[HISTORY: Adopted by the Borough Council
of the Borough of Malvern as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Dumping and accumulation — See Ch. 153, Art. I.
[Adopted 11-17-1998 by Ord. No. 98-10[1] (Part 5, Ch. 2, Art. A, of the 1975 Code of Ordinances)]
[1]
Editor's Note: The veto on this article was
overridden on 12-15-1998, considered the enactment date.
A.
Planning and providing for municipal waste disposal
is difficult and expensive. Landfills and other disposal facilities
can have substantial impacts on the environment. Therefore, reduction
of the amount of municipal waste and conservation of recyclable materials
is an important public objective.
B.
It is in the general public interest to require all residents to
have waste services and recycling services, to encourage all commercial,
institutional and municipal establishments to have recycling services,
and to facilitate recycling and recycling education.
[Amended 8-2-2011 by Ord. No. 2011-4]
A.
ASHES
BOROUGH COLLECTION PROPERTIES
BULK CONTAINER
BULKY WASTE
CONSTRUCTION DEBRIS
GARBAGE
HAZARDOUS WASTE
LICENSED REFUSE COLLECTION CONTRACTOR
MIXED USE
PLANT WASTE
PREMISES
PRIVATE COLLECTION PROPERTIES
RECYCLABLE GLASS
RECYCLABLE METAL CONTAINERS
RECYCLABLE PAPER
RECYCLABLE PLASTICS
RECYCLABLES
REFUSE
REFUSE CONTAINER
RUBBISH
ZONING ORDINANCE
The following words, when used in this article, shall
have the meanings identified in the section, unless the context clearly
indicates otherwise:
The residue resulting from the burning of wood, coal, coke
or other combustible material.
The premises at which the Borough will collect refuse generated
by permitted (under the Zoning Ordinance) use(s) of the premises.
Borough collection properties include only residential dwelling units
which are not part of a mixed use or in a building or on a lot or
premises with six or fewer dwelling units.
A dumpster or similar refuse container designed to be emptied
by machine and/or truck-mounted lifting equipment.
All items that are of a size such that they cannot be placed
in a standard-size municipal waste container. Bulky waste includes
items such as furniture and appliances. Bulky waste does not include
construction debris, hazardous materials, automotive parts, tires
or plant waste.
Customary, nonhazardous waste building materials and associated
packing generated by activities involving construction, remodeling,
repair or demolition operations.
All animal and vegetable wastes resulting from the handling,
preparation, cooking or consumption of foods.
Any waste which contains any substance, material, chemical,
compound or mixture, the use or disposal of which is restricted by
law or regulation, whether federal, state, county or municipal; such
waste includes but is not limited to solid waste that is especially
harmful or potentially harmful to public health, as defined in the
Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101
et seq.), and any pollutant, contaminant, toxic or hazardous waste,
any dangerous, potentially dangerous, noxious or toxic substance,
flammable, explosive, radioactive material, medical waste, urea formaldehyde,
foam insulation, asbestos, PCBs, or any other substance the removal
of which is required or the manufacture, preparation, production,
generation, use, maintenance, treatment, storage, transfer, handling
or ownership of which is restricted, prohibited, regulated or penalized
by any federal, state, county or municipal laws or regulations, now
or at any time hereafter in effect, including, but not limited to,
the Comprehensive Environmental Response, Compensation and Liability
Act (42 U.S.C. § 9601 et seq.), the Hazardous Materials
Transportation Act (49 U.S.C. § 1801 et seq.[1]), the Resource Conservation and Recovery Act (42 U.S.C.
§ 6901 et seq.), the Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C.
§ 7401 et seq.), the Toxic Substances Control Act, as amended
(15 U.S.C. § 2601 et seq.) and the Occupational Safety and
Health Act (29 U.S.C. § 651 et seq.), as such laws have
been or will be amended and supplemented.
A commercial refuse collection contractor licensed to dispose
of solid waste by the Chester County Health Department, the Pennsylvania
Department of Environmental Protection, or the United States Environmental
Protection Agency, or which has obtained a lawful permit to collect,
transport, and/or dispose of solid waste from any of the foregoing
agencies.
[Amended 6-21-2016 by Ord. No. 2016-10]
Any use of a lot or premises which includes one or more residential
dwelling unit(s) and any nonresidential use, as such uses are defined
by the Zoning Ordinance.
Leaves, garden residue, grass, shrubbery and tree trimmings
and similar plant materials grown at the premises.
A lot, parcel or parcels used as a single principal use or
enterprise, a condominium or apartment, including all improvements.
All properties, premises and uses which are not Borough collection
properties. Private collection properties include, but are not limited
to, all properties used for industrial, commercial, restaurant, agricultural,
institutional, community, religious and philanthropic, rooming house,
boarding house, hotel, apartment buildings or developments and condominiums
with six or more dwelling units [as all those uses are commonly defined
and/or as they are defined by the Zoning Ordinance, all nonresidential
and mixed uses as well as any residential building or development
(e.g., apartment building or condominium development) with more than
six dwelling units on the premises].
Empty food and drink bottles and jars with their lids removed
and rinsed (all colors-amber, green and clear).
[Amended 4-17-2007 by Ord. No. 2007-3]
Empty ferrous metal and aluminum food and beverage containers.
Mixed paper, including cardboard, paper bags, magazines,
all mail, phone books, home, office and school paper; but not soiled
or saturated paper.
[Amended 4-17-2007 by Ord. No. 2007-3]
Commingled plastic beverage containers, including PET/HDPE,
narrow-necked bottles and jars only, rinsed and caps removed.
[Amended 4-17-2007 by Ord. No. 2007-3]
Recyclable glass, paper and metal.
All solid waste, except body waste, and shall include garbage,
ashes and rubbish and all residential waste classified as municipal
waste under the Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act (Act 101 of 1988; 53 P.S. § 4000.101
et seq.).
Any container used to contain refuse placed at the street
curb for collection, such as returnable metal and plastic containers
and plastic bags.
Includes glass, metal, paper, plant waste, wood or nonputrescible
solid wastes, but not recyclables.
The Borough of Malvern Zoning Ordinance as that ordinance
may be amended from time to time.[2]
A.
All properties in the Borough shall have waste service and recycling
service provided by a licensed collection contractor. It shall be
unlawful for any person to deposit, dump, burn, bury, spill, throw
or place any refuse within the Borough, except in compliance with
all applicable regulations.
[Amended 8-2-2011 by Ord. No. 2011-4]
B.
No person shall burn or cause to be burned any paper,
boxes, rubbish, leaves, sticks or other wood or any material within
the Borough except in compliance with all applicable regulations.
The entire Borough shall be and is hereby constituted as fire limits.
This provision shall not apply to outside facilities for cooking or
to incinerators which have been approved, in writing, by the Fire
Marshal and which comply with all other applicable regulations. A
permit for outside burning may be issued, for unusual conditions,
upon application to the Borough. Other than for construction sites,
such permits shall be valid for 24 hours only. The Borough Council
may, from time to time, by written resolution, permit burning of leaves
and sticks.
A.
Regulations for Borough collection properties.
(1)
Placement of waste for Borough collection. Refuse
containers shall be placed, for collection, at the curb of the street
so as to be readily accessible to the authorized collector and not
to block use of any sidewalk, create any safety hazard or violate
any applicable regulations. The street along which refuse is so placed
must be a Borough public street or a private street approved for such
collection by the Borough. The Borough will not collect refuse from
any dumpster or bulk container.
(2)
Collection schedule. Curbside collections, for Borough
collection properties, shall be conducted on such day(s) of the week
as may be set and determined from time to time by a resolution of
the Borough Council. Such schedule of collection day(s) may specify
one or more separate days for the collection of recyclables, refuse,
or other types of solid waste.
[Amended 12-18-2018 by Ord. No. 2018-13]
(3)
The maximum allowable number of refuse containers
to be placed for collection on any one collection day shall be four
returnable metal or plastic containers per dwelling unit or six disposable
plastic bags, plus one bale of paper or plant waste (provided that
no such bale shall exceed 30 inches in length). The combination of
returnable containers and plastic bags may not exceed six.
[Amended 6-21-2016 by Ord. No. 2016-10]
(4)
Items not to be presented for Borough collection.
No person shall place, for weekly scheduled Borough collection, any
bulky waste, construction debris, hazardous waste, waste resulting
from manufacturing, industrial or commercial activity at the premises,
waste generated off the premises or any item that cannot be readily
carried by one person or would result in a safety or health hazard
to the refuse collector.
(5)
Special bulky waste collection. The Borough may schedule
special bulky waste collections. Such collection dates, terms and
conditions will be publicized in the local newspaper and on the community
bulletin board.
(6)
All owners, occupants and tenants of Borough collection
properties shall separate recyclables for collection.
B.
Regulations for private collection properties.
(1)
The owners of private collection properties shall
contract, at their sole cost and expense, for the separate collection
of refuse, recyclables and, if required by the Borough, corrugated
paper. Such contracts shall only be with a licensed refuse collection
contractor.
(2)
All owners, occupants or tenants of private collection
properties shall separate recyclables and, if required by the Borough,
corrugated paper, from refuse presented for collection.
(3)
Refuse presented at the street curb for private collection
must be in a refuse container or securely bailed and must be collected
and removed within 20 hours.
C.
Regulations for all properties.
(1)
Owner's duty to require and assist recycling. The
owners of rental properties shall establish and enforce a waste collection
system for tenants that will result in the requisite separation of
recyclables for collection by the refuse collection contractor. Such
a system should involve suitable containers for the recyclables and
written instructions to tenants identifying the materials to be recycled.
(2)
Duty of nonresidential establishments to require and
assist recycling. Nonresidential establishments shall develop, implement,
enforce and maintain a waste collection system for employees and others
at the premises so that recyclables will be separated as required
for collection by the refuse collection contractor. Such a system
should involve provision of suitable containers for recyclables and
instructing employees and others as to recycling requirements.
(3)
Recyclable paper shall be placed and presented for
collection in bundles secured with string or twine or placed in common-type
paper bags, but not plastic bags, so that the bundles can be handled
and loaded efficiently and without breaking or separating.
(4)
Recyclable glass shall be clean, rinsed, free of all
caps, cap rings, styrofoam labels, food, contents, debris and other
material (except paper labels) and placed and presented for collection
in a container provided by the Borough and used for that sole purpose,
which container shall not be filled so that its weight exceeds 50
pounds.
(5)
Recyclable metal containers shall be clean, rinsed,
free of food, contents, debris and other material (except paper labels)
and placed and presented for collection in a container, which container
shall not be filled so that its weight exceeds 50 pounds.
[Amended 4-17-2007 by Ord. No. 2007-3; 6-21-2016 by Ord. No. 2016-10]
A.
License always required. Only a licensed refuse collection contractor
may contract to and/or collect refuse within the Borough. No one shall
contract for the collection of refuse from a private collection property
except with a licensed refuse collection contractor.
B.
All vehicles used to collect and haul refuse within the Borough by
a licensed refuse collection contractor shall:
(1)
Comply with all applicable federal, state and local regulations;
(2)
Have enclosed bodies, or with respect to those used for bulky pickup,
have the body covered with a tarpaulin or canvas or other suitable
cover to prevent the loss of the contents during transportation;
(3)
Have watertight bodies of easily cleanable construction and shall
be kept clean to prevent odor and propagation or attraction of vectors;
and
(4)
Be in good repair and safe condition at all times.
[1]
Editor’s Note: Former § 173-6, Reporting requirements
of licensed refuse collection contractors, was repealed 6-21-2016
by Ord. No. 2016-10.
The Borough or its assigns shall be entitled
to have all recyclables placed at the curb or other place designated
by the Borough, for Borough collection. No person, other than a licensed
refuse collection contractor, shall collect or pick up or cause to
be collected or picked up any recyclable placed at the curb or any
other designated place for Borough collection. If an unauthorized
person collects recyclables from more than one Borough collection
property that person shall have committed a separate violation for
each such property. Each such violation shall be the basis for a separate
penalty.
[Amended 8-2-2011 by Ord. No. 2011-4]
A.
It shall
be unlawful and a public nuisance for any person to violate, cause
or assist in a violation of any provision of this chapter or violate,
cause or assist in the violation of any rule, regulation or resolution
promulgated by Borough Council pursuant to this chapter.
(1)
Any person, firm, institution or corporation who shall violate any
provision of this chapter, upon conviction thereof in an action brought
before a Magisterial District Justice in the manner provided for the
enforcement of summary offenses under the Pennsylvania Rules of Criminal
Procedure, shall be sentenced to pay a fine of not less than $100
nor more than $1,000, plus legal and remediation costs, and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 90 days.
(2)
The property owner is jointly and severally liable
with the tenant and/or occupant for any violation.
(3)
Each day's continuance of a violation of this article
shall constitute a separate offense for which a separate penalty may
be imposed.
(4)
The Borough Code Enforcement Officer is authorized
to enforce the terms of this article by appropriate proceedings in
law or equity.
[Adopted 5-18-2004 by Ord. No. 2004-1]
Unless otherwise expressly stated, the following
terms, whenever used within this article, specifically, shall be deemed
to mean the following:
The Pennsylvania Solid Waste Management Act of 1980.[1]
The Borough of Malvern.
Any container used in the course of demolition, construction,
renovation or organic rubbish removal for the purposes of storing,
containing and/or carrying debris. This article does not intend to
regulate garbage containers used, in the normal course, at a private
premise and left for ordinary trash removal by a public agency or
hauler or private collector.
Shall include the Malvern Borough Police Department and the
Malvern Borough Code Enforcement Official.
The animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of foods and other daily household
items to be discarded. It shall include waste from animals. It shall
not include more than a minimum amount of free liquids. It shall not
include food processing waste from canneries, packing plants or similar
industries nor large quantities of condemned food products.
Any person, firm, partnership, association or corporation
which is licensed and insured by the appropriate governmental agencies
to collect, transport and dispose of refuse.
Any solid waste or a combination of solid wastes, as defined
in the Act, which, because of its quantity, concentration, or its
physical, chemical or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
total population; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
Any individual or individuals in a corporation, partnership
or voluntary association.
Any dwelling, house, building, structure or vacant lot designated
or used, either wholly or in part, for private residential purposes
or place of business, whether inhabited, occupied or temporarily or
continuously uninhabited or vacant and shall include any yard, grounds,
walk, driveway, porch, steps, vestibule, or mailbox, belonging or
appurtenant to such dwelling, house, building or other structure.
Any property or structure owned, leased, or controlled by
the Borough of Malvern, the County of Chester, or the Commonwealth
of Pennsylvania.
All waste materials not included in "garbage," except street
refuse, industrial refuse, dead animals, abandoned large machinery,
vehicles, equipment or furnishings or such other waste materials as
are not commonly produced in homes, stores and institutions or which
cannot be enclosed within an approved refuse receptacle. Rubbish shall
not include materials that are recyclable and have been separated
and disposed of for recycling purposes.
[1]
Editor's Note: 35 P.S. § 6018.101
et seq.
No person, other than agents or employees of
the Borough, shall place, maintain, or use a dumpster or similar container
on public thoroughfares or other public property without first having
obtained a permit from the Borough to do so.
The person to whom the permit is issued pursuant to § 173-10, above, and § 173-13, below, shall be responsible for the following:
A.
The dumpster or similar container shall have proper
reflectors placed conspicuously upon it, with flashing signal lights,
or place illuminated barricades or other sufficient reflectors as
required by the enforcement official in order to ensure the safety
of pedestrian and/or vehicular traffic. Each dumpster shall have reflectors
placed both on the front and rear surfaces for night safety in such
a manner to indicate the height and width of it, with visibility of
500 feet by automobile headlights.
B.
There shall be no defect or faulty design in the dumpster,
or similar container, which might create a hazard to the general public,
interfere with its operation or inhibit the purpose for which it is
to be used.
C.
The placement of the dumpster or similar container
shall not block the flow of vehicular traffic or pedestrian traffic.
When any dumpster or similar container having a capacity of 10 cubic
yards or more is used, the person shall provide adequate protection
to the roadway and any adjacent surfaces as determined by the enforcement
official.
D.
The dumpster or similar container shall not be placed
within 15 feet of any fire hydrant.
E.
During all times when the dumpster or similar container
is in place and in use, a tarpaulin or other suitable weather-resistant
cover shall be placed over the container in order to protect the contents
from being displaced and/or causing litter on public or private property
or creating dust, offensive odors or other health hazards. In all
instances, the container shall, when necessary, be provided with adequate
restraints to prevent inadvertent movement from its original location.
The need for restraints shall be determined by the enforcement official
at the time the permit is issued.
F.
The dumpster or similar container shall be conspicuously
marked with the name, address and phone number of its owners, and
a copy of the current effective permit shall be visibly attached to
it.
G.
No overflow of any material shall be permitted from
the dumpster, nor shall any accumulation of any material next to the
container be permitted.
H.
I.
Hazardous waste and garbage shall not be stored in
dumpsters on public property.
This article shall not be construed to prohibit
the placement of any dumpster, or similar container, on private property
when such placement would not otherwise violate provisions of the
ordinances of the Borough, so long as the following conditions are
met:
A.
Dumpsters or similar containers on private property shall not be placed on the lawn or front yard of the property except by issuance of a permit by the enforcement official pursuant to § 173-10 herein.
B.
Placement of any dumpster or similar container in
a rear or side yard shall be placed in such a manner as to not constitute
a public nuisance or to interfere with the neighbors' usual or customary
use of their property.
A.
All permits required by this article shall be issued
by the Borough's Code Enforcement Official, following written application.
This application shall be on a form provided by the Borough. Before
the issuance of the permit, the Code Enforcement Official may consult
with the Malvern Borough Police Department or Public Works Department
to determine whether the proposed use and location of the container
will not constitute a traffic and/or public safety hazard.
B.
The following requirements apply to all permits issued
pursuant to this article:
(1)
The permit application is considered complete when
all required information is provided on the permit application.
(2)
The permit must be issued prior to the placement of
the dumpster or similar container.
(3)
All permits issued under this article shall be valid
for a period of 10 working days from the date of placement of the
dumpster or similar container, as stated in the application. If it
becomes necessary to amend the date of placement of the dumpster or
similar container, the applicant shall so notify the Borough Code
Enforcement Official and the 10 days will begin with the actual placement
of the dumpster or similar container.
(4)
An applicant may apply for an extension of the ten-working-day
period, to be granted by the enforcement official in increments of
10 working days, if the enforcement official deems the extension necessary
and reasonable. The applicant must apply for any extension at least
three days before the expiration of the original permit.
Each application for a permit for placement
of a dumpster or similar container on public property shall be accompanied
by a certificate of insurance in a form approved by the Borough Manager
and issued by one or more insurance companies authorized to do business
in the Commonwealth of Pennsylvania, certifying that said company
or companies have issued, written or bound the following policies,
which shall include a thirty-day written notice to the Borough prior
to cancellation.
A.
Comprehensive general liability (including death)
for not less than $1,000,000 per person and $3,000,000 per occurrence
and $100,000 in property damage coverage.
A.
Each application under this article shall be accompanied
by a fee of $25, including any application for an extension of an
already issued permit. The applicant will also be charged a fee of
$10 per day each day the dumpster or similar container is in use after
the initial first ten-day period.
B.
Reimbursement shall be made to the Borough for any
daily parking fees accrued for the dumpster or similar container if
it is placed in one or more metered parking spaces.
Violation of any terms and conditions of this article by the applicant, or the applicant's agents, employees or any contractors hired by the applicant, shall be reason for immediate revocation of the permit issued hereunder. The dumpster or similar container shall be removed immediately upon revocation. Such removal shall be in addition to the penalties described in § 173-17, below. If the applicant refuses to remove the dumpster or similar container within two days after receipt of the revocation notice, in writing, by the enforcement official, the Borough may cause the removal of the dumpster or similar container and the applicant will be responsible for the costs of same in addition to the penalties described in § 173-17, below.
A.
Any person
who shall violate or fail, neglect, or refuse to comply with any of
the provisions of this article shall, in addition to any other penalties
provided by law, upon conviction before the District Justice, be sentenced
to a fine of not more than $250, and the costs of prosecution thereof
for each and every offense. The continuation of an offense against
the provisions of this article, for each day the offense is continued,
shall constitute a separate and distinct offense.
