[HISTORY: Adopted by the Borough Council of the Borough of Ephrata 12-13-2004
by Ord. No. 1394.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles and property — See Ch. 111.
Brush, grass and weeds — See Ch. 129.
Open burning — See Ch. 147.
Peace and good order — See Ch. 227.
Property maintenance — See Ch. 245.
[1]
Editor's Note: This ordinance superseded former Ch. 271, which consisted of Art. I, Solid Waste Disposal, adopted 1-12-1987 by Ord. No. 1159; Art. II, Solid Waste Management, adopted 10-8-1990 by Ord. No. 1194; Art. III, Solid Waste Collection Charges, adopted 2-6-1976 by Ord. No. 1027; Art. IV, Recycling, adopted 8-13-1990 by Ord. No. 1189; and Art. V, Disposal and Collection of Leaves, adopted 10-10-1983 by Ord. No. 1113. However, a portion of former § 271-17, Containers; preparation for collection, Subsection A, and all of former § 271-19, Time of collection, were retained and incorporated into this chapter as §§ 271-23 and 271-24.
This chapter shall be known and referred to as the "Municipal Waste
Management Ordinance of the Borough of Ephrata."
Any capitalized term, if not defined in this chapter, shall have the
meaning as from time to time set forth in the LCSWMA Rules and Regulations
which are incorporated into this chapter by reference. In addition, as used
in this chapter, the following terms shall have the following meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No.
97, as now or hereafter amended, 35 P.S. § 6018.101 et seq.
The Municipal Waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter amended, 53 P.S.
§ 4000.101 et seq.
All food and beverage cans made of the light-in-weight, ductile and
malleable metallic substance or element commonly known as "aluminum." This
description excludes aluminum foil, trays, plates, and miscellaneous aluminum
products.
Bags which LCSWMA makes available to Generators of Municipal Waste
and which shall be used as disposal containers for batteries which are generated
in households.
Borough of Ephrata.
Clear glass consists only of clear food and beverage containers made
of glass, of one gallon or less capacity, and comprised of the hard, brittle
and transparent or partially transparent substance produced by fusion of silica
and silicates or sand containing soda and lime and/or other chemicals and
substances usually included in the manufacture of glass.
Colored glass consists only of green or brown food and beverage containers
made of glass, of one gallon or less capacity, and comprised of the hard,
brittle and transparent or partially transparent substance produced by fusion
of silica and silicates or sand containing soda and lime and/or other chemicals
and substances usually included in the manufacture of glass.
October 1, 1990, the date upon which the Borough's mandatory
recycling program and Municipal Contract collection services began.
Designated recyclable materials which have been segregated from regulated
municipal waste, but have not been separated into different types of recyclable
materials and which have been placed in a recycling container for the purpose
of collection.
Events that are sponsored by public or private agencies or individuals,
including but not limited to, fairs, bazaars, socials, picnics and organized
sporting events attended by 200 or more individuals per day.
The process by which solid organic waste is biologically decomposed
under controlled aerobic or anaerobic conditions to yield a humus-like product.
The person(s) providing municipal contract waste and designated recyclable
materials collection services under the Borough Contract(s).
A portion of municipal waste resulting from the construction or demolition
of buildings and other structures, including wood, plaster, drywall and wallboard,
metals, asphaltic substances, bricks, block, and unsegregated concrete. The
term also includes street sweepings and non-friable asbestos waste. The term
does not include the following if they are separated from other waste and
used as clean fill:
Unbleached, unwaxed kraft paper that is formed into layers with a
fluted medium and manufactured into shipping boxes and related products.
The County of Lancaster, Pennsylvania.
The correct location for the placement of refuse containers and recycling
containers for the purpose of collection by the contractor(s) under the Borough
contract(s), and by permitted collectors at residential units, multifamily
units and nonresidential units, which shall be adjacent to the Residential
Unit and no more than five feet from the public street used by collection
vehicles.
A person with an agreement for on-site collection of solid waste
generated by such person or within a residential unit, multifamily unit or
nonresidential unit occupied by such person.
Those source-separated recyclable materials designated in § 271-7 of this chapter.
Any person, other than a residential unit, who generates municipal
waste and requests and receives approval by the Borough to use the collection
services provided under this contract.
Any contract for the storage, collection, transportation, processing
or disposal of regulated municipal waste or designated recyclable materials
generated or located within the Borough which was legally entered into prior
to the effective date of this chapter and when entered into was legally enforceable.
Refuse containers which are in excess of the number of refuse containers
per collection site limit in the Borough Contract.
A label which shall be affixed to tires, white goods, oversized refuse
items, yard waste and extra refuse containers in order for such items to be
collected by the contractor.
Any specific site designated by LCSWMA (or approved by LCSWMA) as
the specific place or site to which solid waste or source-separated recyclable
materials, or any portion of solid waste or source-separated recyclable materials,
must or may be delivered; or in the absence of a specific site being designated
by LCSWMA, any approved site for the delivery of any category of solid waste
or source-separated recyclable materials.
A tract of land containing 10 or more acres which is used for agricultural
purposes, which agricultural activities provide the major and primary source
of income to the residents of the tract.
Kitchen or household refuse.
A person who produces or creates any solid waste.
Garbage, refuse, sludge from an industrial or other wastewater treatment
plant, sludge from a water supply treatment plant or air pollution control
facility and other discarded material including solid, liquid, semisolid or
contained gaseous material resulting from municipal, commercial, industrial,
institutional, mining or agricultural operations, and from community activities,
or a combination of these factors, which because of its quantity, concentration,
or physical, chemical or infectious characteristics may:
The term does not include coal refuse as defined in the Coal Refuse
Disposal Control Act (52 U.S.C.A. §§ 30.51-30.62); treatment
sludges from coal mine drainage treatment plants, disposal of which is being
carried on under and in compliance with a valid permit issued under the Clean
Streams Law (35 P.S. § 691.1691.1001); solid or dissolved material
in domestic sewage; solid dissolved materials in irrigation return flows;
industrial discharges which are point sources subject to permits under Section
402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1342);
or source, special nuclear, or by-product material as defined by the Atomic
Energy Act of 1954 (42 U.S.C.A. §§ 2011-2394).
Desktop-generated paper limited to white ledger, copy paper, and
computer printout (CPO).
A portion of municipal waste that would be considered hazardous under
Act 97 but for the fact that it is produced in quantities smaller than those
regulated as hazardous waste under Act 97 and is generated by persons not
otherwise covered as hazardous waste generators by Act 97. Household hazardous
waste includes the following materials and other materials of a similar nature:
Antifreeze;
Batteries;
Chlorinated hydrocarbons;
Fluorescent light bulbs and other mercury-containing devices;
Gasoline and kerosene;
Grease and rust solvents;
Oven, toilet and drain cleaners;
Paints, rust preventatives, stain and wood preservatives;
Pesticides, fungicides, herbicides, insecticides, rodenticides, roach
and ant killers;
Photographic and pool chemicals;
Thinners, solvents and furniture strippers;
Transmission and brake fluids;
Used oil or other hydrocarbon-based lubricants; and
Wood, metal, rug and upholstery cleaners and polishes.
Nonmanufacturing waste coming from the lunch room, bathroom or office.
The Lancaster County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities Act, as
amended.
Any facility owned or operated by or on behalf of LCSWMA.
A form supplied by LCSWMA to be completed and signed by each person
who collects or transports solid waste or source-separated recyclable materials
and which specifies, inter alia, the source, type, quantity and delivery point
for the solid waste or source-separated recyclable materials, the applicable
license number and other pertinent information.
A property with five or more residential units including, without
limitation, apartment complexes, condominium complexes, retirement homes and
mobile home parks, excluding farms.
The agreement between the Borough and a permitted collector under
which collection services are to be provided to residential units and eligible
commercial establishments for municipal contract waste and/or for designated
recyclable materials.
Those portions of regulated municipal waste which are to be collected
and disposed of under this Municipal Contract. Municipal contract waste consists
exclusively of refuse and oversized refuse items.
An owner or occupant of each residential unit for the collection
of designated recyclable materials under the Municipal Contract and any residential
unit or eligible commercial establishment electing to receive the collection
services for municipal contract waste.
Ephrata Borough.
The rules and regulations adopted and revised from time to time by
the Borough which govern and pertain to the Borough's recycling program
and the on-site collection or storage of regulated municipal waste within
the Borough.
Paper that has been used for the production of daily, weekend and
special edition publications commonly known as "newspapers."
Nonprocessable waste is a portion of municipal waste consisting of
materials that cannot be handled by LCSWMA's normal processing or disposal
methods. Nonprocessable waste includes items greater than six feet in any
dimension such as mattresses, large furniture and recreational vehicles. Nonprocessable
waste (oversized) may consist of large auto parts, machines, and any other
items deemed appropriate by LCSWMA.
All commercial, municipal and institutional establishments, all community
activities, and all farms, excluding residential units and multifamily units.
Refuse which will not fit into refuse containers but which is not
nonprocessable waste, including small furniture, carpet, portable televisions
and the like, but excluding tires and white goods.
A fire, the air contaminants from which are emitted directly into
the outdoor atmosphere and not directed thereto through a flue.
An owner or occupant of a residential unit electing not to receive
collection services under the Municipal Contract and that independently contracts
with a permitted collector for the collection of regulated municipal waste.
A person who is in possession of all pertinent permits and licenses
which may be required by the Commonwealth of Pennsylvania and LCSWMA for the
off-site collection, transportation, storage or disposal of solid waste or
recyclable materials.
Any individual, firm, partnership, corporation, association, institution,
cooperative enterprise, Borough, municipal authority, governmental entity
or agency, or any other legal entity whatsoever which is recognized by law
as the subject of rights and duties.
Recyclable plastics are identified on the bottom of the container
and consist of two types of containers, namely, #1 PETE (such as soda bottles)
and #2 HDPE (such as milk, spring water, and detergent bottles).
A portion of municipal waste consisting of organic waste materials
which, due to biological decomposition, are, or have a tendency to be, rotten,
foul, or odorous, including dead animals and spoiled foods, but not including
sludge.
Any material which would be regulated municipal waste but for source
separation and which will be processed into raw materials or products which
are beneficially reused.
The separation, collection, recovery and sale or reuse of metals,
glass, paper, yard waste, plastics and other materials which would otherwise
be disposed of or processed as solid waste, or the mechanized separation and
treatment of solid waste and creation and recovery of reusable materials or
energy.
For residential units, the term "recycling container" shall refer
to the container supplied by the Borough. For multifamily units and nonresidential
units, the term "recycling container" shall refer to a receptacle that is
constructed of plastic, metal or fiberglass and has handles of adequate strength
for lifting.
That portion of regulated municipal waste except:
A receptacle which is constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors or a polyethylene
bag which is specifically designed for storage and collection, is protected
against animal damage and overloading so as to prevent littering or attraction
of insects or rodents, and has a holding strength capable of withstanding
normal stresses until it is collected. With respect to residential units,
the weight of a refuse container and its contents shall not exceed 30 pounds
nor shall its capacity exceed 32 gallons.
Any solid waste generated or collected within the Borough which is
garbage, refuse, industrial lunchroom or office waste, and other material,
including solid, liquid, semisolid or contained gaseous material, resulting
from operation of residential, municipal, commercial or institutional establishments
and from community activities, and any sludge not meeting the definition of
“residual waste” or “hazardous waste” from a municipal,
commercial or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term does not include designated
recyclable materials or unacceptable waste.
Any single-family detached, semidetached or townhouse dwelling, or
a dwelling unit within a multifamily building containing four or fewer dwelling
units, excluding farms. When used in this chapter or the Borough's Policies
and Procedures, the term "residential unit" shall also refer to any multifamily
unit or nonresidential unit (eligible commercial establishment) that requests
and receives approval from the Borough to use the collection services provided
under the Municipal Contract(s).
Any garbage, refuse, other discarded material or other waste, including
solid, liquid, semisolid or contained gaseous materials resulting from industrial,
mining and agricultural operations and any sludge from an industrial, mining
or agricultural water supply treatment facility, wastewater treatment facility
or air pollution control facility, provided that it is not hazardous. The
term does not include coal refuse as defined in the Coal Refuse Disposal Control
Act or treatment sludges from coal mine drainage treatment plants, disposal
of which is being carried on, under and in compliance with a valid permit
issued under the Clean Streams Law.
The removal of designated recyclable materials in violation of § 271-
13 of this chapter.
A system where recyclable materials, commonly fibers and glass, metal
and plastic containers, are collected and processed together.
Sewage sludge.
Any waste, including but not limited to municipal, residual, or hazardous
wastes, including solid, liquid, semisolid or contained gaseous materials.
The process of separating, or the separation of, designated recyclable
materials from other solid waste at the location where generated for the purpose
of recycling.
The ferrous metal food or beverage containers commonly known as “tin
cans.”
Any pneumatic rubber automobile, truck, or farm implement tire.
The following types of solid waste are unacceptable waste unless
approved by LCSWMA on a case-by-case basis:
Chemotherapeutic waste;
Drums, barrels, buckets and paint cans unless lids have been removed
and interiors are cleaned and free of any residue;
Explosives and ordinance materials;
Gas cylinders, unless empty and delivered separate from other solid
waste;
Hazardous waste;
Infectious/pathological waste; and
Radioactive materials.
A portion of regulated municipal waste consisting of large appliances,
including the following: clothes washers, clothes dryers, dishwashers, freezers,
refrigerators, stoves, ovens, hot-water heaters, air conditioners, dehumidifiers,
furnaces, and electrical heaters.
All garden residues, leaves, shrubbery, tree trimmings smaller than
six inches in diameter, grass clippings, and sod.
All persons within the Borough shall source separate designated recyclable
materials generated by such person or generated within a residential unit,
multifamily unit or nonresidential unit occupied by such person.
Each person who owns a residential unit, multifamily unit or nonresidential
unit within the Borough shall ensure that regulated municipal waste and designated
recyclable materials generated at such residential unit, multifamily unit
or nonresidential unit are collected and disposed of in accordance with this
chapter, the Borough's Policies and Procedures, and LCSWMA Rules and
Regulations.
A.
Designated recyclable materials. Collection services
for designated recyclable materials shall be provided to all residential units
by the contractor.
B.
Regulated municipal waste. Each person who owns or occupies
a residential unit may elect to receive proper collection and disposal services
by either electing to participate as a municipal customer in the Borough's
collection services program provided by the contractor, utilizing a permitted
collector, or themselves transporting such waste to a facility.
C.
Each person who owns or occupies a residential unit shall
prepare designated recyclable materials and regulated municipal waste for
collection in accordance with this chapter and the Borough's Policies
and Procedures. Refuse containers shall be placed at curbside in a manner
such that said refuse container shall not spill, tip, or otherwise deposit
refuse on the street or ground. Municipal customers shall insure proper on-site
collection and disposal of regulated municipal waste that is not municipal
contract waste by either themselves delivering such materials to a facility
or utilizing a permitted collector to collect and deliver such materials to
a facility.
A.
Each person who owns or occupies a multifamily unit or
nonresidential unit shall provide proper on-site collection and disposal for
regulated municipal waste and designated recyclable materials by utilizing
a permitted collector to collect and deliver such materials to a facility.
With respect to municipal contract waste and designated recyclable materials,
a person who owns a multifamily unit or nonresidential unit may request Borough
approval to receive the services under the Municipal Contract.
B.
Each person who owns or occupies a multifamily unit or nonresidential unit approved to receive services under the Municipal Contract shall comply with the Borough's Policies and Procedures established for residential units and, notwithstanding the provisions of § 271-7B and C of this chapter, shall source separate the recyclable materials designated in § 271-7A.
C.
Each person who owns a multifamily unit or nonresidential
unit that does not receive services under the Municipal Contract shall:
(1)
Provide recycling containers at easily accessible locations
for source separation of designated recyclable materials;
(2)
Provide written instructions to all persons occupying
each multifamily unit and nonresidential unit to ensure that all designated
recyclable materials are source separated; and
(3)
Provide collection of source-separated designated recyclable
materials at a frequency of not less than once per month.
A.
Each person who owns or occupies a residential unit shall
source separate the following recyclable materials: Clear glass, colored glass,
aluminum, steel cans, plastic, newsprint, yard waste, tires, and white goods.
B.
Each person who owns or occupies a multifamily unit shall
source separate the following recyclable materials: Clear glass, colored glass,
aluminum, steel cans, plastic, newsprint, yard waste, tires, and white goods.
C.
Each person who owns or occupies a nonresidential unit
shall source separate the following recyclable materials: Clear glass, colored
glass, aluminum, steel cans, plastic, newsprint, yard waste, high-grade office
paper, corrugated cardboard, tires, and white goods.
A.
All persons who own or occupy residential units, multifamily
units or nonresidential units shall comply with the following requirements:
(1)
No regulated municipal waste or designated recyclable
materials shall be placed at curbside for collection more than 24 hours in
advance of the scheduled time for collection. Refuse and recycling containers
must be removed from curbside no more than 24 hours after collection.
(2)
Regulated municipal waste or designated recyclable materials
from residential units shall not be stored at curbside prior to collection.
Regulated municipal waste or designated recyclable materials shall be stored
in containers which shall prohibit the contents from being scattered by wind
and rain and shall prohibit accessibility by rodents or other vermin.
(3)
Regulated municipal waste and designated recyclable materials
from multifamily units and nonresidential units may be placed in bulk containers
of suitable size, shape and material so as to prohibit the contents from being
scattered by wind and rain and shall prohibit accessibility by rodents or
other vermin.
B.
All permitted collectors and the contractor shall insure
that collection of regulated municipal waste and designated recyclable materials
shall comply with the following requirements:
(1)
Regulated municipal waste and designated recyclable materials
shall be collected on the same day from residential units, unless otherwise
authorized by the Borough, and collection shall be made a minimum of once
a week.
(2)
On-site collection from residential units shall occur
on weekdays during hours established by the Borough. Notwithstanding the foregoing,
Saturday collection will be permitted if a holiday has occurred within a week
of the holiday, unless otherwise authorized by the Borough.
(3)
No regulated municipal waste or designated recyclable
materials shall be blown, scattered or deposited upon the ground in the process
of collection.
(4)
Each permitted collector and the contractor collecting
regulated municipal waste shall collect and deliver, separately to a LCSWMA
facility battery drop-off location, all battery bags placed at curbside by
residential units.
All persons who collect on-site, store, process or dispose of regulated
municipal waste or designated recyclable materials within the Borough shall
demonstrate, if so required by the Borough, that:
A.
A valid license has been issued by LCSWMA to the applicant.
B.
Applicant's operation is in conformity in all respects
with the rules and regulations of the Pennsylvania Department of Environmental
Protection (PADEP), LCSWMA, and all Borough Ordinances and the Borough Policies
and Procedures.
C.
Regulated municipal waste and designated recyclable materials
shall be suitably enclosed or covered in all vehicles to be used so as to
prevent roadside littering, attraction of vectors, or the creation of other
nuisances.
D.
All disposal of regulated municipal waste other than
designated recyclable materials shall be at a facility.
E.
All designated recyclable materials shall be recycled
and shall not be disposed of as regulated municipal waste.
F.
Insurance shall be obtained for the applicant's
proposed operation in the Borough. A certificate of insurance demonstrating
limits as follows:
G.
All equipment to be used have been properly licensed
and inspected, and all operators have valid operators' licenses for the
class of vehicle operated.
A.
With respect to municipal contract waste and designated
recyclable materials generated by municipal customers, no person other than
the contractor shall collect, store, process or dispose of such municipal
contract waste. With respect to regulated municipal waste other than municipal
contract waste which is generated by municipal customers and regulated municipal
waste which are generated by other customers, multifamily units or nonresidential
units, no person other than a permitted collector shall collect, store, process
or dispose of such waste. Notwithstanding the foregoing, municipal customers
who generate waste other than municipal contract waste and other customers
may deliver regulated municipal waste or designated recyclable materials generated
by the municipal customer or other customer directly to a LCSWMA facility.
B.
No person who generates, owns or possesses designated
recyclable materials or regulated municipal waste shall, by Municipal Contract
for collection services or otherwise, cause, permit or assist in the on-site
collection, storage, processing or disposal of such waste by any person other
than:
(1)
The contractor with respect to municipal contract waste
or designated recyclable materials generated by municipal customers; and
(2)
A permitted collector with respect to regulated municipal
waste other than municipal contract waste generated by municipal customers,
and regulated municipal waste or designated recyclable materials generated
by other customers, multifamily units and nonresidential units.
C.
Notwithstanding the provisions of §§ 271-6B, 271-6C, 271-10A and 271-10B above, any person who owns or occupies a residential unit or a farm may request from the elected body of the Borough approval to deliver to a LCSWMA facility the regulated municipal waste which was generated at such person's residence or farm. Approval of any such request for an exception to the requirement of using a permitted collector shall be within the sole discretion of the Borough and in any event shall not be granted absent firm proof by such person that such regulated municipal waste shall be delivered in a manner that is safe, sanitary and environmentally sound.
D.
The contractor and each permitted collector that collects
on-site regulated municipal waste and designated recyclable materials generated
in any residential unit, Multifamily unit or nonresidential unit shall complete
monthly LCSWMA manifests, reporting the amount of regulated municipal waste
and designated recyclable materials collected in the Borough. The original
manifests shall be provided monthly to the LCSWMA, with a copy to the Borough,
no later than the 15th day of the month following the month in which the regulated
municipal waste was collected.
E.
Each permitted collector who provides regularly scheduled
service for the on-site collection of regulated municipal waste from any multifamily
units and nonresidential units shall also collect on-site designated recyclable
materials from such multifamily unit and nonresidential unit. Each such permitted
collector shall establish and shall notify each multifamily unit and nonresidential
unit of procedures and collection schedules for the source separation, segregation
and packaging of regulated municipal waste and designated recyclable materials.
F.
Recycling containers for residential units shall be provided
by the Borough that shall retain title to all such recycling containers. The
contractor and/or the Borough shall distribute recycling containers to all
residential units customers in accordance with guidelines established by the
Borough. Collection at residential units shall permit commingling of all aluminum,
clear glass, colored glass, steel cans, and plastics in a single recycling
container. The Contractor/Borough shall schedule collections for yard waste,
tires and white goods at least once annually and shall give each residential
unit at least 30 days' advance notice of the schedule for such collections.
Newsprint shall either be bagged or bundled in accordance with instructions.
G.
Each permitted collector shall give written notice to
each customer, multifamily unit and nonresidential unit of such permitted
collector's obligations under this chapter and particularly the requirement
to offer on-site collection services for designated recyclable materials.
H.
No permitted collector or the contractor who collects on-site or disposes of designated recyclable materials or regulated municipal waste shall, by contract for such services or otherwise, cause, permit or assist in the storage, collection, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste, or which is otherwise inconsistent with source separation or recycling. Any delivery of designated recyclable materials to a LCSWMA facility in accordance with the LCSWMA Rules and Regulations shall be deemed to satisfy the requirements of this § 271-10H.
I.
All regulated municipal waste and designated recyclable
materials generated or collected in the Borough shall be delivered directly
to a facility in accordance with the LCSWMA Rules and Regulations and without
any intervening transfer, unloading, processing, sorting, salvaging, scavenging,
or reuse of any portion of any load of such regulated municipal waste and
designated recyclable materials from the time of its collection until the
time of its delivery to the facility.
A.
No person shall store, process or dispose of any regulated
municipal waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing, yard waste may be composted to the extent and in the manner
provided in the Borough's Policies and Procedures on the property on
which such yard waste was generated.
B.
No person shall process or dispose of any designated
recyclable materials through open burning.
A.
Fees for the collection and disposal of designated recyclable
materials and regulated municipal waste provided by the municipal contractor(s)
shall be charged to all residential units within the Borough that are municipal
customers. All occupiers of residential units within the Borough shall be
liable for said service charge, but no one occupier of real estate shall pay
more than one service charge per residential unit.
B.
All occupiers of residential units in the Borough by
virtue of this service charge hereby shall be entitled to receive collection
of designated recyclable materials subject to regulations and resolutions
of the Borough for collection of designated recyclable materials. The municipal
services fee shall apply regardless of whether the occupiers of residential
units utilize the designated recyclable materials services provided by the
Borough. The amount of the municipal service fee and the schedule for payment
of fees shall be adopted by resolution or ordinance from time to time by the
Borough.
C.
The municipal service fees levied shall be collected
in the same manner as other Borough bills.
D.
If any municipal service fee levied and assessed pursuant
to this chapter shall not be paid when due, a penalty of 10% of the amount
of the service charge due and unpaid shall be added thereto and collected.
From the time of placement for collection at curbside of any designated
recyclable materials, all such designated recyclable materials shall be the
property of the generator, the contractor or the permitted collector who has
contracted to provide on-site collection, as provided in the Municipal Contract
or a collection agreement. It shall be a violation of this chapter for any
person, other than the contractor or a permitted collector, to collect or
pick up, or cause to be collected or picked up, any such designated recyclable
materials. Each such collection shall constitute a separate and distinct offense.
It shall be a violation of this chapter for any person other than the
contractor or a permitted collector to collect or pick up, or cause to be
collected or picked up, any regulated municipal waste within the Borough.
Each such collection shall constitute a separate and distinct offense.
A.
Nothing in this chapter shall be construed to impair
the obligations of any existing contract.
B.
No renewal or modification of any existing Municipal
Contract, and no new contract for the storage, on-site collection, processing
or disposal of regulated municipal waste or designated recyclable materials,
shall be entered into after the effective date of this chapter unless such
renewal or modification or new contract shall conform to the requirements
of this chapter and the Borough's Policies and Procedures.
C.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this chapter shall provide for on-site collection services to be performed after the commencement date for municipal contract waste or designated recyclable materials generated by any municipal customer. This provision shall not apply to the Municipal Contract between the Borough and the Contractor. With respect to any contract which violates this § 271-15C, such contract shall be deemed void and the hauler that is a party to such contract shall reimburse to the applicable municipal customer any funds which have been paid for such collection services and shall not collect or attempt to collect any funds for such collection services.
The Borough shall have the power to issue the Borough's Policies
and Procedures governing all matters set forth in this chapter and any other
related matters be necessary or convenient by the Borough. The Borough's
Policies and Procedures shall be effective when issued in writing and signed
by the manager of the Borough. The Borough shall have the power to establish
service fees, record and reporting requirements, and standards and procedures
for the issuance, administration and revocation of licenses, as deemed necessary,
including without limitation, application procedures, fees, standards and
conditions for licenses; the fixing of a monetary bond, with or without surety,
to secure the compliance by any Permitted Collector with any such requirements,
standards or procedures; and any other matters deemed necessary or convenient
by the Borough. In the event of suspension or revocation of any license which
is issued by the Borough, LCSWMA or PADEP, the person whose license is suspended
or revoked shall refund to each customer any prepaid fees.
It shall be unlawful for any person to violate, or cause or permit or
assist in the violation of, any provision of this chapter or any provision
of the Borough's Policies and Procedures. All unlawful conduct shall
also constitute a public nuisance.
Any person violating any provision of this chapter or any provision
of the Borough's Policies and Procedures shall, upon conviction thereof
in a summary proceeding, be liable to pay a fine or penalty of not less than
$600 plus costs of prosecution and, in default of the payment of such fines
and costs, to undergo imprisonment for not more than 30 days. Each violation
of any provision of this chapter or of any provision of the Borough's
Policies and Procedures, and each day that such a violation continues, shall
constitute a separate violation and offense.
For purposes of the obligations established by this chapter or the Borough's
Policies and Procedures, and for purposes of any fine, penalty, imprisonment
or other sanction, the terms "person," "municipal customer," "other customer,"
"residential unit, "multifamily unit" and "nonresidential unit" shall include
officers, directors and partners of any corporation or partnership or other
legal entity having officers, directors or partners; and refer to, and impose
joint and several liability upon, both the persons residing in or occupying
any such residential, multifamily or nonresidential units and the owner, landlord,
condominium owner's association and/or agent of an owner, landlord or
condominium owner's association of such premises.
In addition to any other remedy provided in this chapter, the Borough
may institute proceedings to restrain any violation of, or to require compliance
with, this chapter and/or the Borough's Policies and Procedures.
The penalties and remedies set forth in this chapter are in addition
to, not in lieu of, any fines, penalties or remedies provided in the Borough's
Policies and Procedures. The existence or exercise of any remedy shall not
prevent the Borough from exercising any other remedy provided under this chapter
or the Borough's Policies and Procedures, or available at law or equity
including the filing of a lien for the nonpayment of service fees.
Any other ordinances, including Ordinance Number 948 which was adopted
and approved on February 21, 1972, and Ordinance Number 1189 which was adopted
and approved on August 13, 1990, which pertain to regulated municipal waste
or designated recyclable materials are hereby repealed to the extent of any
inconsistency with this chapter.
The receptacles shall be kept in the rear of the house, apartment building,
storeroom, restaurant, etc., or shall be put in such places for the convenient
collection of their contents prior to the time set for collections as shall
be provided with the approval of the Borough for the collection of the same
from the respective premises. At no time shall any vessels, receptacles or
containers be placed or kept upon the alley, street, sidewalk or public place
or in front of any building, residence or retail or wholesale establishment.
Containers shall be accessible to the collector when called for, and each
owner or person responsible for such garbage and/or rubbish shall provide
sufficient receptacles to contain the garbage and/or rubbish.
It shall be unlawful for any collector, including a licensed hauler
or other hauler, of regulated municipal waste and/or designated recyclable
materials within the Borough of Ephrata to remove any such waste within the
Borough of Ephrata between the hours of 7:00 p.m. and 5:00 a.m.
