[HISTORY: Adopted by the Borough Council of the Borough of Greencastle 3-2-1992
by Ord. No. 1992-1 (Ch. 20, Part 1, of the 1985 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 132.
This chapter shall govern and control all aspects of the collection,
storage, transportation, processing and disposal of municipal waste and recycling
in the Borough of Greencastle. It contains regulations applicable to haulers
of municipal waste, collectors of recyclables, individuals, commercial, municipal,
institutional establishments and community activities.
This chapter is being enacted in an effort to implement a recycling
program in order to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing and disposal
facilities.
As used in this chapter, the following terms shall have the meanings
indicated:
One who performs an act for his immediate family or for another person
gratuitously (without any form of monetary or material compensation therefor).
Empty, all-aluminum beverage and food containers.
A person desirous of being licensed as a hauler or of being issued
a recyclable collection permit, as the case may be.
A licensed hauler (as defined herein); a recyclable collection permittee
(as defined herein); or a person who, being so authorized by the terms of
this chapter, removes municipal waste or recyclables from his own premises,
as owner of the building or commercial, municipal or institutional establishment
or community activity conducted therein, or as an agent (as defined herein)
of another person.
Empty food or beverage containers consisting of both steel and aluminum.
Greencastle, Franklin County, Pennsylvania.
Discarded "white goods" (major appliances), televisions, mattresses,
furniture, air conditioners and similar household items.
A general term referring to any person who collects, for removal
from premises, municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise, business
or establishment.
An activity or event sponsored or organized by a public or private
nonprofit organization for recreational, educational, cultural or civic purposes
which may be attended by members of the public, whether or not an entrance
or participation fee is charged therefor.
The process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield humus-like product.
A facility using land for processing of municipal waste by composting.
Structural paper material with an inner core shaped in rigid parallel
furrows and ridges of the type normally used to make packaging cartons and
boxes.
A method of collection of residentially generated recyclables and
municipal waste by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside (within the public
right-of-way) fronting along their property, at the times designated by the
Borough of Greencastle, for collection and removal by an authorized collector
therefor for delivery to a recycling center.
The incineration, disposition, injection, dumping, spilling, leaking
or placing of municipal waste into or on the land or water in a manner such
that the municipal waste or a constituent thereof enters the environment,
is emitted into the air, or is discharged to the waters of the Commonwealth
of Pennsylvania.
Any site, location, area, building, structure, transfer station or
premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from the handling,
preparation, cooking and consumption of food.
All empty food and beverage jars or bottles made from silica or sand,
soda ash and limestone, the product being transparent or translucent (either
clear, green or brown), excluding, however, blue glass, flat glass, plate
glass, glass commonly known as window glass, automotive glass and ceramic
and porcelain products.
Any white paper other than newsprint, magazines or other chemically
coated paper or corrugated paper, of the type commonly used for letter writing
stationery, note paper, plain paper, photocopying machines, computer printers
and other general purpose paper, whether or not any printed or written matter
is contained thereon.
Of or pertaining to any establishment engaged in service to persons,
including, but not limited to, hospitals, nursing homes, orphanages, schools,
universities, churches and social or fraternal societies and organizations.
The owner of residential property, or such owner's authorized agent.
A facility for composting vegetative material, including leaves,
garden residue and chipped shrubbery and tree trimmings. The term does not
include a facility that is used entirely or partly for composting grass clippings.
Leaves, garden residues, shrubbery and tree trimmings (less than
four inches in length), and similar material, but not including grass clippings.
A person licensed by the Borough of Greencastle to collect, haul,
transport and dispose of municipal waste and recyclables.
Printed matter, also known as periodicals, containing miscellaneous
written pieces published at fixed or varying intervals, printed on glossy
or chemically coated paper. Expressly excluded are newspapers and all other
paper products of any nature whatsoever.
A type of residential property either under single-family ownership
or organized as a condominium or cooperative form of housing, which contains
four or more dwelling units.
Of or pertaining to any office or other property under the control
of any branch or arm of the federal government of the United States of America,
the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth
of Pennsylvania, including, but not limited to, the Borough of Greencastle,
any counties, cities, boroughs, townships and municipal authorities.
An all-encompassing, most general term meaning 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,
except farming produced manure, other agricultural waste and food processing
waste used on land where such materials will improve the condition of the
soil, the growth of crops or the restoration of the land for the same purposes
and any sludge not meeting the definition of "residual or hazardous waste"
as defined in the Commonwealth of Pennsylvania Solid Waste Management Act;[1] but excluding recyclables.
Paper of the type commonly referred to as "newspaper" and distributed
at fixed or stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters of public
interest. The term "newsprint" expressly excludes glossy advertising inserts,
magazines, glossy or other chemically coated paper, office paper and any other
paper products of any nature.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal government
or agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In any provision
of this chapter prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers and directors
of any corporation or other legal entity having officers and directors.
Plastic rings or similar plastic connectors used as holding devices
in the packaging of beverages including, but not limited to, all carbonated
beverages, liquors, wines, fruit juices, mineral waters, soda and beer.
Empty plastic food and beverage containers, the specific types of
which may, from time to time, be designated by resolution of the Borough of
Greencastle.
Any technology used for the purpose of reducing the volume or bulk
of municipal waste, or any technology used to convert part or all of such
waste materials for off-site reuse. Processing facilities include, but are
not limited to, transfer stations, composting facilities and resource recovery
facilities.
A person authorized by the Borough, through the issuance of a permit
therefor, to collect, transport and dispose of recyclables exclusively (and
not municipal waste) for persons other than himself, his immediate family
or persons for whom he is acting as an agent (as defined herein).
Materials designated as recyclables in this chapter, or required
by the terms of this chapter (or any amendment hereto) to be kept separate
from municipal waste and recycled.
The collection, separate maintenance, recovery and sale or reuse
of recyclables which would otherwise be disposed of or processed as municipal
waste (other than through combustion), creation and recovery of reusable materials
other than a fuel for the operation of energy.
A facility designated to, and which does, act as a collection center
for the processing, storage and shipment of recyclables. The term specifically
excludes transfer stations and landfills for solid waste and composting facilities
and resource recovery facilities; and specifically excludes charitable organizations
that accept recyclables for collection but do not process such recyclables.
Of or pertaining to any dwelling unit used as a place of human habitation
and which is not a commercial, municipal institution or a community activity.
Home occupations incidental to residential use within a building are considered
"residential."
A processing facility that provides for the extraction and utilization
of materials or energy from municipal waste that is generated off-site including,
but not limited to, a facility that mechanically extracts materials from municipal
waste, a combustion facility that converts the organic fraction of municipal
waste to usable energy and chemical and biological process that converts municipal
waste into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off-site, whether or not the facility
is operated to recovery energy. The term does not include:
Any composting facility.
Methane gas extraction from a municipal waste landfill.
Any separation and collection center, drop-off point or collection center
for recycling, or any source separation or collection center for composting
leaf waste.
Any facility, including all units in the facility with a total processing
capacity of less than 50 tons per day.
Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware,
leather, rags, grass, straw and all solid combustible matter not included
in this section under the definition of "garbage."
Waste including, but not limited to, municipal, residual or hazardous
wastes, including solid, liquid, semisolid or contained gaseous materials.
Empty food or beverage containers made of steel, tin coated steel
or other ferrous metal food or beverage containers.
The containment of any municipal waste on a temporary basis in such
a manner as not to constitute disposal of such municipal waste. It shall be
presumed that the containment of any municipal waste in excess of one year
constitutes disposal. This presumption can only be overcome by clear and convincing
evidence to the contrary.
The off-site removal of any municipal waste at any time after generation
thereof.
Commonly used as a term for solid waste, similar to refuse, but not
including food waste.
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed of.
The term does not include source-separated recyclable materials or material
approved by the Commonwealth of Pennsylvania Department of Environmental Protection
for beneficial use.
Grass clippings, prunings and other discarded materials from yards
and gardens.
A facility that is used to compost grass clippings, including a facility
that is used to compost leaf waste.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
It shall be unlawful for any person to store, dump, discard
or deposit, or to permit the storage, dumping, discarding or depositing, of
any solid waste or recyclables upon the surface of the ground or underground
within the Borough, except in proper containers for purposes of storage or
collection, and except where the waste or recyclables are of such size or
shape as not to permit their being placed in such containers. It shall be
unlawful for any person to dump or deposit any solid waste or recyclables
in any stream, body of water or on any public right-of-way within the Borough.
B.
The presence of any articles containing a person's name
among solid waste or recyclables shall create a rebuttable presumption, for
purposes of this chapter, that said solid waste or recyclables are the property
of the person whose name is found therein. This presumption can only be rebutted
by clear and convincing evidence to the contrary.
A.
The storage of all municipal waste shall be practiced
so as to prevent the attraction, breeding or harborage of insects or rodents
and to prevent conditions which may create potential hazards to the public
health or which may create fire and other safety hazards, odors, unsightliness
or public nuisance.
B.
Any person accumulating or storing municipal waste on
private or public property in the Borough for any purpose whatsoever shall
place the same, or cause the same to be placed, in sanitary closed or covered
containers which shall be of metal, plastic or fiberglass construction.
A.
All owners of property within the Borough shall provide
for the regular preparation, collection and removal of all municipal waste
generated at such properties in one of the approved manners set forth herein.
B.
If a person, agent or establishment (being so authorized
by the terms hereof) collects and removes their own municipal waste, they
shall do so at a minimum of every 30 days or at shorter intervals, in order
to prevent odors, vectors or accumulations of refuse or garbage that are unsafe,
unsightly or potentially harmful to the public health. Any municipal waste
so removed shall be disposed of in accordance with the requirements of this
chapter.
C.
Every owner or occupant of residential property and every
other person who, or establishment which, does not collect and remove their
own municipal waste, as aforesaid, shall contract with a licensed hauler for
the regular, scheduled curbside collection and removal of the municipal waste
at least once each week. Municipal waste shall be prepared for collection
and be collected and removed from such persons' or establishments' properties
at least once each week, except where conditions beyond the control of the
licensed hauler prevent it. No person other than a licensed hauler or an agent
shall collect or remove municipal waste from any other person's property.
D.
All agreements for collection, transportation and disposition
of municipal waste shall be by private contract between the owner or occupant
of the property where the waste is generated and the licensed hauler who is
to collect such waste. Licensed haulers shall not collect residential municipal
waste from properties within the Borough limits on Sunday.
E.
Nothing herein shall limit the right of the Borough to
implement public collection of solid waste either by entering into contracts
or by engaging in any collection practice permitted by law.
F.
Nothing contained herein shall be deemed to prohibit
any person from hauling municipal waste on an irregular and unscheduled basis
to a facility permitted by the Commonwealth of Pennsylvania, Department of
Environmental Protection, and which is approved for disposal in the Franklin
County Solid Waste Plan; provided, that such hauling shall be in addition
to and not in place of the regular removal of municipal waste as required
by this section; and, provided, that such is not in violation of any county
or other municipal law or regulation.
A.
Recyclables shall be kept separate from and disposed
of separately from municipal waste, to the extent required by the following
provisions and the hauler's guidelines:
(1)
Owners and occupants of all residential properties shall
keep separate from other waste, but may commingle (mix), the following recyclables:
clear glass, colored glass and aluminum, steel, bimetallic cans and tied or
bagged newsprint.
(2)
Owners and occupants of all commercial, municipal and
institutional establishments and properties and sponsors or organizers of
community activities shall keep separate the following recyclables: clear
glass, colored glass, aluminum, steel and bimetallic cans, corrugated paper
and high grade officer paper and newsprint.
(3)
Alternatively the Borough may, by resolution, enumerate
alternative recyclables which shall be required to be separated from municipal
waste and collected in accordance with this chapter.
B.
Corrugated paper and newsprint shall be placed in easy
to manage bundles not to exceed 40 pounds and kept dry. Glass containers and
aluminum, steel and bimetallic cans shall be emptied. Aluminum, steel and
bimetallic cans and glass containers may be mixed together and shall be placed
in containers which, when full, shall not exceed 40 pounds. High grade office
paper shall be placed in containers not to exceed 40 pounds. Recyclables shall
not be placed in the same garbage can or other container as, or otherwise
mixed with, municipal waste for collection, removal or disposal. Recyclables
shall not be placed in plastic bags or corrugated boxes.
A.
Residential properties other than multifamily housing.
(1)
For residential properties other than multifamily housing projects, all recyclables which are required to be kept separate in residential properties pursuant to § 162-7, above, shall be placed at the appropriate location on the premises to be collected at times designated by the licensed hauler or recyclable collection permittee. The frequency of such collection shall be not less than once per month.
(2)
If the recyclables are to be collected by a licensed
hauler, then the recyclables shall be set out within the public right-of-way
(curb) for collection.
(3)
If the recyclables are to be collected by an authorized
collector other than a licensed hauler, then the recyclables shall be placed
at an area other than within the public right-of-way.
B.
Multifamily housing properties.
(1)
For multifamily housing properties, all recyclables which are required to be kept separate, in residential properties pursuant to § 162-7, above, shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection. The landlord of every multifamily housing property shall require, by a clause in the lease or other enforceable rule or regulation, that the tenants in such property comply with the requirements of this chapter governing separation and disposal or placement for removal of recyclables in multifamily housing properties. Every such landlord shall set up a convenient and practical collection system in such properties for the collection, storage and regular disposal or placement for removal of recyclables generated by the residents of such properties.
(2)
The collection system shall include suitable containers
for collecting and sorting materials, easily accessible locations for the
containers and written instructions to the occupants concerning the use and
availability of the collection system.
(3)
Owners, landlords and agents of owners or landlords who
comply with the aforementioned requirements relative to multifamily housing
properties shall not be liable for the noncompliance of occupants of their
building.
C.
Commercial, municipal and institutional and community activities. All recyclables which are required to be kept separate in commercial, municipal and institutional establishments and properties and community activities pursuant to § 162-7, above, shall either be delivered directly to a recycling center or shall be picked up by a recyclable collection permittee or a licensed hauler separately from municipal waste, in a prearranged manner. If any recyclables are picked up by a recyclable collection permittee, then all recyclables generated at the property shall be made available to such recyclable collection permittee for collection.
A.
Recycling reports for multifamily housing properties.
(1)
The landlord of every multifamily housing property or his agent
shall complete a form to be designated "Recycling Report - Multifamily Housing
Properties," to be provided by the Borough, which shall indicate where the
property's recyclables are delivered.
(2)
The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclables were delivered or taken shall be submitted
quarterly to the Borough. For purposes of submitting such weight slips and
recycling reports quarterly to the Borough, the collector who removed the
recyclables from the property may be the agent for the landlord and may be
responsible for completing and submitting such to the Borough. Each such quarterly
report shall be submitted on or before the last day of the first month of
each quarter, for the preceding quarter. Quarters shall run on a calendar-year
basis, thus: January through March; April through June; July through September;
and October through December.
B.
Recycling reports for commercial, municipal and institutional
establishments and community activities.
(1)
Every commercial, municipal and institutional establishment
and community activity sponsor shall complete a form to be designated "Recycling
Report - Commercial, Municipal and Institutional Establishments and Community
Activities," to be provided by the Borough, which shall indicate where the
establishment's or activity's recyclables were delivered.
(2)
The recycling report and all weigh slips obtained from the facility or facilities to which the recyclables were delivered or taken shall be submitted quarterly to the Borough. For purposes of submitting such weigh slips and recycling reports quarterly to the Borough, the collector who removed the recyclables from the property may be the agent for the operator of the establishment or sponsor of the activity and may be responsible for completing and submitting such to the Borough. Each such quarterly recycling report shall be submitted on or before the last day of the first month of each quarter as described in Subsection A(2).
A.
From the time of placement for collection of residentially
generated recyclable items for collection in accordance with the terms of
this chapter, the items shall be and become the property of the Borough or
its authorized agent. It shall be a violation of this chapter for any person
unauthorized by the Borough to collect or pick up or cause to be collected
or picked up any such items. Any and each such collection in violation thereof
from one or more locations shall constitute a separate and distinct offense
punishable as hereinafter provided.
B.
It shall be unlawful for a person to collect, remove
or dispose of municipal waste which contains recyclables required by that
person to be separated, combined therewith.
A.
It shall be unlawful for any person, other than such
persons as are duly authorized by the Borough, to collect and to transport
municipal wastes of any nature or recyclables within or from the Borough.
Authorization shall be given only as set forth below. Authorization to collect,
transport and dispose of municipal waste or recyclables for persons other
than one's self or for whom one is acting as an agent (as defined in this
chapter) may be given only by the Borough through the issuance of a "hauler's
license" or a "recyclable collection permit." A person who collects recyclables
only shall apply for and obtain a recyclable collection permit. A person who
collects municipal waste exclusively or in addition to recyclables shall apply
for and obtain a hauler's license.
B.
All licensed haulers and recyclable collection permittees
shall have an affirmative duty to follow and conduct themselves in accordance
with their current license or permit, and to service each of their customers
in accordance with the requirements of this chapter, any failure of which
shall be a violation of this chapter.
C.
Collectors of bulky items, trash and rubbish who collect
on an unscheduled, sporadic basis (such as "you call, we haul" operators)
shall be exempt from these regulations.
D.
All application for such licenses or permits shall be
evaluated and approved in accordance with the following criteria:
(1)
Hauler's license.
(a)
Haulers' licenses may be issued to only those persons
who can comply with the provisions and intent of this chapter.
(b)
Applicants for a hauler's license must furnish the following
information on a form to be prescribed and provided therefor by the Borough:
[1]
The name, address and telephone number of the hauler
making application.
[2]
A list of all of the applicant's current customers in
the Borough, upon demand made for same by the Borough.
[3]
A certificate of the applicant's insurance coverage certifying
the maintenance by the applicant of complete third-party comprehensive and
liability insurance covering bodily injury and property damage, the limits
of which shall be not less than $300,000/$500,000 for bodily injury and $50,000
for property damage.
[4]
A valid certificate of the applicant's worker's compensation
insurance as required by law.
[5]
Any and all additional information which the Borough
may request and deem necessary prior to the issuance of a license.
(c)
The Borough may deny a hauler's license for any of the
following reasons:
[1]
If the applicant has previously had a recyclable collection
permit or hauler's license revoked or suspended in this Borough or elsewhere.
[2]
If the applicant has violated, or is violating any ordinance
of the Borough, the Solid Waste Management Act,[1] the Municipal Waste Planning and Recycling Act,[2] or any regulations of the Department of Environmental Protection
relating to the environment and to solid waste, or has been convicted of any
such violation.
[3]
If the applicant has any uncollected judgments filed
against him resulting from lawsuits filed against him by any customer.
[4]
Where, in the Borough or elsewhere, the applicant has
failed to fulfill his duties as a municipal waste collector in general, or
in particular has failed to pick up municipal waste and recyclables in a workmanlike
manner on a regularly scheduled basis.
(d)
Haulers' licenses shall be issued on a calendar-year
basis, but may be revoked at anytime by the Borough in accordance with the
following:
[1]
Failure of the licensee to furnish and provide collection
and disposal of municipal waste and recyclables in accordance with the terms
of this chapter and the conditions under which the license was issued.
[2]
Administrative proceedings.
[a]
In case of violating or failure to comply with the provisions
of this section, the Borough shall give the licensee an opportunity for a
hearing thereon. Any licensee so entitled to a hearing shall have 10 days
after notice of his right to a hearing is given to him pursuant to this section
within which to request such a hearing in writing. Failure of the licensee
to so request a hearing shall be deemed to constitute an admission of the
violation with which he is charged and which forms the basis of the revocation
of his license. In case the licensee does request a hearing in accordance
with this section, a hearing shall be scheduled before the Borough Council
and the licensee given 10 days' written notice of the time and place of the
hearing at which he may appear and answer the charge.
[b]
Upon determination that a violation did occur, the Borough
may issue a warning or may revoke the license.
[3]
The issuance of a hauler's license under this section
does not grant a vested right to any collector to a continued right to haul
or collect municipal waste and recyclables in the Borough, and the Borough
reserves the right to contract for municipal waste and recycling services
or to initiate the public collection of municipal waste and/or recyclables.
(e)
Conditions relating to hauler's license.
[1]
An annual fee shall be paid for a hauler's license in
accordance with a schedule of charges established by resolution of the Borough.
The license fee shall not be proratable. The fee shall be submitted with each
application for a license. Payment shall be made by check only, payable to
"Borough of Greencastle."
[2]
Signs. Licensees shall have placed on the door or each
side of the body of each vehicle the name of the hauler, telephone number
of the hauler's office or headquarters and the type of waste being transported
therein (or, if recyclables are being transported therein, then such to be
indicated). The size of such lettering shall be no less than six inches in
height and clearly legible.
[3]
The Borough shall have the right to inspect any vehicles
owned or leased by the applicant prior to the issuance of a license and during
the period the license is in effect.
(2)
Recyclable collection permit. No person who is not a
"licensed hauler" as defined in this chapter shall collect, transport or dispose
of recyclables for any person other than himself or for when he is acting
as an agent (as defined in this chapter) unless he has applied for and obtained
a valid recyclable collection permit authorizing such activity. Applications
for such permit shall be made by submission to the Borough on a form prescribed
therefor, completed by the applicant, accompanied by a fee for such permit
to be set by resolution of the Borough of Greencastle. Recyclable collection
permits shall be obtained annually and issued on a calendar-year basis.
(a)
Recyclable collection permits may be issued to only those
persons who can comply with the provisions and intent of this chapter.
(b)
Applicants for recyclable collection permits must furnish
the following information on a form to be prescribed and provided therefor
by the Borough:
[1]
The name, address and telephone number of the permittee
making application.
[2]
A list of all of the applicant's current customers in
the Borough, upon demand made for same by the Borough.
[3]
A certificate of the applicant's insurance coverage certifying
the maintenance by the applicant of complete third-party comprehensive and
liability insurance covering bodily injury and property damage, the limits
of which shall be not less than $300,000/$500,000 for bodily injury and $50,000
for property damage.
[4]
A valid certificate of the applicant's worker's compensation
insurance as required by law.
[5]
Any and all additional information which the Borough
may request and deem necessary prior to the issuance of a permit.
(c)
The Borough may deny the issuance of a recyclable collection
permit for any of the following reasons:
[1]
If the applicant has previously had a recyclable collection
permit or hauler's license revoked or suspended in this Borough or elsewhere.
[2]
If the applicant has violated, or is violating any ordinance
of the Borough, the Solid Waste Management Act,[3] the Municipal Waste Planning, Recycling and Waste Reduction Act,[4] or any regulations of the Pennsylvania Department of Environmental
Protection relating to the environment and to solid waste, or has been convicted
of any such violation.
[3]
If the applicant has any uncollected judgments filed
against him resulting from lawsuits filed against him by any customer.
[4]
Where, in the Borough or elsewhere, the applicant has
failed to fulfill his duties as a municipal waste collector in general, or
in particular has failed to pick up municipal waste and recyclables in a workmanlike
manner on a regularly scheduled basis.
(d)
Recycling collection permits shall be issued on a calendar-year
basis, but may be revoked at any time by the Borough in accordance with the
following:
[1]
Failure of the permittee to furnish and provide collection
and disposal of recyclables in accordance with the terms of this chapter and
the conditions under which the permit was issued.
[2]
Administrative proceedings.
[a]
In case of violating or failure to comply with the provisions
of this section, the Borough shall give the permittee an opportunity for a
hearing thereon. Any permittee so entitled to a hearing shall have 10 days
after notice of his right to a hearing is given to him pursuant to this section
within which to request such a hearing in writing. Failure of the permittee
to so request a hearing shall be deemed to constitute an admission of the
violation with which he is charged and which forms the basis of the revocation
of his permit. In case the permittee does request a hearing in accordance
with this section, a hearing shall be scheduled before the Borough Council
and the permittee given 10 days' written notice of the time and place of the
hearing at which he may appear and answer the charge.
[b]
Upon determination that a violation did occur, the Borough
may issue a warning or may revoke the permit.
[3]
The issuance of a recyclable collection permit under
this section does not grant a vested right to any collector to a continued
right to haul or collect recyclables in the Borough and the Borough reserves
the right to contract for recycling services or to initiate the public collection
of recyclables.
(e)
Conditions relating to recyclable collection permit.
[1]
An annual fee shall be paid for a recyclable collection
permit in accordance with a schedule of charges established by resolution
of the Borough. The permit fee shall not be proratable. The fee shall be submitted
with each application for a permit. Payment shall be made by check only, payable
to "Borough of Greencastle."
[2]
Signs. Permittee shall have placed on the doors or each
side of the body of each vehicle the name of the collector, the telephone
number of the collector's office or headquarters, and an indication that recyclables
are being transported therein. The size of such lettering shall be no less
than six inches in height or clearly legible.
[3]
The permittee shall pay all costs charged for the use
of any recycling facilities which he utilizes.
[4]
All recyclable collection permittees shall be required
to take all of the recyclable material which they collect from their customers
to a recycling center.
A.
For residential properties. Every hauler, as a precondition to
being licensed to do business within the Borough, shall be required to provide
to its residential customers the service of removing recyclables from their
properties at the curbside (within the public right-of-way). Any such recyclables
so removed by licensed haulers shall be kept separate from municipal waste
and shall be taken to a recycling center. Licensed haulers shall take all
of their customers' recyclable materials to a recycling center.
B.
For commercial, municipal and institutional establishments and
properties. Every hauler, as a precondition to being licensed to do business
within the Borough, shall be required to provide to its commercial, municipal,
institutional and multifamily housing property customers the service of removing
recyclables from their properties. Any such recyclables so removed by licensed
haulers shall be kept separate from municipal waste and shall be taken to
a recycling center. Licensed haulers shall take all of their customers' recyclable
material to a recycling center.
A.
No licensed hauler shall accept, pick up or remove any
bag or other container of municipal waste which the hauler knows, or has reason
to believe, contains recyclables required to be separated, combined with municipal
waste.
B.
Upon discovery of such recyclables combined with municipal
waste placed at curbside or otherwise placed for pick up, the hauler shall
affix a tag or sticker to the container containing the recyclables (which
tag or sticker will be provided by the Borough), retain a duplicate for his
records, and deliver a triplicate to the designated office of the Borough
within 48 hours. When the hauler utilizes a tag or sticker pursuant to this
section, he shall fill in the information requested thereon, including the
address at which the container is located and the reason which led him to
know or believe the container contained recyclables (e.g., he saw newspaper
or he heard bottles rattling). The hauler shall leave such container with
the tag or sticker placed thereon where he found it.
All licensed haulers doing business within the Borough shall make available
to their customers the service of removal of "bulky items" not less frequently
than once per year in the month of May or October.
A.
Nothing contained herein shall impair or prohibit any
recognized religious, civil, fraternal, charitable or benevolent organization,
association or society from undertaking or sponsoring voluntary programs or
projects involving the collection of recyclables from the public. Any such
collection activity can only occur prior to the recyclable materials being
placed at curbside or similar location for collection by an authorized collector.
Prior to initiating such activity the organization shall obtain authorization
from the Borough.
B.
Nothing herein shall be deemed to prohibit any person
from donating or selling any recyclables to individuals or organizations unless
or until such recyclables are placed at curbside or similar location for collection
by an authorized collector.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more than $1,000
and costs of prosecution, or, in default of payment of such fines and costs,
to undergo imprisonment of not less than 10 days nor more than 30 days; provided,
each violation of any provision of this chapter and each day the same is continued
shall be deemed a separate offense. For purposes of this section, the doing
of any act or thing prohibited by any violation of this chapter, or the failure
to do any act or thing as to which any provision of this chapter creates an
affirmative duty, shall constitute a violation of this chapter, punishable
as herein stated.
The various headings used throughout this chapter are intended only
as an aid in its organization, in order to facilitate ease of reading and
are not to be considered a substantive part of this chapter. In this chapter,
unless the context clearly indicates otherwise, the singular shall include
the plural, the plural shall include the singular; and the masculine shall
include the feminine and neuter.
