(1) Definitions. In this Section, the following definitions shall apply:
(a) Construction dumpster. As defined under Section 11-610.
(b) Department. The Department of Licenses and Inspections.
(c) Dumpster. Any container for refuse or recyclable materials, whether located on private property or in the public right-of-way, that is serviced by a Provider and designed for repeated reuse. Does not include a container serviced by the City of Philadelphia or a construction dumpster.
(.1) Dumpster on Private Property. A dumpster stored indoors or outdoors on private property that may cross the public right-of-way for pick-up but may not be stored there for pick-up or any other purpose for any period of time.
(.2) Dumpster in the Public Right-of-Way. A dumpster placed or stored in the public right-of-way.
(d) Licensee. A person licensed under this Section to make use of a dumpster to store refuse or recyclable materials generated at property under his or her control.
(e) Provider. A business that services a dumpster.
(2) License and Medallion Requirement; Prohibited Locations.
(a) No person shall make use of any dumpster to store refuse or recyclable materials unless such dumpster is licensed under this Section.
(b) No person shall place a dumpster in service at any location unless there is a validly issued medallion affixed to the dumpster.
(c) No dumpster shall be placed in a location other than as authorized by the license for such dumpster.
(d) No license shall be issued for a dumpster in the public right-of-way at any of the following locations:
(i) Within a CA-2, Auto-Oriented Commercial District, as defined in § 14-402(1)(c)(.7).
(ii) At any location the Streets Department determines will unduly interfere with the public right-of-way.
(iii) At any location within the boundaries of Bainbridge Street, Spring Garden Street, the Delaware River and the Schuylkill River where a licensed dumpster was not located before September 7, 2016.
(3) License Applications; Medallions.
(a) Application for a dumpster license shall be made by a person who proposes to make use of a dumpster to store refuse or recyclable materials. Application shall be made on a form provided by the Department, which application shall include:
(i) The name and address of the applicant, and the name and address of the business that will be making use of the dumpster, if different from the applicant;
(ii) The proposed location of the dumpster;
(iii) The name and address of a business licensed under § 9-604 that will be servicing the dumpster;
(iv) If the application is for a license for a dumpster that is to be placed in the public right-of-way, documentation of what alternative methods of refuse storage were considered prior to the applicant seeking the license;
(v) Identification of whether the dumpster is to be used to store refuse or recyclable materials; and
(vi) Such other information as the Department may require.
(b) The Department shall issue the license if all requirements of this Section are met, and, if the application is for a dumpster in the public right-of-way, the Streets Department advises the Department that it approves of the proposed location of the dumpster.
(c) The Department, upon issuing the license, shall also issue to the licensee (or, if the licensee requests, and the provider agrees, to the provider) a medallion that uses UHF radio frequency technology, or such other technology approved by the Department by regulation, to electronically transmit: (1) the license number; (2) the name and telephone number of the licensee; (3) the name and telephone number of the provider; (4) the approved location of the dumpster; and (5) such other information as the Department requires.
(d) License and Medallion Fees.
(i) For a dumpster on private property not placed in the public right-of-way, there shall be a one time license fee in the amount of (i) eighty dollars ($80) for a dumpster with a capacity less than one (1) cubic yard; and (ii) one hundred fifty dollars ($150) for a dumpster with a capacity of one (1) cubic yard or greater; provided that the fee for a dumpster for which a provider has agreed to provide recycling service, rather than regular refuse disposal service, and which is used for such purpose, shall be 50% of the regular dumpster fee.
(ii) For a dumpster in the public right-of-way, the annual license fee shall be: two hundred dollars ($200) for a dumpster with a capacity of less than one (1) cubic yard; and five hundred dollars ($500) for a dumpster with a capacity of one (1) cubic yard or greater; provided that the fee for a dumpster for which a provider has agreed to provide recycling service, rather than regular refuse disposal service, and which is used for such purpose, shall be 50% of the regular dumpster fee.
(iii) Medallions issued to replace a lost medallion or a medallion that has ceased to function shall be issued at a fee, as determined by the Department by regulation, necessary to compensate the Department for the cost of producing and issuing the replacement medallion.
(e) Licensees shall be ineligible for renewal of a dumpster license, and shall be subject to license revocation, if such licensee has been ordered to pay a fine or fines in an amount of $300 or more and such fine remains unpaid more than 10 days after all appeals from such order have been exhausted.
(4) Duties of Licensees.
(a) Licensees shall use dumpsters in compliance with all applicable provisions of § 10-724 ("Commercial Sector Waste Management and Recycling") and all other laws relating to recycling. No licensee shall place, or allow to be placed, any refuse in a dumpster licensed as a recycling dumpster other than materials designated by the provider as recyclable.
(b) No dumpster shall be used if a medallion is not properly affixed or if the licensee knows that the medallion is not operational. The licensee shall obtain a replacement medallion for a non-working medallion, which shall be affixed to the dumpster, before the dumpster is put back into use.
(c) Dumpster Maintenance.
(1) Any dumpster on private property that is located outdoors shall be enclosed according to regulations issued pursuant to Title 4, Subcode B, Section B-424 of this Code.
(2) Licensees shall keep dumpster lids tightly secured except when in use, or when the dumpster must be open to accommodate a trash chute, and shall keep the area around the dumpster clean and free of any refuse, non-grindable garbage, spillage or overflow.
(d) Grindable and Non-Grindable Garbage.
(1) Licensee shall not mix grindable garbage with rubbish. Licensee shall dispose of grindable garbage in garbage disposal units or arrange for private collection of grindable garbage for composting, anaerobic digestion, or use as farm livestock feed. This subsection shall not apply to multi-family residential licensees.
(2) Licensees may mix non-grindable garbage with rubbish provided all garbage is placed in bags designed to hold garbage without leaking or in other sealable containers designed to hold garbage before placing it in a dumpster.
(3) For the purposes of licensing, dumpsters or other containers used solely for private collection of garbage for composting or used as farm livestock feed shall be considered recycling dumpsters.
(1) Licensees shall arrange to have a dumpster emptied at least once every week unless it contains garbage, in which case the dumpster shall be emptied twice a week or more often if required by the Department or by order of the Health, Fire, Police, or Streets Departments.
(2) Aerated dumpsters specifically designed to prevent odors resulting from the anaerobic decomposition of food waste shall be emptied within 24 hours of being full or more often if required by the Department or by order of the Public Health, Fire, Police or Streets Departments.
(3) Compacting dumpster not containing garbage shall be emptied within 24 hours of being filled to its maximum capacity or more often if required by the Department or by order of the Health, Fire, Police, or Streets Departments.
(5) Duties of Providers.
(a) A provider may only service a dumpster or place a dumpster in service if the dumpster is (i) licensed and (ii) has a validly issued medallion affixed to it;
(b) After servicing a dumpster, the provider shall see to it that:
(i) The lid is left securely closed;
(ii) The drainage hole, if any, is left securely plugged; and
(iii) The medallion remains affixed to the dumpster.
(c) No provider shall service a dumpster licensed for storage of recyclable materials that is used to store non-recyclable refuse.
(d) A provider shall notify a licensee in writing within 24 hours of changing a dumpster.
(6) Joint Duties of Licensees and Providers. A licensee and a provider shall each be responsible for the following:
(a) All dumpsters shall:
(i) be kept in good repair, free of offensive odors, and clean;
(ii) be constructed of fire resistive metal, except that a dumpster with a capacity of less than one-half cubic yard may be constructed of plastic if it complies with any and all specifications adopted by the Department by regulation, and except that the lid of any dumpster may be plastic;
(iii) have a lid which is securely attached to the body of the dumpster and that when closed forms a secure seal;
(iv) have no holes in the bottom except for a drainage hole, which shall be equipped with a secure plug;
(v) if painted, have paint that is kept in good condition; and
(vi) be kept free of graffiti.
(b) All dumpsters shall be cleaned and sanitized at least once every six (6) months, or more often if either the Department or the Public Health, Fire, Police, or Streets Department orders, at a location approved by the Streets Department.
(c) For a dumpster in the public right-of-way, a bond or other specified security shall be posted in such type and amount as may be required by regulation of the Streets Department to ensure compliance with the requirements of this Section.
(d) No dumpster shall be serviced between the hours of 9:00 p.m. and 7:00 a.m.
(i) In addition to the prohibited hours set forth in subsection (d), no licensee shall permit a dumpster on City avenue, from Forty-seventh street to Belmont avenue, east side, to be serviced between 8:00 p.m. and 9:00 p.m. or between 7:00 a.m. and 8:00 a.m. without the prior written permission of the Department of Streets, which shall grant such permission only if there is strong evidence that traffic or other right-of-way considerations require collection during those prohibited hours.
(e) The absence of a medallion on a dumpster, or significant damage to a medallion suggesting the medallion is inoperable, shall be reported to the Department of Streets.
(a) Any person who violates any provision of this Section shall be subject to the enforcement measures, fines and forfeitures specified in §§ 10-718 and 10-719.
(b) The Department of Streets is authorized to adopt regulations concerning enforcement of the joint duties set forth in subsection (6).
(8) Limits on Private Refuse Collection Using Bags.
(a) The Department of Streets may by regulation establish limits on the private collection of refuse and recycling materials by the set out of bags not placed in a dumpster.