[HISTORY: Adopted by the Borough Council
of the Borough of Schwenksville as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
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."
The purpose and goals of this article shall
be as follows:
A.
Require waste reduction and recycling as a means of
managing municipal waste, conserving resources and supplying energy.
B.
Protect the public health, safety and welfare from
the short- and long-term dangers of collection, transportation, processing
and storage of municipal waste.
C.
Utilize, wherever feasible, the capabilities of private
enterprise in accomplishing the desired objectives of an effective,
comprehensive solid waste management program.
D.
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.
E.
Recycle at least 25% of all municipal waste and source-separated
recyclable materials generated in Schwenksville Borough on and after
January 1, 1997.
F.
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.
G.
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.
H.
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.
I.
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.
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.
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.
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.
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[1] 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.
Any collector licensed pursuant to the provisions of this
article and the rules and regulations promulgated hereunder.
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.
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.
Any commonwealth agency or local public agency.
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.
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.
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.
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."[2] 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."[3]
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:
Any composting facility;
Methane gas extraction from a municipal waste
landfill;
Any separation and collection center, dropoff
point or collection center for recycling, or any source-separation
or collection center for composting leaf waste.
Any facility, including all units in the facility,
with a total processing capacity of less than 50 tons per day.
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.
The Act of July 7, 1980 (P.L. 380, No. 97).[4]
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.
Design, manufacture or use of a product to minimize weight
of municipal waste that requires processing or disposal, including
but not limited to:
A.
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.
B.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
It shall be unlawful to permit an unlicensed collector
to collect or remove municipal waste or recyclable materials from
any household.
A.
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 4000.1111.
B.
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[2] 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.
[2]
Editor's Note: See 35 P.S. § 6018.101
et seq. and 53 P.S. § 4000.101 et seq., respectively.
C.
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.
A.
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.
B.
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.
A.
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.
(1)
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.
(2)
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.
(3)
Collection. Recyclable materials shall be source-separated
and placed at curbside for collection at a minimum of once per week.
(4)
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.
(5)
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.
B.
Nonresidential.
(1)
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.
(2)
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.
(3)
Collection of municipal waste and recyclables shall
be made by a licensed collector at a minimum of once per week.
(4)
Prohibition. No person shall place municipal waste
in containers used for the separation and collection of municipal
waste
(5)
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.
(6)
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]
A.
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]
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
Q.
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.
