[HISTORY: Adopted by the Borough Council
of the Borough of Lake City 12-13-2010 by Ord. No. 398-10[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 54A,
Solid Waste, adopted 9-21-1992 by Ord. No. 300-92; as amended in its
entirety 1-9-2006 by Ord. No. 371-06.
The previous recitals are incorporated herein.[1]
[1]
Editor's Note: The recitals are included in the preamble to
Ord. No. 398-10, a complete copy of which is on file in the Borough
offices.
[Amended 6-10-2019 by Ord. No. 437-19]
For the purpose of this chapter the following definitions shall
apply unless the context clearly indicates a different meaning.
Shall include coal ashes, coke ashes, wood ashes and ashes
resulting from other fuels used for cooking and heating purposes.
Ashes under this chapter are municipal waste.
The place at which any business within the limits of the
Borough of Lake City is conducted by any person, as herein defined,
which in the operation of said business has or accumulates municipal
waste, garbage, ashes or rubbish, in and about its places of business,
or elsewhere. Four or more residential or family units contained within
one structure may, at the option of the owner, be deemed commercial
(commercial pickup) for the purpose of this chapter. Likewise, a mobile
home park, at the option of the owner, may be deemed a commercial
pickup.
Recyclable materials that have been mixed at the source of
generation (i.e., placed in the same container).
Any portable container used or designed for collection, transportation,
disposal or storage of solid waste or personal property.
Any portable container used or designed for collection of,
transportation of, or disposal of solid waste or the like. "Dumpster"
shall include, but is not limited to, roll-off containers, collection
bins, and tubs.
Shall be deemed to be and shall include any person or group
of persons maintaining a separate dwelling or apartment within the
limits of the Lake City Borough.
Shall consist of all vegetable and animal waste, including
offal, carcasses, fat, bone, swill and animal and vegetable matter,
or other organic substance, subject to fermentation or decay, resulting
from the storage, handling, consumption and preparation of food. It
shall not contain dishwater or other soapy water. Garbage under this
chapter is municipal waste.
Shall consist of old furniture, paper (including newspapers
and magazines tied in bundles), trunks, stoves, furnace pipe, water
boilers, broken glass, bottles, crockery, tin cans, hedge trimmings,
grass clippings, leaves, and all other rubbish which may accumulate,
but excluding broken concrete, dirt, trees and tree limbs over 2 1/2
feet in length. Household rubbish under this chapter is municipal
waste except for those items which are commingled recyclable materials
or leaf waste.
Shall include leaves, garden residues, shrubbery and tree
trimmings, and similar material, but not including grass clippings.
A commingled and collection program for recycling municipal
waste or commingled recyclable materials, or a program for designated
dropoff points or collection centers for recycling municipal waste
or commingled recyclable materials, that is operated by or on behalf
of the municipality. The term includes any commingled and collection
program for composting yard waste that is operated by or on behalf
of the municipality. The term shall not include any program for recycling
construction/demolition waste or sludge from sewage treatment plants
or water supply treatment plants. Under this chapter, the franchised
disposal service (contractor) would be designated to operate the recycling
program in lieu of Lake City Borough operating such a program.
Any 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 or hazardous
waste in the Solid Waste Management Act from a municipal, commercial
or institutional water supply treatment plant, wastewater treatment
plant or air pollution control facility. The term does not include
recyclable materials or leaf waste.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and State Public
School Building Authority), or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
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.
A portable, weather-resistant receptacle designed and used
for the storage or shipment of household goods, wares, building materials
or merchandise.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of 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.
A large metal container designed and used for the temporary
storage of refuse, rubbish, trash, garbage, junk, debris, offal, or
any material rejected as useless and fit only to be thrown away. Such
container is typically rented or leased to owners or occupants of
property for their temporary use and which is typically delivered
and removed by truck.
Shall consist of mixed and waste fragments resultant from
the use of household necessities, including but not limited to glass,
china, metal, tin, wood, leather, rubber, carpeting, pruning from
vines and shrubbery, and other foreign matter, but excepting ashes
and garbage. Rubbish under this chapter is municipal waste except
for those items, which are recyclable material or leaf waste.
Solid waste, as defined in the Act of July 7, 1980 (P.L.
380, No. 97), known as the Solid Waste Management Act.[1]
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal. This presumption can be overcome
by clear and convincing evidence to the contrary.
The off-site removal of any municipal waste at any time after
generation.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
No municipal waste, recyclable materials or leaf waste shall be allowed to accumulate on the ground nor be deposited on the highway, vacant lots, homes nor on any land publicly or privately owned, nor be thrown into any stream or body of water in The Borough of Lake City other than as permitted under this chapter, state and local laws. Any person found to be in violation of this subsection shall be subject to a fine under § 54A-16 of this chapter.
B.
There shall be no doubling up of families by which more than one family uses a common container or containers except in commercial pickups or as provided in Subsection C of this section.
C.
In an instance where a residence, apartment or any building is arranged
for occupancy by four or more persons or families living separately,
it shall be the obligation of the property owner to furnish adequate
sanitation (municipal waste pickup) service for the entire residence,
apartment or building, including providing for pickup, transportation
and disposal of municipal waste, recyclable materials and leaf waste.
The situation described in the previous sentence shall be characterized
as commercial pickup. If the option is exercised, the owner shall
have the obligation to furnish adequate sanitation service for the
entire mobile home park, including providing for pickup, transportation
and disposal of municipal waste, recyclable and leaf waste.
D.
Nothing in this chapter shall be construed to prevent or prohibit
any person engaged in the business of farming from maintaining a manure
pile on land occupied by him, so long as a nuisance does not result
therefrom.
A.
The occupants of dwelling houses, apartments and other types of dwellings,
and the owners of property of commercial establishments, shall provide
and maintain containers, as required hereinafter, for all municipal
waste accumulated on the premises thereof. Such containers shall not
exceed the capacity of 33 gallons.
B.
Municipal waste containers shall be made of nonabsorbent material,
be watertight and flytight, and be provided with handles and closely
fitted covers made of nonabsorbent material. The containers shall
be kept in repair so as to be at all times watertight.
C.
Municipal containers shall be used only for municipal waste as hereinbefore
defined. All garbage shall be carefully wrapped in paper or plastic
before being placed in the municipal waste container. No more water
shall be allowed nor permitted in garbage than naturally accumulates
from table refuse. All municipal waste cans and receptacles shall
be kept in a sanitary condition, in places accessible to the collector
and with sufficient shelter to prevent their freezing to the ground.
D.
All municipal waste shall be kept in places accessible to the collector
and in such containers to be provided by the householders so that
said materials can be readily removed by the collector. No municipal
waste, recyclable materials or leaf waste, in a container or otherwise,
shall be set out by the occupant for any reason for the purpose of
collection by a collector more than 24 hours prior to the previously
established scheduled collection time. All municipal waste, recyclable
materials and leaf waste shall be set out at curbside on the collection
day.
E.
Municipal containers must be well maintained and in good working
condition and be suitably supported at each contact point to prevent
damage to paved surfaces. Covers and lids on all municipal containers
shall be in proper working condition.
[Added 6-10-2019 by Ord.
No. 437-19]
F.
Containers must be covered when materials inside are easily airborne,
pose a hazard, emit an odor or are otherwise offensive.
[Added 6-10-2019 by Ord.
No. 437-19]
G.
Debris and property must be placed inside the container and not alongside
or on top of it. At no time shall any dumpster cause a nuisance resulting
from the overflow of the contents. All areas surrounding the municipal
container shall be kept clean and litter-free.
[Added 6-10-2019 by Ord.
No. 437-19]
H.
All municipal containers are required to be emptied when full. For
the purpose of this section, "full" is defined as when the contents
of the dumpster reach an average level of one foot below the top edge
of the dumpster sides. Any dumpster which has reached the full status
and is not emptied within seven calendar days shall be considered
in violation of this section.
[Added 6-10-2019 by Ord.
No. 437-19]
[Amended 12-14-2015 by Ord. No. 423-15]
Under this chapter and ensuing documents, such as the 2015 West
County COG prepared specifications, 2015 bid forms and the contract
pursuant thereto, the Borough of Lake City will franchise one, and
only one, person or entity to collect, transport and dispose of all
municipal waste, recyclable materials and leaf waste generated by
all Lake City Borough residential units, excluding commercial pickups.
The entity so franchised may, under the chapter, be designated as
the contract hauler or contractor. The licensing provision of this
section shall not be construed to permit persons other than the contract
hauler to collect, transport or dispose of municipal waste, recyclable
materials and leaf waste generated by residences in Lake City Borough.
Businesses and residences deemed commercial pickup may select their
own disposal service for collection, transportation and disposal of
their solid waste but shall otherwise comply with this chapter, state
and local laws.
[Amended 8-14-2015 by Ord. No. 423-15]
A.
All municipal waste, recyclable materials and leaf waste generated by all residential units in Lake City Borough other than those deemed a commercial pickup shall be collected, removed and disposed of only by the contract hauler under contract (Articles of Agreement) with the Borough, under the terms and conditions as set out in said contract, 2015 specifications, 2015 bid forms, and this chapter. It shall be a violation of this provision of this chapter for any person other than the contract hauler to collect, remove, transport or dispose of municipal waste, commingled recyclable materials or leaf waste generated by Lake City Borough residential units other than those deemed a commercial pickup. Any person found to be in violation of this subsection shall be subject to fines under § 54A-16 of this chapter.
B.
Contracts for the collection and disposal of municipal waste, recyclable
materials and leaf waste under this chapter shall from time to time
be let to the lowest responsible bidder, with or without advertising,
which contract shall contain, in addition to the requirements of this
chapter, such other provisions not in conflict herewith as may be
deemed to be advisable to incorporate therein, and it shall be executed
by the Lake City Borough Council. No contract shall be let for a period
to exceed five years.
A.
No municipal waste, recyclable materials and leaf waste shall be
collected or conveyed over the streets, alleys or thoroughfares of
this Borough by any person or persons other than the contract collector
or his duly authorized agents and employees, except any municipal
waste recyclable material or leaf waste collectors privately engaged
in the removal of municipal waste, recyclable materials and leaf waste
from premises other than residences (commercial pickup) when said
municipal waste, recyclable materials and leaf waste are not collected
by the contract collector of this Borough.
B.
Municipal waste and recyclable materials shall be collected simultaneously
on the same day by the contract collector. Said items shall be collected
from residences at curbside once each week.
C.
All municipal waste, recyclable materials and leaf waste shall be
collected from all premises between the hours of sunrise and sunset.
A.
All persons, firms or corporations collecting municipal waste, recyclable
materials and leaf waste in the Borough and transporting the same
upon the streets and alleys of the Borough shall haul the same only
in conveyances and receptacles tightly closed on the bottom and sides,
so as to prevent said municipal waste, recyclable materials and leaf
waste from spilling, dropping or falling to the streets, alleys or
highways.
B.
All conveyances hauling such municipal waste, recyclable materials
and leaf waste shall be so operated and covered so as to prevent offensive
odors escaping therefrom and to prevent municipal waste, recyclable
materials and leaf waste from being blown upon or spilled upon any
street, walk or alley of the Borough. Every conveyance shall have
plainly printed thereon the name of the contractor hauler and shall
be kept in a sanitary condition at all times.
The contractor for the collection and disposal of municipal
waste, recyclable material and leaf waste and any person contracted
to engage in such collection and disposal shall be required at the
contractor's own cost and expense to furnish, maintain and operate
all vehicles, machinery and equipment necessary for the proper performance
of the contract, except that the contractor shall not be required
to furnish receptacles or containers, which are to be provided by
occupants of premises within the Borough.
A.
The contractor for the collection and disposal of municipal waste,
recyclable materials and leaf waste, and any person contracted to
engage in the collection and disposal of municipal waste, recyclable
materials and leaf waste shall be required, at the contractor's own
cost and expense, to furnish, maintain, operate, a plant of sufficient
size and capacity to dispose of the municipal waste, recyclable materials
and leaf waste collections made by the contractor under the terms
of the contract with the Borough through the life of the contract.
The contractor shall, for the life of the contract, be obligated to
have a proper facility or facilities for the required disposal of
municipal waste, recyclable materials and leaf waste in accordance
with state and local laws, rules and regulations.
B.
All municipal waste, recyclable materials and leaf waste shall be
disposed of by the contract collector, or any licensee, or any collector,
in such manner so as not to endanger or interfere with the health
and comfort of any of the inhabitants of the Lake City Borough and
in compliance with state and local laws and regulations.
All persons residing in Lake City Borough and certain owners
(owners of residential units deemed a commercial pickup) of residential
property in Lake City Borough are encouraged to separate or be responsible
for the separation from municipal waste generated at their homes,
apartments and other residential estates those materials now or hereafter
designated by Lake City Borough as recyclable material.
A.
All adults, parents, occupants or heads of households (for convenience sometimes referred to as the "responsible parties") in each single-family residential unit, other than those qualifying as a commercial establishment under the definition of "commercial establishment" in § 54A-2 of this chapter, shall be responsible for the separation of all recyclable material designated by the Borough for recycling under § 54A-11D from all other municipal waste generated at each single-family residential unit and for the storage of said recyclable material in a single twenty-gallon container (the container to have a West County COG logo or other like markings indicating the contents of said container as recyclable materials) for a scheduled, weekly, curbside collection to be made by a contractor designated by Lake City Borough to collect and dispose of municipal waste, commingled recyclable materials and leaf waste. Those responsible parties residing in units qualifying for a commercial pickup shall still be entitled to recycle under this chapter but in containers provided by the landlord under Subsection B of this section.
B.
The owner, landlord, or agent for an owner or landlord of multifamily rental housing properties with four or more units in one structure and mobile home park operators and owners, may provide that the tenant or occupant of each unit shall be responsible for recycling under Subsection A above or the owner/operator may establish a collection system for his property and be deemed a commercial pickup. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this chapter shall not be liable for the noncompliance of occupants of their buildings although said occupants shall be responsible for depositing their municipal and recyclable material in the separate containers provided by the landlord.
C.
All commercial, municipal and institutional establishments are encouraged to recycle those materials designated by the Lake City Borough Council as recyclable materials. All commercial, municipal or institutional establishments by each owner, manager, operator or persons occupying said commercial, institutional and municipal establishments are encouraged to recycle those materials enumerated under § 54A-11D of this chapter. Said commercial, municipal or institutional establishments will be obligated to make their own contractual arrangements with a contractor engaged in solid waste processing and disposal for collections, recycling and composting. Said commercial or institutional solid waste generator shall annually provide written documentation of the total number of tons recycled.
D.
The following items (commonly referred to as "recyclable materials")
shall be recycled under this chapter, to wit:
E.
Prior to the storage for collection of the recyclable materials, the contents shall be removed from any of the containers made of the above materials and the containers rinsed clean. The materials to be recycled as enumerated above shall then be stored in the Lake City Borough twenty-gallon container or a like container until the weekly curbside pickup. While the residents are encouraged to separate recyclable materials from other municipal waste (to this extent source separated) for the purpose of a separate collection, these various kinds of recyclable materials may be commingled in the twenty-gallon container. It shall be the obligation of the contract hauler to separate each of the various recyclable materials into the various separate components enumerated in Subsection D for the purpose of sale and disposition.
F.
Initially and on a one-time basis, the twenty-gallon container for the recyclable materials will be supplied by Lake City Borough to the various single-family residential units in Lake City Borough, excluding those determined to be a commercial establishment under the definition of "commercial establishment" in § 54A-2 and this section under Subsection B. The containers so supplied shall be used solely for the storage and disposal of recyclable materials. If the container so supplied is lost, damaged or destroyed, a like or similar container shall be supplied by the householder for storage of recyclable materials prior to collection, transportation and disposal by the contract hauler. Any replacement container shall be marked in such a fashion as to identify it as a container for commingled recyclable materials.
G.
All recyclable materials (See § 54A-11D.) generated by all residential units in Lake City Borough, excluding those governed under a commercial pickup, shall be collected, removed, transported and disposed of only by the disposal service (commonly referred to herein as the "contractor") designated by Lake City Borough and as provided for under § 54A-14. Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium or place of residence generating recyclable materials within Lake City Borough (excluding those determined to be commercial pickup where the owner/operator has established an authorized collection system under Subsection B of this section) shall have their recyclable materials collected, removed, transported and disposed of only by the disposal service or Contractor designated by Lake City Borough (through bidding process referenced in § 54A-14.) at a fee to each household to be established in accordance with § 54A-15.
(1)
Nothing in this chapter shall be deemed to impair the ownership of
separated recyclable materials by the generator unless and until such
materials are placed at curbside or similar location for collection
by the contractor designated by Lake City Borough or a collector which
has been selected by a business or commercial pickup. Once municipal
waste or commingled recyclable materials are placed for collection,
they become the property of the collector and may not be taken or
removed by third parties. It shall be a violation of this chapter
for any person other than the contractor to collect or remove separated
recyclable materials or municipal waste, which has been placed for
collection.
(2)
Nothing in this section of this chapter shall be deemed to preclude
any resident or commercial, municipal or institutional establishment
from donating or selling his or its commingled recyclable materials
generated by the residence or business to any profit or nonprofit
entity; provided, however, said resident or business shall deliver
said recyclable materials to a collection point under the direct operation
and control of said profit or nonprofit entity.
H.
All responsible parties (Subsection A) shall be required to utilize the service of the contract hauler for collection, transportation and recycling of the municipal waste, recyclable materials and leaf waste generated by the responsible parties' residence and shall be obligated to pay for said services as provided in § 54A-15.
I.
If recyclable materials are collected by a collector other than the
contract hauler, owners, landlords or agents shall submit an annual
report to the Lake City Borough reporting the tonnage of materials
recycled during the previous year.
All persons residing in Lake City Borough, excluding those residing
in apartments or mobile home parks governed by Subsection B herein
where the owner is responsible for leaf waste rather than the occupant,
shall separate and keep separate from municipal waste generated at
their homes, apartments and other residential estates, all leaf waste
for the purpose of a separate collection.
A.
All adults, parents, occupants, heads or responsible parties of households in each single-family residential unit, other than those qualifying as a commercial pickup under the definition of "commercial establishment" in § 54A-2 and the previous section, Subsection B, of this chapter shall be responsible for the separation of leaf waste from other municipal waste generated at each single-family residential unit. The leaf waste shall be bagged in plastic disposable leaf bags for collection when subscribing to the contractor hauler's services.
B.
The owner, landlord or agent of an owner or landlord of multifamily
rental housing properties with four or more units in a structure and
mobile home park owners and operators shall provide for the separate
collection of leaf waste. Prior to collection, the leaf waste may
be stored in disposable leaf bags or other means satisfactory to the
hauler but in a manner where the leaf waste is collected separately
from municipal waste and recyclable materials and disposed of by the
hauler through a composting program. The owner, landlord or agent
of same of multifamily rental housing properties with four or more
units in a structure, mobile home owners and operators, as well as
business and commercial establishments shall be obligated to make
their own contractual arrangements with a contractor engaged in solid
waste processing and disposal for the proper collection, disposal
and composting of leaf waste.
C.
Leaf waste shall be collected only by a contract hauler designated by the Lake City Borough Council except when the owner, landlord or agent of an owner or landlord disposes of the leaf waste as mandated in Subsection B. Pickup or collection of leaf waste shall be weekly but be limited to a two-week period in the fall of a given year. The exact two-week period for leaf waste collection of any given year shall be as determined by the Lake City Borough Council with a recommendation of the contractor hauler. Residents will be given due notice of the two-week leaf waste pickup period, and they shall, during said two-week period, set their leaf waste at curbside in plastic bags for collection.
D.
The adults, parents, occupants, or heads of households shall be responsible
for the separation of leaf waste into plastic disposable bags, which
shall in some manner clearly identify the contents as leaf waste.
E.
The contract hauler for leaf waste shall be solely responsible for
the disposition of all Lake City Borough leaf waste for the life of
his contract with Lake City Borough. Said hauler shall provide for
composting or otherwise make arrangements for the disposition of the
leaf waste at a leaf composting facility in conformity with state
law.
F.
All commercial, municipal and institutional establishments shall
provide for the separate collection and disposal of leaf waste in
the manner where the leaf waste is collected separately from municipal
waste and recyclable materials and disposed of by a hauler through
a composting program. Prior to collection, the leaf waste may be stored
in disposable plastic bags or other means satisfactory to the hauler.
All persons (including adults, parents, occupants, heads of households or responsible parties) residing in Lake City Borough, excluding those residing in apartments or mobile home parks deemed to be a commercial establishment under the definition of "commercial establishment" in § 54A-2 where the owner has assumed responsibility for the collection, transportation and disposal of municipal waste generated by the residential units, shall separate or be responsible for the separation of municipal waste from recyclable materials and leaf waste generated by their households, apartments and other residential estates.
B.
All municipal waste generated by all residential units in Lake City Borough, excluding those governed under a commercial pickup, shall be collected, removed, transported and disposed of only by the disposal service, the contractor, designated by Lake City Borough under § 54A-14. Every resident, householder, tenant, owner, responsible party or person occupying a dwelling, apartment, condominium or place of residence generating municipal waste within Lake City Borough (excluding those determined to be a commercial pickup where the owner/operator has established an authorized collection system for municipal waste) shall have their municipal waste collected, removed, transported and disposed of only by the disposal service or contractor designated by the Borough (through bidding process referenced in § 54A-14) at a fee to each household to be established in accordance with § 54A-15.
Lake City Borough has determined to designate one entity which
shall be responsible for the collection, transportation, recycling
and composting disposal of all municipal waste, recyclable materials
and leaf waste resulting from or generated by single-family residential
units (but excluding commercial pickups) as required by state and
local law.
A.
Lake City Borough Council shall, through appropriate advertisement
and solicitation of bids, award (in conjunction with West County COG)
to a person or company (for convenience sometimes referred to as the
contractor or contract hauler) who qualifies as the lowest, responsible
bidder meeting bid specifications, to pick up, collect, transport,
haul and dispose of all municipal waste materials, to collect, transport
and recycle recyclable materials and to collect, transport and compost
leaf waste generated by each single-family residential unit (but excluding
those residential units qualifying as a commercial pickup) for which
services the contractor may bill and collect a fee.
B.
The contractor shall provide a weekly pickup of municipal waste from
all residential units exclusive of commercial pickups, and shall notify
each head of household of the time and the day of the week for the
scheduled pickup of municipal waste. This shall be unlimited pickup
as to volume or number of containers of municipal waste.
C.
The contractor shall also provide a weekly pickup for the specified
recyclable materials from all residential units and shall notify each
head of household of the time and day of the week for the scheduled
pickup of the recyclable materials. While recyclable materials may
be commingled in a twenty-gallon container prior to pick up, it shall
be the contractor's responsibility to separate each of the recyclable
materials before their ultimate sale and disposition. The pickup and
collection of municipal waste shall be separate from the pickup of
the recyclable materials; however, both pickups shall be at the same
time and day of the week for each Lake City Borough household, and
shall be unlimited pickup as to volume or number of containers as
to municipal waste, and recyclable material.
D.
The contractor shall be the only authorized person to pickup, transport
and dispose of all municipal waste, leaf waste and recyclable materials
generated by residential units in Lake City Borough, excluding the
pickup and disposal of waste from those units deemed a commercial
pickup. It shall constitute a violation of this chapter for any other
person or company to pickup, transport or dispose of municipal waste,
leaf waste or recyclable materials generated by residential units
in Lake City Borough, excluding commercial pickups.
E.
The contractor shall provide a weekly pickup and collection of leaf
waste, limited, however, to a two-week period in a given calendar
year for all residential units in Lake City Borough, excluding the
commercial pickups. The exact two-week period for the weekly pickup
and collection of leaf waste of each year shall be determined by the
Lake City Borough Council with the contract hauler's recommendation.
Each householder subscribing to the leaf waste collection service
shall be required to bag the leaf waste in disposable bags duly identified
as containing leaf waste. The contract hauler shall dispose of the
leaf waste by providing for composting. The contract hauler shall
be responsible for notifying the householders of the time and date
that each householder's leaf waste will be scheduled for the weekly
pickup.
F.
The contractor shall make available, through local stores, thirty-three-gallon
two-mil bags with four-inch ties for any residential household to
dispose of their municipal waste instead of weekly unlimited pickup.
G.
The person or entity which has, as a result of advertisement and
solicitation of bids, been awarded the exclusive and sole franchise
of right to collect, transport and dispose of municipal waste, recyclable
materials and leaf waste shall be subject to the following duties
and obligations:
(1)
The contractor shall at all times follow, comply with and abide by
the specifications, the bid form and the contract for the collection,
transportation and disposal of garbage, ashes, rubbish, household
rubbish, municipal waste, recyclable materials and leaf waste in the
Borough of Lake City, Erie County, Pennsylvania, as adopted by ordinance
of the Borough, 2010.
(2)
The contractor shall at all times follow, comply with and abide by
federal, state and local laws, ordinances, resolutions, rules and
regulations, including but not limited to the Solid Waste Management
Act,[1] the Municipal Waste Recycling and Waste Reduction Act,[2] this chapter and the bid specifications.
H.
All recyclable materials, municipal waste and leaf waste placed by
persons for collection by the contractor pursuant of the chapter shall,
from the time of placement at the curb, become the property of the
contractor. Nothing in the chapter shall be deemed to impair ownership
of materials by the generator unless and until such materials are
placed at the curbside for collection.
A.
Every resident, householder, tenant, owner, responsible party or
person occupying a dwelling, apartment, condominium, or place of residence
within the Borough of Lake City (excluding those governed by a commercial
pickup) generating municipal waste or recyclable materials, or leaf
waste shall pay or be responsible to pay to the Lake City Borough
designated contractor a fee or charge for the contractor's services
in the collection, removal, hauling and disposal of municipal waste,
recyclable materials, leaf waste generated by said household.
B.
There shall be one set fee per each household for all services in
collection, transportation and disposition of municipal waste, recyclable
materials and leaf waste for which the contractor shall provide curbside
collection of pickup, transportation and disposal of all municipal
waste, recyclable materials and leaf waste generated by each household.
This fee will likely be required to be prepaid each quarter, and it
shall be the responsibility of each resident, householder, tenant,
owner or responsible party occupying said household to pay the contractor
the fee so established under this chapter and award referenced.
(1)
The fee to charge each household for said collection and disposal
service will be established as a result of the solicitation of bids
by Lake City Borough or the West County COG and award made to the
lowest responsible bidder who meets the Borough specifications.
(2)
For any period in excess of 30 continuous days, where a party (such
as a resident, householder, tenant, owner or responsible party) has
paid or is obligated to pay for disposal services, but his household
is not or has not generated municipal waste, recyclable materials
or leaf waste for the thirty-day period, said party shall be entitled
to a pro rata refund or credit from the contractor for the period
of time for which the contractor's services were not required. In
general, it is expected that the household would not be occupied or
all of the occupants have moved to a new residence in order for a
household not to generate municipal waste, recyclable materials or
leaf waste.
(3)
It shall be the responsibility of the contractor to bill and collect
from each household for the services rendered by the contractor in
collection, transportation and disposal of municipal waste, recyclable
materials and leaf waste. In the event the contractor is not paid
the quarterly fee per household for the collection, transportation
and disposition of municipal waste, recyclable materials and leaf
waste, the contractor may proceed in a civil action against the resident,
householder, tenant, owner or responsible party occupying said household.
Under no circumstances shall Lake City Borough be responsible for
any fees for the collection, transportation or disposition of municipal
waste, recyclable materials or leaf waste other than fees owed by
Lake City Borough for disposition of waste generated by the Borough.
The contractor may not proceed against or recover from Lake City Borough
for any fees or expenses owed the contractor by third parties.
Any person, firm or corporation who shall violate any of the
provisions of this chapter shall be guilty of a summary offense and
upon conviction be sentenced to pay a fine of not less than $100,
nor more than $300, and costs of prosecution for each and every offense.
Each day that a violation is permitted to exist shall constitute a
separate offense.
