Borough of Lewisburg, PA
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lewisburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Grass, weeds and other vegetation — See Ch. 182.
Junkyards — See Ch. 196.
Open burning — See Ch. 125.
Parks and recreation areas — See Ch. 230.
Sewers — See Ch. 255.
Zoning — See Ch. 360.
[Adopted 12-21-1982 by Ord. No. 82-8]

§ 280-1 Short title.

This article shall be known and may be cited as the "Municipal Refuse Collection Service Ordinance of the Borough of Lewisburg."

§ 280-2 Definitions.

[Amended 10-20-1987 by Ord. No. 833]
For the purposes of this article, the following terms, phrases and words shall have the following meanings. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
BOROUGH
The Borough of Lewisburg, Union County, Pennsylvania.
BOROUGH MANAGER or MANAGER
The Borough Manager of the Borough of Lewisburg.
COMMERCIAL ENTITY
All uses other than a dwelling unit, including, but not limited to, hotels, restaurants, schools, churches, institutions, commercial and industrial establishments, and fraternity and sorority houses.
[Added 1-17-2006 by Ord. No. 972]
DWELLING UNIT
A building or portion thereof providing one or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of the occupants maintaining a household.
[Amended 1-17-2006 by Ord. No. 972]
FAMILY
Any individual, or two or more persons related by blood, marriage, legal adoption, foster placement, guardianship, other domestic bond or a community living arrangement, or a group of not more than three persons not related by blood, marriage, legal adoption, foster placement, guardianship, other domestic bond or community living arrangement who live together as a single household (see "household"). A family shall not be deemed to include occupants of a boardinghouse, rooming or lodging house, fraternity, sorority, or hotel.
[Amended 1-17-2006 by Ord. No. 972]
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, and cooking of food.
HOUSEHOLD
A family living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas for the preparation and serving of food within the dwelling unit.
[Added 1-17-2006 by Ord. No. 972]
PERSONS
Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE
All putrescible and nonputrescible solid wastes except body waste including garbage, rubbish, street cleanings and household furniture and appliances.
RUBBISH
Nonputrescible solid waste consisting of both combustible and noncombustible wastes such as paper, cardboard, tin cans, yard clippings, wood, ashes, glass, crockery, grass, tree trimmings, straw, rags, bottles, shoes and other like refuse.

§ 280-3 Collection by Borough.

All refuse accumulated in the Borough shall be collected, conveyed and disposed of by the Borough. No person shall collect, convey over any of the streets or alleys of the Borough or dispose of any refuse accumulated in the Borough, except as follows:
A. 
Construction contractors or persons may contract with private collectors of refuse to collect, convey and dispose or refuse, including construction material, debris and rubbish, generated by a construction project, provided that the amount of such refuse is determined by the Borough Manager to be beyond the scope and capacity of the collection and disposal facilities of the Borough and that such contractors and collectors otherwise comply with the provisions of this article and with any other governing law or ordinances; and
B. 
Collectors of refuse from outside the Borough may convey or haul such refuse over the streets of the Borough, provided such collectors use a watertight vehicle provided with a tight cover and such vehicle is to be operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled, and otherwise comply with the provisions of this article.
C. 
Residents may utilize the services of a commercial entity to remove certain major items, such as furniture, washer, dryer, dishwasher, refrigerator, stove, bathtub, commode, sink, furnace, etc., provided that the item to be removed is replaced by the said entity. If a major item is being discarded as a result of failure or wear and tear and is not being replaced, the Borough shall be contacted for proper removal at curb side by special arrangement as provided in § 280-5B of this article.
[Added 1-17-2006 by Ord. No. 972]

§ 280-4 Appeals.

Any person aggrieved by a regulation of, fee charged by, or decision made by the Borough Manager shall have the right to appeal to the Lewisburg Borough Council, which shall have the authority to confirm, modify or revoke any such regulation or fee.

§ 280-5 Precollection practices; fees.

[Amended 10-20-1987 by Ord. No. 833; 12-29-1988 by Ord. No. 843; 9-15-1992 by Ord. No. 881; 1-19-1999 by Ord. No. 914]
A. 
Separation of refuse. Garbage and rubbish may be placed and maintained in the same containers.
B. 
Preparation of refuse.
[Amended 1-17-2006 by Ord. No. 972]
(1) 
Garbage. All garbage shall be drained free of liquids before being deposited in containers for collection.
(2) 
Rubbish. All rubbish shall be drained of liquid before being deposited for collection.
(a) 
Cans and bottles. All cans and bottles which have contained food shall be drained, thoroughly rinsed and recycled.
(b) 
Uncollectible items. The following items will not be collected by the Borough:
[1] 
Tree stumps;
[2] 
Vehicle motors and parts;
[3] 
Explosives, flammable liquids, and other hazardous materials;
[4] 
Bricks and concrete blocks;
[5] 
Dead animals, i.e., cats, dogs, etc.;
[6] 
Construction materials;
[7] 
Soil;
[8] 
Furnaces;
[9] 
Metal pipes; and
[10] 
Grass clippings.
(c) 
Special arrangements. The following items will be picked up at the curb or in the alley as the Borough Manager shall direct only upon application to the Borough Manager and the advance payment of a service charge therefor, the amount of which shall be established from time to time by resolution of Borough Council:
[Amended 11-15-2011 by Ord. No. 1005]
[1] 
Ranges, stoves, water heaters, washing machines, dryers and dishwashers.
[2] 
Appliances with compression containing refrigerants, including, but not limited to, refrigerators, freezers, air-conditioners, humidifiers and dehumidifiers, provided that the Borough receives an executed certification form from a licensed remover that all of the refrigerant has been removed from the said appliance. If subsequent to the pickup of such appliance it is determined or discovered that all of the refrigerant has not been removed as so certified, an additional service charge shall be assessed. Appliances with compressors containing refrigerants from which all of the refrigerant has not been removed and for which the Borough does not receive any certification of such removal prior to being picked up will be picked up for an additional service charge.
[3] 
Bathtubs, radiators, couches, recliners/chairs, kitchen chairs, wood and metal furniture, sofa beds, mattresses, box springs, commodes, sinks and lavatories.
[4] 
Bicycles and large metal toys.
[5] 
Tree trimmings, hedge clippings and similar material, which shall be cut to a length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection.
[6] 
Rubber tires.
[7] 
Televisions, microwaves, computers and VCRs or similar devices.
[8] 
Carpets, rugs and pads.
[9] 
Pickup truck loads (garbage only).
C. 
Refuse containers.
(1) 
Duty to provide and maintain in sanitary condition. Refuse containers shall be provided by the owner, tenant, lessee, or occupant of the premises. Refuse containers shall be maintained in good condition. Any container that does not conform to the provisions of this article and 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. The Borough Manager shall have the authority to refuse collection services for failure to comply herewith.
(2) 
Garbage. Garbage containers shall be made of durable rust-resistant material or plastic, equipped with suitable handles and tight-fitting covers, and shall be watertight. All bagged garbage must be placed inside containers. Garbage bags must have a minimum mill of three mills or greater in bag strength.
[Amended 1-17-2006 by Ord. No. 972]
(a) 
Capacity. Garbage containers shall have a capacity of not more than 33 gallons for dwelling units. The capacity of bulk containers furnished by the Borough for commercial entities shall be determined at the discretion of the Borough Manager. In cases where the location of a commercial entity prohibits the use of a bulk container, such entity shall be billed at the appropriate bulk container rate (two thirty-three gallon cans equate to a one cubic yard container).
(b) 
Sanitation. Garbage containers shall be of a type approved by the Borough Manager and shall be kept in a clean, neat and sanitary condition at all times.
(3) 
Rubbish. Rubbish containers shall be of a kind suitable for collection purposes, shall have a capacity of not more than 33 gallons, and shall weigh, when filled, not more than 50 pounds.
[Amended 1-17-2006 by Ord. No. 972]
D. 
Storing of refuse.
(1) 
Public places. No persons 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 unless it is deposited in proper containers for collection or under express approval granted by the Borough Manager. No person shall throw or deposit any refuse in any stream or other body of water.
(2) 
Unauthorized accumulation. Any unauthorized accumulation of refuse on any premises or the non-removal of refuse or rubbish containers once collected is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of refuse or the said container(s) within 48 hours of the receipt of notice from the Borough Manager to remove such refuse or container(s) shall be deemed to be a violation of this article.
[Amended 1-17-2006 by Ord. No. 972]
(3) 
Scattering of refuse. No persons shall cast, place, sweep, or deposit anywhere within the Borough any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place, or into any occupied premises within the Borough.
(4) 
Street containers. No garbage shall be deposited in street containers or receptacles which are placed for the convenience of pedestrians.
E. 
Points of collection. Refuse containers shall be made readily accessible and shall be placed for collection at ground level on the property as the Borough Manager shall direct, but not within the right-of-way of a street or alley, on the side of the street or alley from which collection shall be made. Bulk containers must be placed on pads meeting the Borough's specifications. If the property owner fails to provide said pad within 30 days of receipt of written notification to do so, the Borough will construct the pad and bill the property owner the charge therefor.
[Amended 1-17-2006 by Ord. No. 972]

§ 280-6 Collection practices; fees.

A. 
Frequency of collection.
(1) 
Residential. Refuse accumulated by residences shall be collected at least once each week.
(2) 
Commercial. Refuse accumulated by hotels, restaurants, schools, churches, institutions, commercial and industrial establishments, etc. shall be collected at least once each week. Such businesses and institutions as deem it necessary may enter into an agreement with the Borough for a greater frequency of collection. Where necessary to protect the public health, the Borough Manager shall have the authority to require that more frequent collections be made.
B. 
Limitation on quantity.
(1) 
Residential. There shall be no limitation on the collection of refuse from each dwelling unit during a collection period for the fee hereinafter set forth, except with respect to those items requiring special arrangements as provided in § 280-5B(2)(c) of this article.
(2) 
Commercial. A commercial entity shall be required to have a bulk container at the discretion of the Borough Manager. The size of the bulk container and the frequency of the pickup thereof shall also be at the discretion of the Borough Manager. The Borough Manager shall have the authority to refuse to collect unreasonable amounts of refuse or to make an additional charge therefor. In the event a commercial entity disagrees with the determination of the Borough Manager relative to bulk container size, the said entity may have a different sized bulk container placed at a cost of $50 in addition to the weekly or regular pickup fee. If the smaller bulk container proves to be inadequate for the quantity generated, at the discretion of the Borough Manager, a larger bulk container will be relocated to the site at an additional cost of $50 to the commercial entity.
[Amended 1-17-2006 by Ord. No. 972]
C. 
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 Borough Manager. Such refuse shall not be placed in containers for regular collection.
(2) 
Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Borough Manager at the expense of the owner or possessor thereof.

§ 280-7 Fees.

[Amended 2-15-1983 by Ord. No. 83-1; 12-18-1984 by Ord. No. 84-8; 12-16-1986 by Ord. No. 820; 12-29-1988 by Ord. No. 843; 3-21-1989 by Ord. No. 845; 12-18-1990 by Ord. No. 870; 1-19-1999 by Ord. No. 914; 11-19-2002 by Ord. No. 946]
A. 
Amount of fees. The fees for the collection and disposal of refuse placed for collection at ground level shall be established from time to time by resolution of Borough Council.[1]
[1]
Editor's Note: See Ch. A370, Fees.
B. 
Payment of fees. All fees for the collection and disposal of refuse shall be payable to the Borough Treasurer by the owner(s) of the premises from which collection shall be made, notwithstanding the use of such premises. The payment of such fees shall be mandatory. No occupiers or lessees of such premises shall be directly responsible for the payment of such fees. All fees and charges shall be billed to the owner(s) on a quarterly basis.
[Amended 6-17-2014 by Ord. No. 1028]
C. 
Vacant dwelling units. Upon the filing by the owner of a dwelling unit or his/her designated representative of an application with the Borough Manager attesting to the vacancy of such dwelling unit, refuse collection service for that dwelling unit shall be discontinued effective the Monday of the next following week, at which time any applicable fees then due will be billed to the owner. Refuse collection service will thereafter be reinstated for the said dwelling unit upon receipt of notification from the owner of the dwelling unit or his/her designated representative that such dwelling unit is again occupied and upon payment of a start-up fee of $50 for each dwelling unit. All applicable fees for refuse collection service shall be prorated based upon the date such service is reinstated. If during any period of time when refuse collection service is discontinued for a dwelling unit the Borough determines that such dwelling unit is not vacant, then refuse collection service shall be immediately reinstated and the owner shall be billed for the aforesaid start-up fee and all applicable service fees thereafter.
D. 
Delinquent accounts. Any quarterly payment not made within 30 days after the expiration of the period for which collection has been made shall be delinquent, and a penalty of 5% shall be imposed thereon.
E. 
Collection of delinquent accounts. In addition to any other remedy provided by law or this article, the Borough shall have the right to collect any delinquent fees or charges, including penalties, plus interest at the rate of 10% per annum, by either a civil action in assumpsit or the filing of a municipal claim or lien.

§ 280-8 Rules and regulations.

[Amended 7-17-1984 by Ord. No. 84-4; 10-20-1987 by Ord. No. 833]
A. 
Districts of collection; notice as to time of collection. The Borough Manager shall divide the Borough into collection districts. The residents of each district shall be notified on which day of the week the refuse in their district will be collected. The districts of collection and the time for collection of refuse in each district may be changed at the discretion of the Borough Manager.
B. 
Hours of collection. All collections shall be made on Monday through Friday between the hours of 6:30 a.m. and 2:00 p.m. and on Saturday between the hours of 6:30 a.m. and 11:30 a.m.
C. 
Interfering with, damaging or removing containers or receptacles. No unauthorized person shall in any manner interfere with, damage, remove, or destroy any refuse vessels, containers, or receptacles referred to in this article, or the contents thereof.
D. 
Interference with collectors. No person shall obstruct, delay, or interfere with the refuse collectors while in the performance of their lawful duties.
E. 
Illegal depositing of refuse. No unauthorized person shall deposit any refuse in containers paid for by another person or deposit any refuse on public and/or private property
F. 
Report and prosecution of violations. All violations of this article shall be reported to the Borough Manager, who shall investigate or cause to be investigated all such complaints and prosecute all violators of this article.
G. 
Delivery of copies of regulations to owners and occupants of premises. The Borough Manager shall cause to be printed so much of the rules and regulations contained in this article as shall sufficiently inform the owners and occupiers of premises of their duties in reference to the collection and disposal of refuse, and such printed rules and regulations shall be delivered and served upon each of the owners and occupants of the premises from which refuse is to be collected.
H. 
Designation of solid waste disposal facility. The Lycoming County Landfill is hereby designated the official solid waste disposal facility of the Borough. All refuse accumulated in the Borough shall henceforth be disposed of by the Borough, or by private collectors under § 280-3A of this article, by delivering such refuse to the said facility.

§ 280-9 Violations and penalties.

[Amended 10-20-1987 by Ord. No. 833; 12-29-1988 by Ord. No. 843]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $600, together with the costs of prosecution, or to be imprisoned for a period not to exceed 90 days or both. Each day that a violation of this article continues shall constitute a separate offense.
[Amended 7-16-1991 by Ord. No. 875]

§ 280-10 Short title.

This article shall be known as the "Municipal Waste Recycling and Waste Reduction Ordinance of the Borough of Lewisburg," and the same may be cited in that manner.

§ 280-11 Definitions.

[Amended 10-15-1991 by Ord. No. 877]
For the purposes of this article, the following terms, phrases and words shall have the following meanings. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
APPLICANT
A person desiring to be authorized as a collector of source-separated recyclable materials.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes, excluding those multiple dwelling residential buildings, containing three or more dwelling units.
COMMUNITY ACTIVITIES
Church, school, civic service group, municipal functions, and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear glass or colored glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences. It does not include envelopes. It must be staple free.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such as hospitals, schools, day care centers and nursing homes.
LEAD ACID BATTERIES
Include, but are not limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTIES
Having three or more dwelling units per structure.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of Lewisburg and other governmental and quasi-governmental authorities.
MUNICIPAL RECYCLING PROGRAM
A source separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated drop-off points or collection centers for recycling municipal waste or source-separated recyclable materials, that is operated by on behalf of a municipality. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants.
MUNICIPALITY
The Borough of Lewisburg, Union County, Pennsylvania.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest.
PERSON(S)
Owners, lessees and occupants of residences; commercial or institutional establishments; corporations; partnerships; firms; associations; or other entities.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be regulated.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
RECYCLING COLLECTOR
A person or entity authorized to collect and haul source separated recyclable materials from commercial, institutional and municipal establishments and multifamily housing properties in the Borough Lewisburg.]
RESIDENTIAL DWELLING
Occupied single or multifamily dwelling having up to and including two dwelling units per structure for which the Borough provides municipal waste collection service.
SOURC-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source separated recyclable materials or material approved by the Borough for beneficial use.

§ 280-12 Establishment of program for residential dwellings.

There is hereby established a municipal recycling program for the mandatory separation of recyclable materials from solid waste by persons residing in single dwellings or two-family dwellings having up to and including two dwelling units per structure. The Borough shall be responsible for scheduling a day at least once a month for collection of recyclable material. The authority to establish and modify this schedule and the responsibility for communicating it to the residents of the Borough, along with the authority to make rules and regulations to enforce, interpret, explain and promote this article, provided that such rules and regulations are approved by resolution of Borough Council, shall be with the Borough Manager of the Borough.

§ 280-13 Separation of recyclables for residential dwellings.

A. 
Recyclable materials from residential dwellings shall be placed at the curb or other designated places separate from solid waste for collection or taken to drop off sites at such times, dates and places and in such manner as may be established by the Borough in its rules and regulations promulgated hereunder. Materials to be recycled may include clear glass, colored glass, aluminum cans and newspapers, as well as other recyclable materials designated by the Borough under its regulations.
B. 
The recyclable materials shall be placed in designated containers, which may be provided by the Borough and, if so provided, remain with the residence, regardless of owner or tenant. Any misuse or destruction of said containers shall subject the person responsible to the penalties as hereinafter set forth.
C. 
Should the containers become lost or unusable, they must be replaced by notifying the Borough. The Borough is authorized to charge a replacement fee in accordance with its rules and regulations promulgated hereunder.

§ 280-14 Separation of recyclables for commercial, municipal and institutional establishments.

A. 
Commercial, municipal and institutional establishments shall separate and store, until collection, high grade officer paper, corrugated paper, aluminum and other source separated recyclable materials designated by the Borough in its recycling regulations. These establishments must arrange for the transfer of materials at least once a month to a recycling system by a recycling collector (for the purpose of collecting source separated recyclable materials) authorized by the Borough.
B. 
The authorized recycling collector shall annually provide to the Borough evidence of each such arrangement and documentation of the total number of tons recycled by providing invoices showing the materials collected from the establishments (or properties) that were marketed.
C. 
At all community activities, recyclable materials designated by the Borough must be separated until collection. Sponsoring organizations must arrange for the transfer of the materials to a recycling system.

§ 280-15 Separation of recyclables by multifamily housing properties.

A. 
The owner, landlord or agent of an owner or landlord of multifamily housing properties of three or more units shall establish a collection system for recyclables, at each property. Materials to be separated may include clear glass, colored glass, aluminum cans, newspapers and any other materials designated by the Borough in its regulations. The collection system must include suitable containers for collection and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
B. 
These landlords or owners must arrange for the transfer of the collected recyclables materials to a recycling system at least once a month.
C. 
Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for the noncompliance of occupants of their buildings.

§ 280-16 Lead acid batteries.

No person may place a used lead acid battery in mixed municipal solid waste, discard or otherwise dispose of a lead acid battery, except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of the Commonwealth.

§ 280-17 Separation and disposal of leaves.

All persons who reside in residential dwellings and all persons who are responsible for administration of multifamily housing properties and commercial, municipal and institutional establishments who gather leaves shall source separate all leaves from other waste and place them for collection at the times and in the manner prescribed by the Borough. Leaves are not to be incorporated into the regular waste stream. Nothing herein shall require any person to gather leaves or prevent any person from utilizing leaves for compost, mulch, or other agricultural, horticultural, silvicultural, gardening or landscape purposes.

§ 280-18 Authorization of collectors from multifamily dwellings and commercial, institutional and municipal establishments.

[Amended 10-15-1991 by Ord. No. 877]
The Borough shall authorize by permit recycling collectors to collect and market source separated recyclable materials from multifamily dwellings and commercial, institutional and municipal establishments within the Borough.
A. 
Permits shall be issued upon application to the Borough, which shall review and approve such applications in accordance with the following criteria:
(1) 
No person, other than persons duly authorized by the Borough, shall collect, transport and/or market source separated recyclable materials within or from the Borough;
(2) 
Permits may be issued to only those persons who can provide satisfactory evidence that they are capable of providing the necessary services and can comply with the provisions and intent of this article and the rules and regulations established by the Borough; and,
(3) 
A the time of the application's submission, the applicant shall indicate that he/she has the appropriate type of truck with which to collect source separated recyclable materials and shall provide evidence that he/she carries sufficient liability insurance on the vehicle.
B. 
Permits shall be issued on a fiscal year basis and renewed annually, but may be revoked at any time by the Borough for violation of any law, statute or ordinance or for just cause in accordance with the rules and regulations of the Borough and/or the Department of Environmental Resources of the Commonwealth of Pennsylvania.
C. 
Nothing herein shall prohibit an individual and/or business from taking their/its source separated recyclable material directly to a designated drop off site or to market in accordance with this article, if the following requirements are met:
(1) 
The persons have otherwise provided for the recycling of materials that they are required by this article and the regulations promulgated hereunder to recycle; and,
(2) 
The persons annually, in February, provide written documentation to the Borough of the total number of tons of materials and type of materials recycled.

§ 280-19 Collection of recyclables by unauthorized person(s).

[Amended 10-15-1991 by Ord. No. 877]
A. 
Ownership of any recyclable materials is retained by the owners, lessees and occupants of residences and commercial or institutional establishments until the materials are placed at curbside or a similar location for collection. Thereafter, once the materials are placed at curbside or a similar location, they become the property of the Borough or its authorized recycling collector(s), unless deemed to be unacceptable due to their condition, packaging, or nature or separation.
B. 
It shall be a violation of this article for any persons unauthorized by the Borough to collect, pick up or cause to be picked up, transport or bring into the Borough, or convey over any of the streets and alleys of the Borough any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 280-20 Delivery of recyclables to landfills or incinerators.

All recyclable materials must be delivered by the authorized collector to sites for recycling. It shall be a violation of this article for the authorized collector of recyclable materials to deliver such materials to a landfill or incinerator for the purpose of disposal unless the markets for such materials no longer exist. The authorized collector will provide to the Borough the weight receipts of the recyclable materials.

§ 280-21 Authorization of Borough to contract with collectors.

[Amended 11-19-1991 by Ord. No. 878]
Nothing in this article shall prohibit the Borough from specifically contracting with collectors of recyclable materials to collect and haul source separated recyclable materials from commercial, institutional and municipal establishments and residential and multifamily dwellings within the Borough.

§ 280-22 Fees.

[Amended 11-19-1991 by Ord. No. 878]
A person may rent a container from the Borough for the storage of recyclable materials at the rate of $7.70 per month, which fee may be increased from time to time by resolution of the Borough Council of the Borough of Lewisburg. The Borough shall also charge to and and collect from any person, recycling collector, or collector of recyclable materials such other fee or fees for the collection of recyclable materials as the Borough may establish from time to time by resolution of the Borough Council of the Borough of Lewisburg.

§ 280-23 Violations and penalties.

Any person who shall fail to comply with the requirements of this article or violate the terms and provisions hereof or the rules and regulations promulgated hereunder shall be guilty of a summary offense and upon convection thereof in a summary proceeding before a District Justice, be sentenced to pay a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, be imprisoned for a period not in excess of 90 days; provided, however, that each day's continuance of a violation of this article shall constitute a separate offense. Responsibility for the enforcement of this article shall be with the Borough.