[HISTORY: Adopted by the Borough Council of the Borough of
Narberth 10-19-2023 by Ord. No. 1060.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 437, Solid
Waste, which consisted of Art. I, Recycling, adopted 12-9-1985 by Ord. No. 752 (Ch. 97 of the 1986 Code), as amended; Art. II, Garbage, Rubbish and Refuse, adopted 12-30-1985 by Ord. No.
755 (Ch. 72 of the 1986 Code), as amended; and Art. III, Municipal Waste, adopted 5-8-1989 by Ord. No. 783, as amended.
A.
It is the purpose and intent of this chapter to promote the public
health, safety and general welfare of the citizens, businesses, and
visitors to the Borough of Narberth by providing for a system of collection
and disposal of garbage and refuse generated within the Borough.
B.
The Commonwealth of Pennsylvania has enacted the Solid Waste Management
Act, Act of July 7, 1980, P.L. 380, Act No. 97,[1] and the Municipal Waste Planning, Recycling and Waste
Reduction Act, Act of July 28, 1988, P.L. 556, Act No. 101.[2] The provisions of this chapter are intended to comply
with the provisions of those statutes and should be construed accordingly.
C.
The public health, safety and welfare of the community requires a
municipally sponsored program of garbage and refuse removal to prevent
the accumulation of such waste on private and public property. It
is the intent of this chapter to establish classes of uses and to
provide waste removal service within such classifications.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
The Borough of Narberth, Montgomery County, Pennsylvania.
Items that are too large to be properly disposed of in waste
containers and otherwise acceptable for pickup by the Borough's
waste hauler as a bulk waste item. Bulk waste shall specifically not
include tires, fluorescent bulbs, batteries, electronic waste, hazardous
waste, or infectious waste.
Electronic devices covered under the Pennsylvania Covered
Device Recycling Act,[1] including desktop computers, laptop computers, computer
monitors, computer peripherals, televisions, tablets, and e-readers.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods and other putrescible
wastes. It shall not include more than a minimum amount of free liquid.
It shall not include unacceptable waste, sewage, food-processing waste
from canneries, packing plants or similar industries, or large quantities
of condemned food products.
All products made from silica or sand, soda ash and limestone;
the product may be transparent, translucent or colored and may be
used as a container for packaging or bottling of various matter; and
all other material commonly known as "glass."
Any waste that is regulated by any state or federal governmental
agencies and classified by said agencies as hazardous waste.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines, and slaughterhouses.
Any waste that is regulated by any state or federal governmental
agencies and classified by said agencies as infectious waste.
Any establishment engaged in service, including, but not
limited to; hospitals, clinics, nursing homes, orphanages, schools,
universities, and places of religious worship.
Paper of the type commonly referred to as "newsprint" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest.
Not exceeding 96 gallons within acceptable refuse containers
for refuse and not exceeding 96 gallons within acceptable recycling
containers for recyclables, on a single, applicable waste collection
day.
Includes a lessee or owner of a property and includes a person,
firm or corporation which owns or leases a property or a portion of
a property.
Aluminum cans, glass containers or bottles, recyclable plastics,
newspaper, and such other materials specified by the Borough to be
recycled in the Borough's recycling regulations resulting from
this chapter and as revised from time to time as deemed necessary
by resolution of Borough Council.
Containers used for temporarily storing recyclables that
shall be constructed in such a manner as to be strong, watertight,
not easily corrodible, rodentproof, insect proof, and of a volume
and weight acceptable to the waste hauler. Recycling containers shall
have tightly fitting lids or covers to prevent odors from escaping
or recyclables from being blown, dropped or spilled outside of the
recycling container.
Normal household refuse, including garbage, but not including
unacceptable waste, waste from building construction, street refuse,
industrial refuse, dead animals, machinery or vehicles or parts thereof,
tires, bulky furniture and furnishings or large metal objects and
appliances, other waste materials as are not commonly produced in
homes, stores, and similar institutions, and other materials specifically
disapproved for or by any utilized transfer station or for landfill
disposal by the Pennsylvania Department of Environmental Protection.
Containers used for temporarily storing refuse that shall
be constructed in such a manner as to be strong, watertight, not easily
corrodible, rodentproof, insect proof, and of a volume and weight
acceptable to the waste hauler. Refuse containers shall have tightly
fitting lids or covers to prevent odors from escaping or refuse from
being blown, dropped or spilled of the refuse container. A waste dumpster
or temporary dumpster is not considered a refuse container.
Any garbage, refuse, sludge, or other discarded material
or other waste, including solid, liquid, semisolid, or contained gaseous
materials resulting from industrial, mining, and agricultural operations.
A dumpster obtained and used through a dumpster permit from
the Borough.
Explosive or highly flammable materials, infectious waste,
residual waste, hazardous waste, electronic waste, radioactive materials,
sludge, cesspools, human waste, human and animal remains, motor vehicles,
tires, stones, dirt, liquid waste, oil-based paint, containers of
gaseous materials which may pose a hazard, hazardous substances as
defined in the Federal Comprehensive Environmental Response, Compensation,
and Liability Act and any analogous federal, state or local law, ordinance,
rule or regulation as may be applicable, any item that is smoldering
or on fire, construction and demolition debris or rubbish, ashes,
incinerator residue or foundry sand, and wastes in quantities and
concentrations which require special handling in their collection
and/or processing, including medical or other "red bag waste," and
any worn apparel, bedding or other waste from homes or other places
where highly infectious or contagious diseases have been identified.
Refuse, recyclables, and/or yard waste.
A refuse container or recycling container.
A large receptacle for the storage of refuse or recyclables
on a reoccurring basis and designed to be hoisted and emptied into
a truck designed to haul waste.
A business entity contracted by the Borough to collect the
waste in the Borough from designated properties pursuant to a contract
with the Borough or a business entity privately contracted by a person
to collect waste for a specific property or properties within the
Borough. A waste hauler may offer a collection for bulk waste or other
collection services within the Borough. The Borough may elect to be
a waste hauler if so desired by the Borough.
Tree clippings, bush clippings, leaves, grass clippings,
flowers and plants, tree branches, and other similar yard debris collected
or stored on the premises. Dirt and stone(s) shall not be considered
yard waste. Leaf waste being composted for personal use shall not
be considered yard waste.
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
The Borough Manager is hereby authorized and empowered to establish
and promulgate regulations on the manner, days, and times of collections,
the description and classifications of waste, the bundling, handling,
location and time of placement of waste for collection, and the management
and supervision of the waste hauler on behalf of the Borough.
A.
All persons placing waste for collection by the waste hauler and
all properties of the Borough shall separate all recyclables and yard
waste to be collected from the refuse produced at their property and
shall place the same for collection by the waste hauler in accordance
with this chapter and regulations promulgated by the Borough.
B.
The Borough reserves the right not to collect refuse, recyclables,
and/or yard waste intermingled in the same waste container.
It shall be a violation of this chapter for any person, other
than the Borough or a waste hauler, to collect the waste placed in
a waste container or waste dumpster for collection by a waste hauler,
unless such person has prior written permission by the Borough or
is a privately retained waste hauler for a property. Each unauthorized
collection in violation hereof from one or more properties on one
calendar day shall constitute a separate and distinct offense punishable
as hereinafter provided.
For the purposes of this chapter, properties shall be divided
into three classes:
A.
Residential dwelling: a property designed for and occupied exclusively
as a home or residence for a single-family or two-family dwelling
and no commercial establishments.
B.
Multifamily dwelling: a property designed for and occupied exclusively
by either three-, four-, or five-family dwelling units, with each
family separate and apart from the other, and no commercial establishments.
C.
Commercial establishments: a property or a portion of a property
used primarily to conduct commercial activities, business, or similar
services; institutional establishments; and/or any property with more
than five-family dwelling units, with each family separate and apart
from the other.
The Borough shall provide for the collection and disposal of
waste generated from all residential dwellings, commercial establishments,
and multifamily dwellings located within the Borough. Industrial establishments
shall not be provided collection and disposal services through the
Borough. Industrial establishments shall be responsible for independently
obtaining hauling services from a licensed hauler. All independent
arrangements with licensed haulers shall comply with the provisions
set forth in this chapter.
A.
Residential dwellings, multifamily dwellings, and commercial establishments
may place, for collection by the waste hauler, waste for each dwelling
unit contained therein on each designated collection day for such
Waste in the proper and acceptable waste container. Waste containers
placed for curbside collection may be put out no earlier than 7:00
p.m. on the night before and no later than 7:00 a.m. on the day of
collection. Refuse containers and recycling containers must be retrieved
no later than 9:00 p.m. of the day of collection.
B.
All waste placed for collection must be in a proper and acceptable
waste container placed at curbside or within five feet of the edge
of the cartway, at ground level, be readily visible from the cartway,
and be within the same location each time it is offered for collection.
The point of collection must be adjacent to a street, alleyway or
other cartway kept free of snow or other obstruction and both constructed
and maintained to a standard that will allow ready access. If placed
on a sidewalk, the waste container must be placed in a manner to provide
for a clear, unobstructed pathway of at least 36 inches (three feet)
in width to allow for use of the sidewalk.
C.
All waste placed for collection shall be deemed to be forfeited and
abandoned by the person offering such waste for collection.
D.
No persons shall place accumulated or collected waste or bulk trash
from a property in any waste containers made available to the general
public and located in and around the Borough's commercial areas,
public rights-of-way, or Borough owned or controlled properties, unless
written permission is provided by the Borough. No persons shall place
any waste in a waste dumpster on any Borough-owned or controlled properties
without the permission of the Borough.
E.
Unacceptable waste is not permitted to be placed in waste containers
or otherwise made available for collection. Persons shall be responsible
for arranging for their own proper, lawful disposal of bulk waste
and for the proper removal and disposal of unacceptable waste.
F.
If and when permitted by the waste hauler, Christmas trees may be
placed for curbside collection without being placed in a waste container.
A.
No person shall place any waste in any street or highway, alley or
other public place nor upon any private property, whether owned by
such person or not, within the Borough, except that the same shall
be in acceptable waste containers for collection by a waste hauler.
No person shall throw or deposit any waste in any stream, body of
water, or sewer or storm drain inlet.
B.
Unless otherwise specified herein, any property containing more than
ten-family dwelling units shall be required to provide separate waste
dumpsters for the storage and collection of the property's refuse
and recyclables and shall not be permitted to provide individual waste
containers for the family dwelling units for waste collection. Any
property providing waste dumpsters must maintain different waste dumpsters
for the storage of refuse and the storage of recyclables. A property
with more than five-family dwelling units but less than 10 dwelling
units may provide for a waste dumpster in lieu of individual waste
containers. In addition, if the Borough Manager determines that, due
to limitations of a property's size, access, or building orientation,
a commercial establishment or apartment containing more than ten-family
dwelling units cannot reasonably accommodate a waste dumpster, the
Borough Manager may approve such property to place no more than five
waste containers out for collection by a waste hauler or permit waste
containers to be stored in an approved waste storage area on the property
and transported by the waste hauler to the waste collection vehicle
and then returned to the approved waste storage area at the time of
waste collection.
C.
Any unauthorized accumulation of waste, or storage of waste outside
of waste containers or waste dumpsters or within unacceptable waste
containers or waste dumpsters is hereby deemed to be a nuisance and
is hereby prohibited. The accumulation and storage of acceptable waste
in a temporary dumpster shall be permitted according to the terms
of the dumpster permit issued by the Borough.
D.
Outside of the permitted, applicable waste collection time periods,
waste containers and waste dumpsters shall be stored as follows, and
bulk trash shall not be visible outside of the property from a public
roadway:
(1)
(2)
Specific to residential dwellings in the 5a and 5b Zoning Districts,
and all multifamily and commercial establishments in all zoning districts:
(3)
Enclosures shall be constructed of brick, wood, or metal fencing
only and shall effectively screen the view of the area where waste
containers and/or waste dumpsters are placed, including all associated
receptacles, from neighboring properties. Alternatively, the area
around the location where waste containers and/or waste dumpsters
are placed can be surrounded by a four-foot-wide continuous planting
of evergreen shrubs and/or grasses to form an opaque, year-round visual
screen of sufficient height and bulk to effectively screen the view
from neighboring properties.
E.
It shall be unlawful for any person, other than the occupants of
the property upon which the waste containers are stored or the waste
collector, to remove a cover for a refuse container and recycling
container, except when necessary to deposit or remove the applicable
waste from such containers. Waste containers and waste dumpsters shall
be kept in a sanitary condition with the outside thereof clean and
free from accumulative grease and decomposing material, and this responsibility
shall be that of the person offering the waste for collection.
F.
The abandoning, discarding, storing, or keeping in any place accessible
to children of refrigerators, iceboxes, freezers, or similar containers
of capacity of 1.5 cubic feet or more which are no longer used for
refrigeration purposes, without removing the attached doors, hinges,
lids, or latches, is hereby prohibited and deemed a public nuisance.
G.
Storage and disposal of any unauthorized waste shall comply with
any laws or regulations governing such waste.
H.
Waste dumpsters shall be designed in a manner to fully enclose the
waste or recyclables stored inside, with access through side doors
or a lid that shall be closed when not in use. Waste dumpsters shall
be maintained in a manner to prevent waste or recyclables from being
blown, dropped or spilled outside of the waste dumpster. Waste dumpsters
shall be located on the property in a location that does not create
detectable odors on a neighboring property.
A.
It is the intent of this chapter that the Borough shall arrange for
the collection of a reasonable accumulation of waste during a collection
period at standard charges imposed by the Borough, residential dwellings,
multifamily dwellings, and commercial establishments may place, for
collection by the Borough's waste hauler, no more than one unit
of waste per dwelling unit on each designated, applicable collection
day for such waste.
B.
It is the intent of this chapter that residential dwellings, multifamily
dwellings, and commercial establishments with waste in excess of one
unit of waste per dwelling/commercial unit within a waste collection
period shall privately contract for and have their accumulation of
waste collected at reasonable times so as to protect the public health
and safety.
C.
The Borough shall maintain the right to refuse to collect any waste
which is maintained, stored or placed for collection in violation
of the provisions of this chapter.
A.
Licensing. No person who is not duly licensed by the Borough may
collect or transport waste located or generated within the Borough.
All private waste haulers shall obtain a license from the Borough
Manager. Private waste haulers shall be required to provide the Borough
with an explanation of collection route, the days and time of collection
and a certificate insurance listing the Borough as additional insured
in accordance with the Borough's minimum insurance requirements.
Days and times of operation shall be approved by the Borough to protect
the public health, safety, and welfare prior to the commencement of
service. All amendments to routes, days, or times shall also obtain
prior approval.
B.
Compliance with rules, regulations and ordinances. In carrying on
activities related to waste collection or transportation within the
Borough, all municipal waste collectors and all municipal waste transporters
shall comply with this chapter and the other municipal waste flow
ordinances and all rules and regulations pertaining to the collection,
transportation and disposal of solid waste as may be hereafter promulgated
by the Borough.
C.
Administration. Waste collection practices performed hereunder shall
be approved, administered and revoked by the Borough. Any waste collectors
or transporters who fail to comply with the provisions of this chapter
shall be subject to any applicable sanctions under law or pursuant
to any contracts with the Borough.
D.
All waste collection vehicles conveying waste shall be operated and
maintained in a manner that will prevent creation of a nuisance or
a hazard to public health, safety and welfare, including nuisances
resulting from waste collection occurring outside of the permitted
hours for collection.
E.
All waste collection vehicles conveying putrescible waste shall be
watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors and the creation of odors and other nuisances.
F.
All waste collection vehicles conveying nonputrescible waste shall
be capable of being enclosed or covered to prevent litter and other
nuisances.
G.
All waste collection vehicles conveying waste shall bear signs identifying
the name and business address of the person that owns the vehicle
and the specific type of material transported by the vehicle. All
such signs shall have lettering which is at least six inches in height.
H.
All waste collection vehicles and equipment used by waste haulers
shall be subject to inspection by Narberth Borough or its authorized
agents at any reasonable hour without prior notification.
I.
All waste haulers or collectors shall comply with any and all noise
regulations and traffic regulations of the Borough.
J.
It shall be a violation of this chapter for any waste hauler or collector
to transport, process, treat, transfer or dispose of, or cause to
be processed, treated, transferred or disposed of, waste generated
within the Borough except as provided for in this chapter.
A.
Borough Council via resolution will annually set the pricing for
waste collection offered by the Borough, not to exceed the costs of
collection and disposal, including any overhead and administrative
costs. Borough Council may establish varying fees and differing classifications
for commercial establishments and multifamily dwellings based upon
the anticipated waste to be generated and/or anticipated waste collection
needs of the property.
B.
Appropriate additional charges as fixed by the Borough Council shall
be made for the collection and removal of bulk waste or other services,
if offered by the Borough or a waste hauler.
The Borough Code Enforcement Officer, and any other persons
appointed by Borough Council, shall have the authority to do inspections,
issue citations, pursue prosecutions, and enforce the provisions of
this chapter.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Montgomery County.
B.
The penalties and remedies prescribed by this chapter shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Borough from exercising any other remedy provided by this chapter or otherwise provided at law or equity, including, but not limited to, enforcement under Chapter 394, Property Maintenance, and Chapter 366, Nuisances.
C.
The landowner of any property that is occupied or utilized by persons
convicted of violating any provisions of this chapter shall, if a
subsequent violation is issued, also be subject to enforcement proceedings
and, upon conviction, be subject to a fine, fees, and costs as set
forth above.
