[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg 7-11-1990 by Ord. No. 90-9. Amendments
noted where applicable.]
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:
Empty all-aluminum beverage and food containers which contain
or formerly contained only nonaerosol edible substances.
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.
Empty containers comprised of aluminum and steel or tin and
steel which contain or formerly contained only nonaerosol edible substances.
The Borough of Chambersburg, Franklin County, Pennsylvania,
or the Mayor and Town Council of the Borough of Chambersburg.
The Borough Manager of the Borough of Chambersburg.
A person or persons engaged in the collection of garbage,
rubbish and/or ashes in the Borough of Chambersburg.
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.
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]
Any person who has been awarded a contract by the Borough
to collect, transport and/or dispose of refuse for the Borough.
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.
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.
The Director of Public Works of the Borough of Chambersburg,
designated by the Town Council of the Borough of Chambersburg.
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.
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.
Plastic bottles and jars made exclusively from high-density
polyethylene.
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.
Leaves, garden residue, shrubbery and tree trimmings and
similar material, but not including grass clippings.
[Added 4-13-2009 by Ord. No. 2009-09]
Paper of the type commonly referred to as "newspaper" and
distributed at fixed intervals. Excluded is newsprint that has been
soiled.
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.
Individual, partnership, corporation, association, institution,
cooperative enterprise or legal entity.
Plastic soda bottles or other containers composed of the
polymer PET.
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.
Garbage, rubbish and/or ashes as herein defined.
The equipment used by the owner or occupant to place solid
waste in for collection.
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.
Empty all-steel food and beverage containers.
A.
All refuse accumulated in the Borough of Chambersburg
shall be collected, transported and disposed of by the Borough, either
by its own employees or by a contractor or contractors approved by
the Borough, and it shall be unlawful for any other person to collect,
transport over any of the streets or alleys of the Borough of Chambersburg
or dispose of any refuse accumulated in the Borough of Chambersburg.
B.
The cost of such service shall be paid for as hereinafter
provided.
C.
The collection, transportation and disposal of refuse
under this chapter shall be under the supervision of the Borough Manager.
The Borough Manager shall have authority to make regulations concerning
the collection, transportation and disposal of refuse not inconsistent
with those set forth in this chapter and may, in the event of an emergency
or because of temporary conditions which necessitate, in the opinion
of the Borough Manager, a change in the regulations herein set forth,
make any such changes for a period not to exceed 30 days without the
approval of the Borough Council of the Borough.
D.
Ownership of refuse material collected by the Borough
under this chapter shall be vested in the Borough and, when deposited
at an official disposal location, shall be vested in the owner of
the disposal site.
E.
All customers of the Borough of Chambersburg shall
separate from their refuse the recyclable materials as determined
within the provision of this chapter.
F.
All customers of the Borough of Chambersburg shall
be responsible for placing their refuse receptacles and recycling
receptacles at the curbside or alleyway on the designated collection
day and for removing the receptacles from the curbside or alleyway
after pickup is accomplished.
G.
Recyclable material for a household unit and apartments
(even if one person is billed rather than the individual occupants)
shall be aluminum, clear glass, colored glass, steel and bi-metal
cans. Recyclable material for commercial, industrial and municipal
establishments ("other establishments") shall be aluminum, clear glass,
colored glass, corrugated paper, paper, steel and bi-metal cans. These
other establishments shall annually provide the Borough with evidence
and documentation of the material and total number of tons or pounds
recycled. The recyclable materials designated in this chapter are
subject to change by resolution of the Borough Council.
[Amended 4-13-2009 by Ord. No. 2009-09]
H.
The Borough of Chambersburg hereby adopts a variety of municipal
recycling programs, including but not limited to green yard waste
recycling, pursuant to Pennsylvania Legislative Act 101 of 1988, the
Municipal Waste Planning, Recycling and Waste Reduction Act,[1] as may be amended from time to time.
[Amended 6-29-2015 by Ord. No. 2015-06]
(1)
Yard waste, woody waste, organic waste or similar waste material,
as defined by state law, may be disposed at the Chambersburg Green
Yard Waste Recycling Facility at the 491 West Commerce Street facility
being established by the Borough.
(2)
The Borough may by resolution establish fees for the disposal of
such waste, which fees may be amended by resolution from time to time.
Such fees may include a variety of tiers related to the type of property
from where the recycling material originates, include a flat fee for
single-family residential recycling and/or a fee based on weight for
commercial or municipal recycling material.
(3)
Eligible recycling material shall include: acorns, bark, branches,
brush, bushes, flowers, foliage, kindling, knots, limbs, plants, roots/rootballs,
sawdust, twigs, or wood chips. No individual item may weigh more than
30 pounds, be longer than six feet, or have a diameter in excess of
six inches. Pursuant to state law, grass shall be treated as municipal
solid waste and either may be disposed of in the same manner as municipal
solid waste or, at the choice of the property owner, may be composted
on one's private property. It shall not be accepted at the aforementioned
facility. Tree leaves may be disposed of either at the aforementioned
facility or, at the choice of the property owner, may be bagged in
biodegradable paper bags with appropriate leaf collection tags (Tags
may be sold by the Borough of Chambersburg for a fee to be established
by resolution of Town Council and amended from time to time by resolution.)
and placed at the curbside for pickup during a collection season to
be designated by the Borough of Chambersburg or may be raked loose
to the curbside during fall leaf pickup. Leaf waste may not block/clog
storm sewers or provide a hazard to pedestrian or vehicular traffic.
Nothing herein shall require any person to gather leaf waste or prevent
any person from utilizing leaf waste for compost, mulch or for other
agricultural purposes.
(4)
This program shall be organized by the Sanitation Department of the
Borough of Chambersburg. The Borough Manager and the Director of Utilities
shall promulgate administrative rules for its proper operations.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
I.
The sponsor of a community activity is responsible
for obtaining recycling container(s) from the Borough’s Sanitation
Department. Aluminum, clear glass, colored glass, steel and bi-metal
cans will be recycled; no separation is required. At the end of the
community activity the Sanitation Department will collect the recyclables.
[Added 4-13-2009 by Ord. No. 2009-09]
A.
Preparation of refuse.
(1)
All garbage, before being placed in garbage receptacles
for collection, shall have drained from it all free liquids and shall
be wrapped in paper.
(2)
All rubbish shall be drained of liquid before being
deposited for collection.
(3)
Tree trimmings, hedge clippings and similar material
shall be cut to lengths not to exceed four feet and securely tied
in bundles not more than two feet thick or 50 pounds in weight before
being deposited for collection.
(4)
Newspapers, magazines and other printed matter not
placed in receptacles for collection shall be securely tied in bundles
not to exceed 50 pounds in weight.
(5)
Boxes not placed in receptacles shall be easily handled
by one person and shall not exceed 50 pounds in weight.
(6)
No refuse shall be placed at curbside or designated
area (alley) earlier than 24 hours prior to the day of collection.
B.
Refuse receptacles.
(1)
Garbage and rubbish receptacles shall be made of rust-
and corrosion-resistant material, must be watertight, and shall be
provided with a tight-fitting cover.
(a)
No person shall use for the reception of garbage
or rubbish any receptacle having the capacity of more than 32 gallons.
(b)
All garbage and rubbish receptacles shall be
kept as sanitary as possible in view of the use to which they are
put and shall be thoroughly cleaned by the occupant after garbage
is removed by the collector.
(2)
Ash receptacles shall be of rust- and corrosion-resistant
materials and have a capacity of not more than 12 gallons.
(3)
All refuse receptacles shall be provided by the owner,
tenant, lessee or occupant of the premises. All refuse receptacles
shall be equipped with suitable handles. All refuse receptacles shall
be maintained in good condition. Any receptacle that does not conform
to the provisions of these specifications or that may have ragged
or sharp edges, or any other defect liable to hamper or injure the
person collecting the contents thereof, shall be promptly replaced
upon notice. Failure to comply may result in refusal to collect or
the removal of the defective receptacles as refuse.
(4)
Garbage and rubbish may be placed in plastic bags
for collection, provided that such plastic bags shall be of a quality
suitable for storing, handling and disposal of its contents and shall
not be less than 1.5 millimeters in thickness and shall not exceed
a thirty-gallon capacity. All such bags used for this purpose shall
be securely tied at the top, and none of its contents shall be placed
therein in such manner as to permit sharp or protruding objects which
may injure the collector or interfere with the proper handling of
the bag. Any bag which is untied or broken or which is incapable of
being handled in a reasonable and normal fashion will not be accepted
or picked up by the collector. All bags will be disposed of with the
contents and will not be returned to the customer.
(5)
At no time shall refuse receptacles (or plastic bags)
and their contents exceed 50 pounds in weight.
(6)
In the case of commercial container accounts, the
contractor shall use the Truxmore-type containers provided by the
Borough or customer.
(7)
Commercial container service. Refuse receptacles for
commercial establishments shall be placed at a location that is accessible
to the Borough and/or contractor.
C.
Preparation of recyclable material.
(1)
Each household unit or apartment (even though the
owner is billed and not the occupant) will be supplied by the Borough
with three receptacles for recyclable materials. Once these receptacles
are issued they will become the property of the owner. Any receptacles
that are damaged, stolen or missing after issuance shall be replaced
by the owner through the purchase of a new receptacle from the Borough.
(2)
All recyclable material will be separated from the
waste stream by the owner or occupant. Recyclable material can be
co-mingled (not separated) into the receptacles. Aluminum cans should
be flattened. Labels may remain. Clear and colored glass bottles and
jars must have the lids removed. However, neck rings and labels may
remain. Clear and colored glass bottles and jars must remain unbroken.
All recyclable material must be rinsed clean of waste.
[Amended 4-13-2009 by Ord. No. 2009-09]
(3)
Commercial container service. Refuse receptacles and
recycling receptacles for commercial establishments shall be placed
at a location that is accessible to the Borough and/or contractor.
(4)
No refuse shall be placed at curbside or designate
area (alley) earlier than 24 hours prior to the day of collection.
A.
Frequency of collection. Refuse will be collected
at least once each week from household units. Collection of refuse
and recyclables from commercial accounts shall be by mutual agreement
between the owner and collector. Recyclable material will be collected
at least once a month from household units or apartment complexes.
B.
Hours of collection. All collection from household
units shall be made between the hours of 4:00 a.m. and 4:00 p.m.,
Eastern time. Collection times from commercial accounts shall be by
mutual agreement between the owner and collector.
C.
Limitation of quantity. The number of refuse receptacles,
either emptied or collected from any one household unit per week,
shall be limited to three unless the refuse is accompanied by a tag
purchased from the Borough Office (or designee) for each receptacle
over three.
D.
Special refuse problems.
(1)
Contagious disease refuse. The removal of wearing
apparel, bedding or other refuse from homes or other places where
highly infectious or contagious diseases have prevailed shall be performed
under the supervision and direction of the Health Officer of the Borough.
Such refuse shall not be placed in receptacles for regular collection.
(2)
Inflammable or explosive refuse. Highly flammable
or explosive materials shall not be placed in receptacles for regular
collection but shall be disposed of as directed by the collector at
the expense of the owner or possessor.
E.
Handling of receptacles. Each person shall cause refuse
receptacles to be kept covered at all time and to be placed at the
curbside or designated area (e.g., alleyway) on the day of collection.
F.
Unauthorized collection of recyclables. Any person, firm, corporation or other entity, unauthorized by the Borough of Chambersburg, who or which collects or removes or causes to be collected or removed any recyclable materials set out at the curb for pickup by the Borough shall be subject to penalty under § 248-8 of this chapter.
A.
No person shall place any refuse in any street, alley
or other public place or upon any private property, whether owned
by such person or not, within the Borough, except that it be in proper
receptacles for collection or under an express approval granted by
the Borough Council. No person shall throw or deposit any refuse in
any stream or other body of water.
B.
Any unauthorized accumulation of refuse on any premises
is hereby declared to be a nuisance and is prohibited.
C.
It shall be unlawful for any person, other than the
owners or occupants of the premises on which refuse receptacles are
stored or the collector, to remove the covers or any of the contents
of refuse receptacles.
[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.[1]
[1]
Editor's Note: Former Subsection G, regarding
cash deposits by nonowners receiving refuse service, which immediately
followed this subsection, was repealed 4-13-2009 by Ord. No. 2009-09.
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.
