[HISTORY: Adopted by the Borough Council of the Borough of Schwenksville as indicated in article histories. Amendments noted where applicable.]
Open burning — See Ch. 59.
[Adopted 8-10-1994 by Ord. No. 262]
This article shall be known and may be cited as the "Schwenksville Borough Waste Reduction and Recycling, Collection and Disposal Ordinance."
This article is enacted pursuant to the Solid Waste Management Act, P.L. 380, No. 97, July 7, 1980; the Municipal Waste Planning, Recycling and Waste Reduction Act, No. 101, July 28, 1988; and the Borough Code.
The purpose and goals of this article shall be as follows:
Require waste reduction and recycling as a means of managing municipal waste, conserving resources and supplying energy.
Protect the public health, safety and welfare from the short- and long-term dangers of collection, transportation, processing and storage of municipal waste.
Utilize, wherever feasible, the capabilities of private enterprise in accomplishing the desired objectives of an effective, comprehensive solid waste management program.
Establish and implement within the Borough of Schwenksville a recycling program to return valuable materials to productive use, to conserve energy and to protect capacity at municipal waste processing or disposal facilities.
Recycle at least 25% of all municipal waste and source-separated recyclable materials generated in Schwenksville Borough on and after January 1, 1997.
The weight or volume of municipal waste generated per capita in Schwenksville Borough on January 1, 1997, should, to the greatest extent practicable, be less than the weight or volume of municipal waste generated per capita on the effective date of this article.
Seek to teach each person living or working in Schwenksville Borough the economic, environmental, and energy value of recycling and waste reduction and encourage them through a variety of means to participate in such activities.
Schwenksville Borough shall, to the greatest extent practicable, procure and use products and materials with recycled content and procure and use materials that are recyclable.
All domestic, commercial, and industrial refuse accumulated or stored upon any property within Schwenksville Borough shall be collected and removed by a responsible collector, who shall be licensed by Schwenksville Borough, and shall be disposed of in such sites as shall be designated by the Borough Council.
As used in this article, the following terms shall have the meanings indicated:
- Residue from the burning of coal, coke or other combustible material.
- BULK ITEMS
- All large, household items not capable of inclusion in the normal solid waste collection process due to size, including refrigerators, washing machines, dryers, window air-conditioners, hot-water heaters and other major home appliances.
- Any person licensed by Schwenksville Borough to collect municipal waste and source-separated recyclable materials within the boundary of Schwenksville Borough.
- The Department of Environmental Protection of the Commonwealth and its authorized representatives.
- The depositing, injection, dumping, spilling, leaking or placing of solid waste into or in 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 this commonwealth.
- Place of residence within Schwenksville Borough of one or
more persons where refuse is generated through normal living habits.
It shall not include apartments or buildings devoted to five or more
multifamily occupancy.[Amended 11-12-1998 by Ord. No. 290]
- All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
- The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.
- The Borough of Schwenksville, Montgomery County, Pennsylvania.
- MUNICIPAL RECYCLING PROGRAM
- A source separation and collection program for recycling Schwenksville Borough waste or source-separated recyclable materials, or a program for designated dropoff points or collection centers for recycling waste or source-separated recyclable materials. The term includes any source separation and collection program for composting yard waste that is approved by or on behalf of Schwenksville Borough. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial, or institutional establishments and from community activities and any sludge not meeting the definition of residual waste or hazardous waste in Act 97 and Act 101 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- MUNICIPAL WASTE COLLECTOR
- Any collector licensed pursuant to the provisions of this article and the rules and regulations promulgated hereunder.
- MUNICIPAL WASTE LANDFILL
- Any facility that is designated, operated or maintained for the disposal of municipal waste and possesses a permit from the department. The term does not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plans or water supply treatment plants.
- A person generally in possession and control of any dwelling.
- A person engaged in solid waste processing or disposal. Where more than one person is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this article.
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other legal entity or any group of such persons whatsoever which is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty or imprisonment, or any combination of the foregoing, the term "person" shall mean the officers and directors of the corporation or other legal entity having officers and directors.
- Contamination of any air, water, land or other natural resources of Schwenksville Borough that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
- POSTCONSUMER MATERIAL
- Any product generated by a business or consumer which has served its intended end use and which has been separated or diverted from solid waste for the purpose of collection, recycling, and disposition. The term includes industrial by-products that would otherwise go to disposal or processing facilities. The term does not include internally generated scrap that is commonly returned to industrial or manufacturing processes.
- PUBLIC AGENCY
- Any commonwealth agency or local public agency.
- RECYCLABLE MATERIALS
- Only those materials currently required to be source-separated and recycled pursuant to the provisions of a resolution adopted by the Borough Council of Schwenksville Borough.
- RECYCLED CONTENT
- Goods, supplies, equipment, materials and printed contained postconsumer materials.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of 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 operation of energy.
- RECYCLING FACILITY
- A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
- All solid waste, except human body wastes, including garbage, ashes and rubbish.
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency or any other legal entity or any group of such persons whatsoever which is recognized by law as the subject of rights and duties, which owns, leases or occupies a property located in Schwenksville Borough used as a residence.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining, and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act." The term shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."
- RESOURCE RECOVERY FACILITY
- A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off-site, whether or not the facility is operated to recover energy. The term does not include:
- A. Any composting facility;
- B. Methane gas extraction from a municipal waste landfill;
- C. Any separation and collection center, dropoff point or collection center for recycling, or any source-separation or collection center for composting leaf waste.
- D. Any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residential or hazardous wastes, including solid, liquid, including semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
- The containment of any municipal waste on a temporary basis in such a 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. The presumption can be overcome by clear and convincing evidence to the contrary.
- The off-site removal of any municipal waste at any time after generation.
- Any method, technique or process, including but not limited to neutralization, designed to change the physical, chemical or biological character or composition of any municipal waste so as to neutralize such waste or so as to render such waste safer for transport, suitable for recovery, suitable for storage or reduced in volume.
- WASTE REDUCTION
- Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including but not limited to:
Any person providing municipal waste collection services to any person in Schwenksville Borough on the effective date of this article and any person who has a contract with Schwenksville Borough for the collection of municipal waste and recyclable materials shall be eligible to apply for an annual license to provide municipal waste and recyclable material collection within Schwenksville Borough.
To obtain a license, all persons must comply with the requirements of this article and all rules, regulations, procedures and standards promulgated by the Borough Council, as follows:
No person shall collect, remove, haul or convey any refuse or recyclable materials through or upon any of the streets or alleys of Schwenksville Borough or dispose of the same in any manner or place without obtaining a license.
The fee for such license shall be payable annually and fixed pursuant to a resolution of the Borough Council, and all licenses shall be issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
Every person who shall apply for a license under this section shall state the type or types of refuse to be collected, the materials to be recycled, the manner of collection, and the place and method of disposal of municipal waste and recyclable materials.
No license shall be granted if the recyclable materials or place and method of municipal waste and recyclable material disposal shall not conform to the requirements of this article and the rules, regulations and standards adopted by Borough Council.
No licensed collector shall make any change in the materials recycled or in the arrangements for disposal of refuse and recyclable materials collected by him without first receiving the approval of the Borough.
It shall be unlawful to permit an unlicensed collector to collect or remove municipal waste or recyclable materials from any household.
Responsibilities. Schwenksville Borough shall have the power and its duty shall be to assure the proper and adequate transportation, collection and storage of municipal waste which is generated or present within its boundaries, to assure adequate capacity for the disposal of municipal waste generated within its boundaries by means of the procedure set forth in Section 1111 of the Municipal Waste Planning, Recycling and Waste Reduction Act and to adopt and implement a program for the collection and recycling of municipal waste or source-separated recyclable materials as provided in this article.
Editor's Note: See 53 P.S. § 4000.1111.
Powers. In carrying out its duties under this section the Borough Council shall have all the powers conferred upon it by the Solid Waste Management Act and the Municipal Waste Planning, Recycling and Waste Reduction Act and may adopt resolutions establishing procedures, rules, regulations and standards for the recycling, transportation, storage, collection and disposal of municipal wastes, and/or source-separated recyclable materials which shall not be less stringent than, and not in violation or inconsistent with, the provisions and purposes of the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act and the regulations promulgated pursuant thereof.
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
Duties. Schwenksville Borough shall implement the provisions of this article by providing for the proper and adequate collection, transportation, storage and disposal of municipal waste generated or present within its boundaries and by collecting, transporting, processing or marketing source-separated materials by contracting with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated recyclable materials. The recycling, transportation, collection or storage activity or facility shall be conducted or operated in a manner that is consistent with the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act, this article and the regulations promulgated pursuant thereto.
The Borough Council hereby requires that all municipal waste generated within its jurisdiction shall be disposed of or processed at such permitted facilities it shall designate by resolution adopted pursuant to this article, the provisions of the County Plan, as amended and revised, and the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act.
Every licensed collector shall comply with the requirements of this article and all rules, regulations, procedures and standards adopted by the Borough Council of Schwenksville Borough for the collection, transportation and disposal of municipal waste and recyclable materials.
The failure of any licensed collector to comply with the requirements of this article and/or the rules, regulations, procedures or standards adopted by the Borough Council pursuant hereto, shall be grounds for the revocation of said collector's license.
Collection equipment and transportation vehicles. The collection equipment and transportation vehicles used by licensed collectors for the collection of municipal waste shall be of the closed metal body type with an automatic compactor unit. Said vehicles shall at all times be in good and proper mechanical condition and in compliance with the minimum safety and sanitary regulations of the Commonwealth of Pennsylvania. All such vehicles shall be specifically designed to prevent leakage of any liquid or fluids. Other type vehicles may be used only for the collection of recyclable materials, bulk goods, and Christmas trees provided such items are collected separately from municipal waste. The municipal waste and recyclables so collected shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vermin or creation of other nuisances, The collection equipment and transportation vehicles shall be kept in a clean and sanitary condition. No collector shall utilize vehicles or equipment in excess of a gross vehicle weight of 60,000 pounds on any street located in the Borough, public or private, except for Main Street, Second Street, Centennial Avenue, Maple Street, Perkiomen Avenue, Mine Hill Road, Park Avenue/Game Farm Road, Summit Avenue to Woodland Avenue, and Woodland Avenue from Summit Avenue to Main Street.
Certificate of insurance. No person shall be entitled to obtain a license from the Borough as a collector unless such collector can show certificate of insurance of such types and in such amounts as shall from time to time be set forth by the Borough Council in regulations adopted by resolution. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this article shall carry with it an endorsement to the effect that the insurance carrier will convey to Schwenksville Borough, by certified mail, written notice of any modifications, alterations or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to Schwenksville Borough at least 10 days prior to the effective date of any such modification, alteration or cancellation.
Residential. The following provisions apply to the separation and collection of recyclable materials at all residences throughout the Borough. However, residents of multifamily residential rental properties of four or more units, at which there is established a common system for recycling and collection of municipal waste from all residents of such property shall not be subject to the provisions of this section, provided the owner or landlord of said multifamily property submits a written copy of the plan and obtains approval thereof by the Borough.
Recyclable materials. All residents of Schwenksville Borough shall separate recyclable materials from the municipal waste generated at their property. When placed at the curb for collection in accordance with provisions of this article, recyclable materials shall be placed in separate, Borough-approved, reusable plastic containers which clearly identify the contents as recyclables.
Leaf waste. All residents of Schwenksville Borough shall separate leaf waste from other municipal waste generated at their property and place it at the curb for collection at the time designated for collection of said materials on the collection schedule. Leaf waste shall be piled to a maximum of 18 inches in height and a maximum of 24 inches in width or placed in biodegradable bags. Any resident who wishes to otherwise provide for the proper disposal of leaf waste shall have his plan approved by the Borough and, thereafter, shall not be required to comply with the provisions of this section.
Collection. Recyclable materials shall be source-separated and placed at curbside for collection at a minimum of once per week.
Prohibition. No person shall place municipal waste in containers used for the separation and collection of recyclables; no person shall place recyclable materials in containers used for the separation and collection of municipal waste.
Notice of violation. Any person who shall violate the source-separation and recycling provisions of this article shall receive an official written notice of noncompliance from the Borough for first and second offenses. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
All owners or operators of nonresidential establishments in Schwenksville Borough shall separate recyclable materials from the municipal waste generated at their property and from community activities.
At the times designated by the collection schedule, all owners or operators of nonresidential establishments shall separate leaf waste from other municipal waste generated at their property or from community activities.
Collection of municipal waste and recyclables shall be made by a licensed collector at a minimum of once per week.
Prohibition. No person shall place municipal waste in containers used for the separation and collection of municipal waste
Any owner or operator of a nonresidential establishment may apply for exemption from the requirements of this article by submitting a written copy of a plan which accomplishes the objectives of this article for approval by the Borough. The approval of any such plan shall be conditional upon the owner or operator submitting a certified report of the total waste and recyclable materials removed from said establishment.
Notice of violation. Any person who shall violate the source-separation and recycling provisions of this article shall receive an official written notice of noncompliance from the Borough for the first and second offenses. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
Schwenksville Borough shall establish a comprehensive and sustained public information and education program concerning recycling program features and requirements. As a part of this program, the Manager shall, at least 30 days prior to the initiation of the recycling program and at least once every six months thereafter, notify all persons occupying residential, commercial, institutional and municipal premises within its boundaries of the requirements of this article. The Manager shall, as he or she deems necessary and appropriate, place an advertisement in a newspaper circulating in Schwenksville Borough, post a notice in public places where public notices are customarily posted, including a notice with other official notifications periodically mailed to residential taxpayers or utilize the combination of the foregoing.
[Amended 11-12-1998 by Ord. No. 290; 11-11-2004 by Ord. No. 323]
Removal of waste. All municipal waste consisting of garbage, refuse, rubbish, and ashes as herein defined shall be collected as hereinafter provided by the Borough of Schwenksville and/or its subcontractor pursuant to the rules and regulations as herein or hereinafter adopted by resolution of Borough Council, and the costs and expenses of the collection and removal of the municipal waste, garbage, refuse, rubbish, and ashes shall be paid for by those owners of all improved or inhabited properties within the Borough, and those from whose premises/dwelling said municipal waste, garbage, refuse, rubbish, and ashes shall be removed, or by the person or persons responsible for the existence of such municipal waste, garbage, refuse, rubbish, or ashes as provided for herein.
[Amended 2-14-2008 by Ord. No. 347]
Exemption of multifamily residential rental properties. Multifamily residential rental properties with 15 or more units, at which there is established a common system for collection of municipal waste from all residents of such property, shall not be subject to the provisions of this section, provided the owner or landlord of said multifamily property submits a written copy of a waste removal plan and obtains approval thereof by the Borough.
Exemption of condominium or homeowners' associations. Condominium or homeowners' associations with 15 or more single-family, twin, townhouse, or multifamily units, at which there is established a common system for the collection of municipal waste from all residents of such property, shall not be subject to the provisions of this section, provided the association submits a written copy of a waste removal plan and obtains approval thereof by the Borough.
Accumulation of waste prohibited. No municipal waste, garbage, refuse, rubbish or ashes shall be allowed to accumulate on the ground or be deposited on the highways, vacant lots or other property or be buried on, about or in such property nor be thrown in any stream or other body of water nor be present on or about any property within the Borough of Schwenksville except as may be placed in and secured in approved containers, subject to the regulations as herein stated. Any person, individual, association, partnership, a firm or corporation which permits or allows the accumulation, burial, or dispersal of municipal waste, garbage, refuse, rubbish or ashes on or about the property within Schwenksville Borough and/or places, deposits or disposes of the same on, about or in property within Schwenksville Borough shall be in violation of this chapter and shall be subject to enforcement and/or penalties as hereinafter provided.
Equipment. The collector or trash hauler shall be required to collect and remove refuse in motor-driven vehicles having enclosed steel bodies with steel covers and watertight and nonleakable automatic packer-type bodies, and to so conduct the collection, removal, and transportation of the refuse under such agreement so as to assure general cleanliness and sanitation throughout the entire process and operation thereof. The hauler/collector's unit shall be equipped with appropriate devices to handle containers having a maximum capacity of 96 gallons. Each licensed hauler/collector shall furnish evidence satisfactory to the Borough that he has available equipment by ownership or by valid lease agreement for collecting and disposal of materials and that all equipment for transporting of materials will comply with the sanitary and watertight requirements set forth by the Borough.
Preparation for collection. All municipal waste, garbage, refuse, rubbish or ashes, before being placed into receptacles for collection, shall have drained from it, as far as practical, all free liquid and shall have removed therefrom all identified recyclable materials as otherwise required by this or other applicable ordinances, statutes and codes, and further shall. have removed therefrom all residual or hazardous waste as now or hereinafter defined or as defined by the regulations and requirements of the Pennsylvania Department of Environmental Protection for such materials as contained or constitute toxic, poisonous or hazardous substances harmful to human health and welfare. Combustible waste and/or ashes shall be placed in separate, fire-resistant containers and such municipal waste, garbage, refuse, rubbish or ashes shall be placed in approved containers, as hereinafter identified, in a secure manner so as to be easily handled by the collector and to insure against the release, discharge and/or disbursement of such materials from such approved containers.
Containers; preparation and placement for collection. Every person, resident, householder, tenant, property owner, wholesale and retail business interest as well as all parties or persons occupying residences, dwellings, or units thereof, shall acquire and/or provide an appropriate refuse container (or shall obtain one from the approved subcontractor) consisting of a portable receptacle with a capacity of not more than 96 gallons, which is constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors. The receptacle shall be kept outside of the residence, building, store or other structure to be maintained at the rear or side of said structure accepting only placement of said receptacle at a place convenient for collection of its contents prior to the time, not to exceed 24 hours prior thereto, set for collection as shall be provided and approved by the Borough or its subcontractor. Further, said person, resident, householder, tenant, property owner, wholesale and retail business interest, as well as all parties or persons occupying residences, dwellings, or units thereof, shall place the daily accumulation of municipal waste, garbage, refuse, rubbish and ashes in a refuse bag consisting of a polyethylene bag which is watertight and adequate to fully confine such material and specifically designed for storage and collection of such material, which refuse bag shall be packed in a manner so as to prevent scattering of the contents thereof and with particular care taken to prevent the package from breaking open, and which bag and contents thereof shall be placed wholly within the receptacle so that the lid can be tightly fitted thereon. At no time shall such receptacles or bags be placed or kept upon the front of any such property, the street, sidewalk or other public place except the same may be placed at a point accessible to the collector not more than 24 hours prior to the scheduled time of collection, and each such individual, person or owner shall be responsible for the receptacle, refuse bag and other contents thereof until such time as the same is collected by the Borough and/or its independent subcontractor.
Manner and frequency of collection. The hauler/collector for the Borough, or its independent subcontractor, shall remove promptly in as clean a manner as possible such refuse bags and the contents thereof and return their receptacles to the premises from which the same was removed. The collection of the refuse bags shall be made from each and every improved or occupied property within the Borough at least once every week, and such additional times as may be otherwise provided by the Borough or by a contract with an independent subcontractor, or such appropriate times as to take into account holidays, weather-related events or other circumstances as further provided for in any said contract.
Unlawful to interfere with or remove containers. It shall be unlawful for any parson, other than the owner or an officer or employee of the Borough, or an employee of a firm or corporation holding a contract with the Borough, to interfere in any manner with any container, receptacle or refuse bag from the location where the same was placed by the owner thereof or to remove the contents from any such container, receptacle or refuse bag. Any person violating this provision shall be subject to the enforcement terms and penalties as hereinafter provided.
Authorized persons only may collect and transport municipal waste. No person, firm, association or corporation, except the Borough of Schwenksville and/or its own independently contracted subagent, shall be permitted to collect municipal waste or transport, convey or transmit municipal waste generated within Schwenksville Borough through, on, or across the streets, alleys or public places of the Borough, such activities being a violation and subject to the penalties hereinafter provided excepting only such persons, firms, associations or corporations transporting municipal waste through the Borough, which waste is generated from outside the Borough and traveling through the Borough to a foreign disposal site.
Hours of collection. No vehicle intended solely for domestic collection shall operate on any street, roadway, cartway, public thoroughfare or highway while not in the normal course of domestic solid waste collection for customers or constituents within Schwenksville Borough, and further, no vehicle intended solely for domestic collection as herein identified shall operate on any of the streets, highways, roadways as aforesaid except from the hours of 5:00 a.m., prevailing time, to 2:00 p.m., prevailing time, Monday through Friday.
Disposal. Each collector applying for a license shall only dispose of municipal waste collected in Schwenksville Borough at a facility permitted to accept such waste by the Department of Environmental Protection and shall provide a valid agreement, not subject to cancellation, covering use of an approved disposal facility in accordance with the Montgomery County Waste Management Plan. Such agreement shall accompany the application for license.
Complaints. The Borough Council shall have the right to determine finally the true validity of any complaints made by residents as to failure of the collector to collect fees in accordance with his license, and the Borough Council's decision shall be final and binding upon the collector.
Certificates of insurance. No person shall be entitled to register with the Borough as a collector unless such collector can show certificates of insurance covering public liability for both bodily injury and property damage, owners' and contractors' protective insurance and automobile insurance with respect to personal injuries and property damage. Such insurance shall be an amount that shall be, from time to time, set forth by the Schwenksville Borough Council by regulations established by resolution adopted hereunder. Each and every policy of insurance herein mentioned which is required pursuant to the terms of this chapter shall carry with it an endorsement to the effect that the insurance carrier will convey to Schwenksville Borough, by certified mail, written notice of any modification, alteration or cancellation of any such policy or policies or the terms thereof. The above-mentioned written notice shall be mailed to Schwenksville Borough at least 30 days prior to the effective date of any such modification, alteration or cancellation.
Workmen's compensation. The hauler/collector shall be obligated to provide workmen's compensation coverage and shall fulfill the terms and save harmless the Borough and all its officers, agents and employees, successors and assigns, jointly and severally, of and from all manner of losses, suits, actions, payments, costs, charges, damages, judgments or claims or demands of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons, or property by reason of any act, omission, negligence or a misconduct of said contractor, his agents or employees in the execution of the conditions and requirements of this chapter.
Assignment prohibited. The hauler/collector shall not assign his license issued pursuant to this chapter or his obligations arising under a contract with the Borough in whole or in part without the written consent of the Borough. Such consent does not release the contractor from any of his or its obligations and liabilities arising under the contract or the license. Any violations of this chapter or specifications shall be sufficient cause for the immediate cancellation of the license and/or the contract by Borough Council.
Independent contractor. Every hauler/contractor granted a license by the Borough of Schwenksville shall not in any manner be construed as an agent, servant or employee of the Borough, but shall, at all times, be considered and remain an independent contractor of the Borough of Schwenksville.
Cancellation of license. Any violation of this chapter shall be sufficient cause for the immediate revocation of the license and for the immediate termination of the contract with Schwenksville Borough.
Enforcement. The Borough shall and does hereby direct the participation by individuals, persons, household and other occupants of structures, improved and/or occupied properties in such curbside garbage collection program, subject to the approved fees for the same, and shall enforce the maintenance of proper receptacles placed in suitable locations on or about the premises and shall, through its code enforcement offices and the offices of the Borough Solicitor, institute the prosecution of all persons, firms, associations or corporations or groups of persons violating any of the provisions of this chapter to the end that the terms of the chapter shall be strictly enforced. In addition, the Borough may enforce all charges and fees lawfully imposed under this chapter for the collection, removal and disposal of all municipal waste, garbage, refuse, rubbish and ashes by filing a municipal claim or other civil procedure as recognized by the courts and statutes of this commonwealth. The Borough, by and through its code enforcement office and the offices of the Solicitor of the Borough shall be authorized to seek relief in the nature of injunctive relief, restraining orders and/or such other remedies as may be appropriate to insure the compliance with the provisions of this chapter and strict enforcement of the same subject to such proceedings being pursued in accordance with the standards and procedures as established by the Courts and statutes of this commonwealth.
The collection of municipal waste and recyclable materials by municipal waste collectors, and the preparation for collection of municipal waste and recyclable materials by property owners and residents of the Borough shall be made in compliance with the regulations to be adopted by the Borough Council of Schwenksville Borough to carry out the intent and purpose of this article. Such rules and regulations shall be approved by resolution of the Borough Council and, when so approved, shall have the same force and effect as the provisions of this article. The said rules and regulations may be amended, modified or repealed by resolution of Borough Council.
[Amended 11-11-2004 by Ord. No. 323]
Each individual, person, firm, association, or corporation being the owner of an improved or occupied property or person or entity producing municipal waste, garbage, refuse, rubbish or ashes, or being responsible for the disposal or existence of such municipal waste, garbage, refuse, rubbish or ashes, or for whom the same is removed, or being the owner of any premises on which municipal waste, garbage, refuse, rubbish or ashes are now in existence or is produced, and which accumulation may require removal, shall pay and be subject to a fee for such services in an amount equal to the cost of collection, transportation, disposal and/or rental of equipment in an amount adopted and endorsed by the Borough as may be hereinafter established from time to time by resolution or motion of the Borough Council in accordance with the terms and conditions of any collection or disposal contract entered into between the Borough and an independent subcontractor, with the right to review such rate being vested wholly within the Schwenksville Borough Council, with such rate to be determined at the discretion of the Borough Council by and on behalf of Schwenksville Borough.
On or before February 15 of each year, the Borough Manager shall submit a report to Montgomery County, which shall describe the weight or volume of materials that were recycled by the municipal recycling program in the preceding calendar year.
Any person who violates any provisions of this article or of the regulations adopted hereunder, or any person who knowingly commits, takes part, or assists in any such violation shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Each day on which a violation of this article continues shall constitute a separate offense punishable by a like fine or penalty. In addition to this penalty, the Borough may institute any appropriate action or proceeding, whether by legal process or otherwise, to prevent any illegal act, conduct, business or use on or about such premises subject to this article.