Purpose and Authority

The purpose of this Ordinance is to establish regulations on the collection of refuse within the Town of Berwyn Heights.  Section 402 of the Town Charter of Berwyn Heights vests the authority to the Council to enact such rules.
 

 Definitions

The following definitions are provided for the purpose of clarification.  Refuse will be broken down as follows:

A.  Normal Refuse – Refuse accumulated from the ordinary conduct of running a household.

B.  Yard Waste – Includes brush and branches, plant cuttings, grass clippings and leaves that are bagged.  The Town does not collect tree limbs or sections of tree trunks in excess of 4 inches in diameter.

C.   Loose Leaves – Leaves that fall from trees in autumn and are not bagged.

D.   Recyclable Material – Includes newspapers, magazines, glass bottles and jars, aluminum cans, tin-plated steel food and beverage cans, corrugated cardboard, advertising mail and other mixed paper.

E.  Hazardous Material – Any material that is harmful to collection crews or to the environment, or unacceptable for solid waste disposal including, but not limited to, paint, oil, solvents, gasoline, toxins, acids, caustics, explosives, ammunition, car batteries.

F.  Bulk Refuse – Including, but not limited to, one or two pieces of furniture (excluding sofa type beds), rugs,  doors and screens (washing machines, dryers.)  Total volume not to exceed three (3) cubic yards, not including metal appliances defined in Section 2H.

G.  Special Collection Materials – Bulk items in excess of three (3) cubic yards, not including metal appliances.

H.  Metal Appliances – Appliances such as clothes or dish washers, clothes dryers, compactors, garbage disposals, microwave ovens, stoves, water heaters and those containing refrigerants, including, but not limited to, refrigerators, freezers, window air conditioning units, dehumidifiers.

I.   Remodeling and Building Waste – Substances accumulated from remodeling or building repairs, including, but not limited to, dirt, loam, stones, wall paper, wall board, roofing, flooring, broken concrete.

J.   Motor Vehicles and Parts – Includes motor vehicles and their parts and accessories.

K.   Tires – Car, truck and bike tires.

L.    Imported refuse – items brought into town from other locations either in the normal course of a resident’s residency or work or by contract to dispose of or for storage.
 

 Refuse Collection Schedule

The Town shall be responsible for maintaining a regular collection schedule as outlined below:

A. Normal Refuse – Twice a week

B.  Yard Waste – Once a week

C.  Loose leaves – Schedule will be published in the September bulletin as per decision of the Public Works Director.

D.  Recyclable Material – Once a week

E.   Hazardous Material – Not collected; contact Public Works Department

F.   Bulk Refuse – Once a week as per Public Work Director

G.   Special Collection Material – Appointment with Public Works

H. Metal Appliances – Appointment with Public Works after fee(s) is/are paid

I.    Remodeling and Building Waste – Contractor or owner shall remove; if not, contact Public Works Department for estimate

J.   Motor Vehicles and Parts – Contact Public Works for advice.

K.  Tires – Appointment with Public Works after fee(s) is/are paid
 

 Duties of Owners and Occupants

All refuse for collection shall be placed at the curb prior to 7:30 a.m. on scheduled refuse collection days in a position easily accessible to the refuse collector, or at a point as may be designated by the Public Works Director.  One collection point will be recognized at each residence.  Refuse shall not be placed for collection prior to twelve (12) hours before scheduled collection.  Containers shall be removed from the curb the evening of refuse collection days, and placed in an area that is not visible from the street.  Households with no one physically able to place refuse for curbside pickup shall make written request for assistance to the Public Works Director.

A.                  Normal Refuse – All refuse shall be stored for collection in a suitable commercially available metal or heavy-duty plastic container with tight fitting lid not to exceed thirty-two (32) gallon capacity, or shall be stored in commercially available plastic bags which are tied at the top and sufficiently water tight to prevent the addition of any rain water, or the seepage of any waste matter.  Refuse containers that pose a hazard to collectors, including, but not limited to, jagged edges, will be disposed of by the Public Works Department after notification to the resident of the existing condition.  Plastic bags shall be of sufficient strength to prevent animals from breaking them open and to adequately retain the contents.

B.                   Yard Waste – The Town will provide yard waste collection on a weekly basis.  Yard waste must be separated from, but placed adjacent to, refuse for collection.  Branches must be no longer than 4 feet in length and 4 inches in diameter and tied in bundles with string or twine, not to exceed 2 ½ feet in diameter and 50 pounds in weight.  Plastic bags must be tied at the top to prevent the addition of any rainwater and must be of sufficient strength to support its contents during removal.  All leaves must be bagged for removal.  The Town does not remove tree limbs or tree trunks or any sections of wood that measure more than 4 inches in diameter.

C.                   Loose Leaves – The Town shall provide loose-leaf collection to residences on a street by street basis during the fall months.  Collection schedule will be advertised prior to the start of the season starting in the September bulletin.  Residents shall rake leaves as close to the curb as possible for collection, but shall not rake leaves or deposit yard waste or other debris into the street, gutter, drainage swale, or any other public place within the Town.  Persons owning or occupying property shall keep the gutter and/or sidewalk adjacent to their premises free from litter and debris.  All leaves must be bagged for collection except during published scheduled loose-leaf collection.  The Public Works Director shall determine the schedule based on availability of equipment, personnel and other factors.

D.                  Recyclable Material – The Town shall provide recycling service for all residences.  Residents shall place recyclable material separate from their regular trash for special pickup.  Paper material must be kept separate from all other material, and shall be placed in paper bags or tied with string.

E.                   Hazardous Material – Not collected by the Town and shall be disposed of by the residents at County designated sites.  Public Works can advise.

F.                   Bulk Refuse – Shall be placed at the curb by 7:30 a.m. on the day scheduled for pickup.  Bulk refuse shall not be placed for pickup prior to twelve (12) hours before scheduled collection.

G.                   Special Collection Materials – Households requiring a collection of more than 3 cubic yards of material will be required to contact the Public Works Director for inspection of the materials to be disposed of prior to placing them out for collection.  Upon inspection, the Director shall determine if the items can be disposed of safely without harming personnel or property and will be placed out in a manner that complies with the regulations set forth by the Town.  Once approved, a fee for disposal, determined by the volume, will be paid at the Town Office and a date for collection will be set and items removed.

H.                  Metal Appliances – Large appliances such as clothes or dish washers, clothes dryers, compactors, garbage disposals, microwave ovens, stoves, water heaters and those containing refrigerants, including, but not limited to, refrigerators, freezers, window air conditioning units, and dehumidifiers will be collected after payment of a disposal fee as established by the Public Works Department as outlined in Section 5H and posted in the Town Office.  Refrigerators and freezers must have doors removed or permanently sealed.  Payment of such fee may be made at the Town Office and a sticker will be issued to be placed on each item with amount of fee paid prior to pick-up.

I.                     Remodeling and Building Waste – Disposal of building or construction materials or waste there from, whether generated by the owner, occupant, or contractor is the responsibility of the owner.  Residents performing minor home repairs may have items removed by contacting the Public Works Director for inspection and approval of items to be disposed of.  Once approved, the material must be placed at the curb on scheduled collection days prior to 7:30 a.m.  Items must be boxed, bagged, or bundled in a manner which, in the sole judgment of the Public Works Director, permits safe handling and disposal by the collection crew, and does not exceed 3 cubic yards in volume and will be handled as bulk refuse.  Roofing shingles shall not be collected.

J.                    Motor Vehicles and Parts – The Public Works Department will collect motor vehicle parts provided they do not exceed 50 pounds in weight or contain any fluids.  The Department of Public Works will not collect or dispose of motor vehicles.

K.                  Tires – Tires will be collected for a fee and by appointment.  Residents are encouraged to request the tire vendor and/or installer to keep the old tires.

L.                   Imported Refuse – It shall be a violation of this ordinance for any resident or business to bring trash, refuse or waste into town.  It shall also be a violation for any resident or business to make a profit from the utilization of town disposal services either free or fee paid.
 

 Schedule for Properly Prepared Refuse

A.                 Normal Refuse – No fee

B.                  Yard Waste – No fee under 3 cubic yards

C.                 Loose Leaves – No fee

D.                 Recyclable Material – Annual fee, included in the tax bill

E.                  Hazardous Material – Not collected

F.                  Bulk Refuse – No fee under 3 cubic yards

G.                 Special Collection Material – Fee to be determined by Public Works Director

H.                 Metal Appliances – Fee as determined by Public Works Director as posted in Town Office and paid prior to collection

I.                   Remodeling and Building Waste – See Section 4I

J.                   Motor Vehicles and Parts – See Section 4J

K.                  Tires – Fee as determined by Public Works Director as posted in Town Office and paid prior to collection.
 

 Safeguards for Collectors

Any potentially dangerous materials, including, but not limited to, broken glass, nails or other sharp objects must first be placed in a hard container (e.g. glass or metal bottles, cans or jars) prior to placing them in refuse.  Hazardous material is not acceptable for collection.
 

All refuse, yard waste, and recyclables must be accessible to be collected.  Anything that, in the sole discretion of the Public Works Department, hinders or impedes the collection of these items will not be collected.  Complying with the following is essential in order to permit collection of items to be disposed of:

(1)              Animals must be confined.

(2)              Items shall be accessible for removal, not obstructed by vehicles or other items that may hinder the collection of refuse, yard waste and leaves, or recyclables.

(3)              The path to collectables must be clear of snow and ice.

(4)              Items placed in designated areas will be picked up as refuse.  The Town will not be responsible for items inadvertently disposed of.
 

Only individuals and firms licensed by the Town of Berwyn Heights, Berwyn Heights residents, and the owner of the refuse are authorized to collect or sort through refuse after it has been placed by the curb, provided the items are left in suitable condition for pickup.
 

A.                 Violations – Any infraction or non-compliance of this ordinance and/or its conditions and specifications as described herein shall be deemed a violation of this ordinance and subject to fines as listed below.

B.                  Fines – Any person, persons, firm, or entity violating any provisions of this ordinance except as noted below for Imported Refuse shall be notified of such violation (and, after one warning, issued a citation with fine of fifty dollars ($50) for each offense) by the issuance of one warning at that time.  If the violation is not corrected or removed within 24 hours, a citation shall be issued with a fine of fifty dollars ($50) for each offence.  Each day that a violation continues shall be deemed a separate offence.  After 30 days from the issuance of the citation, or after denial of an appeal, any fines that remain unpaid will be recorded as a lien against the property and collected as Town taxes.  After 48 hours from the date of the citation, the Town may abate, at the owner’s expense, any items still in violation.

Imported Refuse shall have a fine of $1,000 per occurrence per day and may be abated by the Town within 48 hours after the issuance of a violation citation.

C.                 Abatement – The Town shall have the right, after 48 hours from the issuance of the citation, to remove the refuse.  All costs of the abatement will be billed to the owner of the property.  After 30 days from the issuance of the citation, or after denial of an appeal, any abatement costs that remain unpaid will be recorded as a lien against the property and collected as Town taxes.
 

Any person affected by any notice of violation may elect to appeal to the Town Council.

A.                 Any person affected by any notice of violation which had been issued in connection with the enforcement of any provision of the ordinance may request and shall be granted a hearing on the matter by the Town Council, provided that such person shall, within ten 10) days after service of a notice of violation, file with the Town Council a signed, written notice of appeal requesting a hearing and setting forth a brief statement of the reasons therefore.  Upon receipt of such notice of appeal, the Town Council shall set a time and place for such hearing and shall determine appeals as promptly as practicable.  The Town Council, with a quorum present, shall hear appeals.

B.                  After such hearing, the Town Council may, with a majority of members present, affirm, amend, modify or withdraw the notice of violation that has been appealed.  Any person who shall fail, refuse or neglect to comply with the decision of the Town Council shall be guilty of violating the provisions of this ordinance.

C.                 The decision of the Town Council shall in all cases be final except that any party directly aggrieved by a decision may within 30 days after the rendering of such decision file an appeal to the Circuit Court for Prince George’s County.  Said appeals shall be in accordance with the Maryland Rules for Procedure, which govern appeals from Administrative Agencies.
 

If a court of competent jurisdiction shall hold any section or part of a section of this ordinance invalid, such holding shall not affect the remainder of this ordinance.