designed to contain
Freon (whether or not such item is tagged to indicate that the Freon
was properly removed). An item that cannot be safely handled by the
collector's crew and equipment is not a bulk item.
A day designated by the Borough for the collection of refuse
and recyclables by the collector.
Those streets and alleys to be used by the collector to collect
refuse and along which refuse from Borough collection units are to
be placed for collection by the collector.
The entity with which the Borough has contracted to provide
solid waste collection services within the Borough or, to the extent
that the Borough is performing solid waste collection services with
its own resources (e.g., collection of yard waste or Christmas trees),
the Borough.
The Council of the Borough.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, fruit, vegetables, and parts thereof, and other
substances and material ordinarily used for human food.
Materials and/or waste defined as such in the Solid Waste
Management Act, 35 P.S. § 6018.101 et seq.
Any item which is and/or contains regulated amounts of hazardous
material, including, without limitation, chemical waste, medical or
infectious waste, radioactive waste;
Items, the disposal of which, at the disposal site utilized
by the collector, would violate the rules of that disposal site or
any applicable regulation governing disposal at that site;
Other items or class of items designated, from time to time,
by the Borough, by resolution or ordinance, as prohibited items. Prohibited
items may change from time to time as the applicable federal, state,
and county laws, rules, and regulations change, as the disposal site
rules change, and as the designations by and regulations of the Borough
change.
The following types of materials and such other materials
as the Borough Council shall designate, from time to time, by resolution:
Green, brown, and clear glass bottles and jars;
Aluminum, steel and bimetal cans;
Plastic bottles and jugs that have either the No. 1 or No. 2
in the universal recycling emblem on the container;
Mixed paper (newspapers, phone books, magazines, junk mail,
home and office paper, paperback books and books without hard covers,
lightweight noncorrugated cardboard);
Corrugated cardboard.
The container furnished by the collector to the Borough collection
unit for use by the occupants of that unit for collection by the collector
of recyclables generated at that unit.
All discarded articles or materials, including garbage, rubbish, and other solid waste, but not including recyclables, sewage and liquid waste, Ashes, lawn and garden waste (as described in § 355-15), Christmas trees and/or any material which is a prohibited item or which is hazardous material.
Structure which is:
When used to modify the term "refuse" or a component of refuse,
arising or generated in the course of ordinary household activities,
as contrasted with nonhousehold activities, such as, for example,
commercial, agricultural, or industrial activities.
Each premises which is not residential, but the refuse generated
therefrom is collected by the collector, pursuant to the Borough's
express authorization and in compliance with this article.
The receptacle furnished by the collector to a Borough collection
unit for use by the occupants of that unit for collection by the collector
of refuse generated at that unit.
Grass cuttings, weeds, leaves, waste plant material from
gardens, tree trimmings and branches (but not trunks or stumps from
fallen or felled trees), any and all such materials having been grown
on the property occupied by a Borough collection unit and, except
for special collection premises, such waste shall not include waste
generated by a nonresidential use of the property. Yard waste does
not include tree branches over four feet in length or six inches in
diameter.
A.
Except for refuse to be collected for special collection premises,
refuse placed for collection by the collector shall be limited to
residential refuse.
B.
Refuse shall be placed for collection only in the Borough collection
unit's trash cart and/or other container authorized by the Borough
for such use.
C.
The occupant(s) of the Borough collection unit shall keep the lid
of the trash cart securely closed at all times except when refuse
is being placed in the trash cart.
D.
Trash carts, recyclables, and bulk items shall be placed for collection
at the curb or property line abutting the collection route for the
Borough collection unit.
E.
Bulk items collection shall be placed for collection only on the
last collection day of the month or on such other day as designated
by the collector.
F.
Trash carts, recycling bins, other Borough authorized containers
and bulk items shall be placed at the curb or property line of the
Borough collection unit for collection by the collector not sooner
than 6:00 p.m. on the day preceding the collector's scheduled collection
day.
G.
Recyclables shall be placed in a recycling bin to the extent possible.
To the extent that the quantity of recyclables does not fit in the
recycling bin, recyclables may be placed for collection as follows:
H.
After they have been emptied by the collector, trash carts and recycling
bins shall be removed by the occupant(s) of the Borough collection
unit from the curb or property line to the unit no later than 9:00
p.m. on the day of collection.
I.
The following rules shall be observed:
(1)
All refuse and recyclables shall be drained free of liquids before
storage and placement for collection.
(2)
Garbage shall be completely and securely wrapped in plastic material
so as not to become unwrapped in the collection process.
(3)
All cans, bottles or other food containers shall be drained and,
where appropriate, cleaned before storage and placement for collection.
(4)
Trash carts and recycling bins shall be cleaned and maintained so
that they do not have significant accumulations of residue of liquids,
solids or a combination of such material on the bottom or sides. The
occupants of each Borough collection unit shall be responsible to
keep the interior of trash carts and recycling bins clean through
regular rinsing, draining and disinfecting as often as is necessary
in order to prevent odor and accumulation of residue.
(5)
The storage of all refuse, other solid waste and recyclables shall
be done in a manner that does not attract or harbor vectors, insects
and/or rodents or which create conditions in any way harmful to the
public health and safety or which create odors, unsightliness, conditions
that allow refuse to be blown about and/or any other public nuisance.
J.
Occupants of Borough collection units shall separate paper and cardboard
from other recyclables for collection. All other categories of recyclables
may be placed together for collection. Recyclables shall not be placed
in the trash cart or mixed with refuse.
A.
It shall be the responsibility of the generators of the refuse or
recyclables and the owners and occupants of the premises where the
refuse and other waste material is generated and/or located to arrange
for the proper and prompt disposal of all such materials not collected
by the collector.
B.
When not placed at the curb or property boundary for collection,
the trash carts and recycling bins shall be stored by the property
owner(s) in a safe and secure manner, either inside a building or
structure or on a porch or along the side of a principal building
or accessory building in a side or rear yard.
C.
Except for normal wear and tear, damage to or loss of a trash cart
or recycling bin issued by the collector to the property owner shall
be the property owners' responsibility. Trash carts and recycling
bins shall not be allowed to blow off of the premises and should not
be used for purposes other than containing refuse or recyclables for
collection.
D.
The property owner(s) of each Borough collection unit shall be responsible
to the Borough for compliance with all applicable regulations relating
to refuse and recyclables generated at the premises, regardless of
whether the premises or any occupied unit therein is occupied by renters
or others.
The collector shall not collect intentionally any refuse which
does not conform to the provisions of any applicable regulation (including,
without limitation, this article and regulations adopted hereunder).
The collector shall also decline to collect any bulk item which by
reason of its condition or of the materials which it contains cannot
be safely collected or cannot lawfully be disposed of by the collector.
A.
The Borough hereby establishes a solid waste collection fee to be
paid by the owner of each Borough collection unit for the availability
of the solid waste collection and disposal services furnished by the
Borough. The amount, timing, due date, and method of payment of such
fee, and late payment charges and interest on overdue fees, shall
be established from time to time by resolution of Council. The fee
shall be billed and paid quarterly in advance. The fee is imposed
upon and is payable by the owner(s) of each Borough collection unit,
whether or not the unit is occupied and whether or not the unit utilizes
the Borough's solid waste collection and disposal services, and without
regard to the quantity of solid waste (not exceeding the limits set
forth in this article) collected from the unit, and without regard
to whether the unit is occupied by renters or any person(s) other
than the owner(s).
B.
Bills for the fee shall be issued and mailed to the record owner
of each Borough collection unit at the address of the unit unless
the owner, by specific written request, provides the Borough with
a different mailing address. The fee is payable whether or not the
bill is received by the owner. Any past-due fee shall be subject to
such late charges, administrative fees and interest as Council may
set, from time to time, by resolution. Past-due fees, charges and
interest shall be a lien on the property to which the service was
provided or available and may be collected in any manner permitted
for the collection of a municipal claim.
A.
Council finds that various premises in the Borough are used for a
i) small business, or ii) a combination of business and residence
occupancies, in which the solid waste generated by the business is
substantially the same as the solid waste generated by a residential
use. Council also finds that it is practicable and in the public interest
to provide Borough refuse and recyclable collection and disposal services
to such premises (i.e., "special collection premises"), provided that
the waste generated by such premises remains substantially the same
as waste generated by a residential use.
B.
Council, from time to time and as uses and the waste they generate
change, shall establish, by resolution, a list of special collection
premises. The list shall set forth for each special collection premises:
C.
In the event that the solid waste generated by the business use of
any special collection premises ceases to be substantially the same
as the solid waste generated by a residential use, the Borough may
require at that the business located at that premises obtain separate
private solid waste disposal and collection service. In that event,
the Borough's fee for that premises shall be reduced to eliminate
the fee pertaining to the business use. The fee for the residential
uses shall continue to be payable and the Borough shall continue to
provide solid waste collection and disposal to the residential portions
of such premises.
D.
It shall be the duty of the owner(s) of the special collection premises
to provide the Borough with a detailed description of the waste generated
by each business unit on the premises as well as the specific nature
of each business. It is also the duty of the owner(s) to promptly
advise the Borough, in writing, of any change in any such business
and/or the refuse generated by the business. Such required writings
shall be verified by both the property owner(s) and the operator of
the business.
A.
The owner of each premises that is not eligible to receive solid
waste collection and disposal services from the Borough shall contract
with a qualified private hauler for the collection and disposal of
refuse and recyclables generated from the premises no less frequently
than weekly. All such private haulers must be licensed to perform
the collection and disposal of refuse and recyclables and shall do
so in accordance with all laws, rules, and regulations promulgated
by the federal, state, county, and Borough governments and the disposal
site utilized by the hauler.
B.
The owner of each premises using a private hauler for the collection
and disposal of refuse and recyclables shall furnish to the Borough
the following information:
A.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Notwithstanding the foregoing, any person, other than the collector,
who shall collect or remove recyclables that have been placed for
collection by the collector commits a summary offense and, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
shall be punishable by a fine of not more than $1,000, 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. The unauthorized collection or removal
of recyclables from each premises from which they are so collected
or removed shall be a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
In addition, the Borough may seek any form of legal relief to bring
about the cessation of any violation of this article or to obtain
compliance with this article. In such action, the Borough shall be
entitled to the costs and attorney's fees reasonably incurred.
Yard waste shall not be mixed with refuse. The Borough, from
time to time, may provide for collection of yard waste and Christmas
trees. In such event, the Borough may establish the schedule for such
collections and the manner, time and place for placing such material
for collection. In no event shall such materials be placed for collection
in any manner which prevents the safe use of the sidewalk and/or roadway
and/or which otherwise constitutes a safety hazard or violation of
any applicable regulation.
