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:
ALUMINUM CANS
Empty all-aluminum beverage and food containers which contain
or formerly contained only nonaerosol edible substances.
ASHES
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking. It shall
not include the cinders produced in steam generating plants.
BIMETAL CONTAINERS
Empty containers comprised of aluminum and steel or tin and
steel which contain or formerly contained only nonaerosol edible substances.
BOROUGH
The Borough of Chambersburg, Franklin County, Pennsylvania,
or the Mayor and Town Council of the Borough of Chambersburg.
COLLECTOR
A person or persons engaged in the collection of garbage,
rubbish and/or ashes in the Borough of Chambersburg.
COMMERCIAL ESTABLISHMENT
All premises not used for residential purposes and shall
also include apartment buildings furnished with receptacles by the
Borough where the service is billed to the owner rather than to the
occupants of each apartment. Commercial establishments which require
receptacles with capacities greater than four cubic yards and/or any
special features that contribute to loading, unloading or compaction
of refuse are excluded from this definition of "commercial establishment."
In case of a dispute between the contractor and the Borough as to
whether or not an account is a commercial establishment, the decision
of the Director of Public Works shall be final. Collectors who provide
special commercial service must be registered with the Borough and
meet Borough standards regarding collection, transporting and disposal
of refuse.
COMMUNITY ACTIVITIES
Sponsored events such as Chamberfest, AppleFest, Icefest,
Cinco de Mayo, 4th of July celebration, parades, etc. They can be
sponsored by a variety of organizations such as the Borough, nonprofit
organizations, downtown organizations, veterans’ organizations,
etc.
[Added 4-13-2009 by Ord. No. 2009-09]
CONTRACTOR
Any person who has been awarded a contract by the Borough
to collect, transport and/or dispose of refuse for the Borough.
CORRUGATED PAPER
Paperboard or cardboard boxes constructed in a fluted manner
or other cardboard normally used for packing, mailing, shipping or
containerizing goods, merchandise or other material but excluding
plastic, foam or wax-coated or soiled cardboard.
CURBSIDE COLLECTION
All refuse receptacles and recycling receptacles shall be
taken to the curbside or designated area (alleyway) by the owner or
occupant. The Borough will not carry out refuse receptacles. Any receptacle
not placed at curbside will not be collected.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works of the Borough of Chambersburg,
designated by the Town Council of the Borough of Chambersburg.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of foods. 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.
GLASS CONTAINERS
Bottles and jars made of flint (clear), green and amber glass.
Expressly excluded are noncontainer glass, plate glass, blue glass,
lead crystal, porcelain and ceramic products.
HOUSEHOLD UNIT
Each family dwelling, each apartment and each room or group
of rooms used as separate living quarters and provided with facilities
for the handling, preparation, cooking or consumption of food, or
a small commercial establishment whose volume of refuse does not exceed
that of a residential unit. In all cases, the determination by the
Borough as to what constitutes a separate household or dwelling unit
shall be final.
LEAF WASTE
Leaves, garden residue, shrubbery and tree trimmings and
similar material, but not including grass clippings.
[Added 4-13-2009 by Ord. No. 2009-09]
NEWSPRINT
Paper of the type commonly referred to as "newspaper" and
distributed at fixed intervals. Excluded is newsprint that has been
soiled.
PAPER
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback books, catalogs, school paper, junk mail, computer paper,
telephone books and similar cellulosic material, but excludes wax
paper, plastic- or foil-coated paper, envelopes with glassine windows,
carbon paper, blueprint paper, food-contaminated paper, soiled paper,
newsprint and cardboard.
PERSON
Individual, partnership, corporation, association, institution,
cooperative enterprise or legal entity.
RECYCLING
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw material or products.
REFUSE
Garbage, rubbish and/or ashes as herein defined.
REFUSE RECEPTACLE
The equipment used by the owner or occupant to place solid
waste in for collection.
RUBBISH
All waste materials not included in "garbage" and "ashes,"
except building rubbish and building construction or reconstruction
rubbish, stones, 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.
STEEL CANS
Empty all-steel food and beverage containers.
[Amended 2-26-2018 by Ord. No. 2018-04]
A. The cost of the collection, transporting and disposal
of refuse and recyclables under this chapter shall be paid by a reasonable
charge to the owners of the real estate within the Borough of Chambersburg
to which the service herein provided is rendered or made available,
whether used or not, in accordance with a schedule of fees and assessments
approved from time to time by the Borough Council of the Borough,
except that no charge or assessment shall be made upon any vacant
lot or upon any household unit for any billing period during which
it is vacant or unoccupied for more than 1/2 of the billing period.
All household units shall be presumed to be not vacant and occupied
within 15 days after the unit becomes vacant or unoccupied. When the
Borough determines that such vacancy or nonoccupancy exists, the fee
or assessment shall be exonerated or rebated, as the case may be.
B. The schedule of fees and assessments provided for
herein shall be published one time in a newspaper of general circulation
in the Borough of Chambersburg prior to the effective date of any
such schedule.
C. The owner of the real estate served or to which the service is available
shall be responsible to the Borough for payment of the sanitation
service fees or assessments herein provided, regardless of to whom
the bill is rendered.
D. Terms and conditions of service, including, but not limited to: establishing
service, billing for service, interest and penalties, payment requirements,
and termination of service shall be in accordance with the Utility
Service Manual, as may be revised from time to time by the Mayor and
Town Council, and shall be available for public inspection at the
Utility Offices at Borough Hall, the Utilities Service Center at 80
South Franklin Street, and online at www.chambersburgpa.gov.
E. Where, as a result of equipment malfunction, estimated billing, billing
error, or other circumstances, sanitation service is rendered, but
not billed, the unbilled sanitation service may be retroactively charged
to the customer, provided that the services at issue were rendered
within the last three years. The charges for service shall be determined
in accordance with the Utility Service Manual adopted by Town Council
from time to time.
F. Town Council shall have the right to establish, from time to time,
by resolution, rules, regulations, provisions, terms or standards
under which sanitation service shall be rendered, which shall be supplemental
to the standards set forth in the Utility Service Manual.
Any person may donate or sell recyclable materials
to individuals or organizations unless or until such materials are
placed at curbside or similar location for collection by the Borough.
Any person, whether as principal, agent or employee,
violating or assisting in the violation of any of the provisions of
this chapter or of any regulations made by Council or the Borough
Manager under the provisions hereof shall, upon conviction thereof,
pay a fine of not less than $25 nor more than $1,000 and, in default
of the payment of such fine and costs of prosecution, shall be imprisoned
in the county jail for a period of not more than 30 days. After notice,
each day's neglect to comply with the provisions of this chapter or
any such regulation shall be deemed a separate offense and shall be
subject in all respects to the same penalty as the first offense,
and separate proceedings may be instituted and separate penalties
imposed for each such day's offense after the first conviction.