[Adopted 12-21-1982 by Ord. No. 82-8]
This article shall be known and may be cited
as the "Municipal Refuse Collection Service Ordinance of the Borough
of Lewisburg."
[Amended 10-20-1987 by Ord. No. 833]
For the purposes of this article, the following
terms, phrases and words shall have the following meanings. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
BOROUGH
The Borough of Lewisburg, Union County, Pennsylvania.
COMMERCIAL ENTITY
All uses other than a dwelling unit, including, but not limited
to, hotels, restaurants, schools, churches, institutions, commercial
and industrial establishments, and fraternity and sorority houses.
[Added 1-17-2006 by Ord. No. 972]
DWELLING UNIT
A building or portion thereof providing one or more rooms,
designed, occupied, or intended for occupancy as separate living quarters,
with cooking, sleeping and sanitary facilities provided within the
dwelling unit for the exclusive use of the occupants maintaining a
household.
[Amended 1-17-2006 by Ord. No. 972]
FAMILY
Any individual, or two or more persons related by blood,
marriage, legal adoption, foster placement, guardianship, other domestic
bond or a community living arrangement, or a group of not more than
three persons not related by blood, marriage, legal adoption, foster
placement, guardianship, other domestic bond or community living arrangement
who live together as a single household (see "household"). A family
shall not be deemed to include occupants of a boardinghouse, rooming
or lodging house, fraternity, sorority, or hotel.
[Amended 1-17-2006 by Ord. No. 972]
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, and cooking of food.
HOUSEHOLD
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas for the preparation and serving of food within the dwelling
unit.
[Added 1-17-2006 by Ord. No. 972]
PERSONS
Any person, firm, partnership, association, corporation,
company or organization of any kind.
REFUSE
All putrescible and nonputrescible solid wastes except body
waste including garbage, rubbish, street cleanings and household furniture
and appliances.
RUBBISH
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes such as paper, cardboard, tin cans, yard
clippings, wood, ashes, glass, crockery, grass, tree trimmings, straw,
rags, bottles, shoes and other like refuse.
All refuse accumulated in the Borough shall
be collected, conveyed and disposed of by the Borough. No person shall
collect, convey over any of the streets or alleys of the Borough or
dispose of any refuse accumulated in the Borough, except as follows:
A. Construction contractors or persons may contract with
private collectors of refuse to collect, convey and dispose or refuse,
including construction material, debris and rubbish, generated by
a construction project, provided that the amount of such refuse is
determined by the Borough Manager to be beyond the scope and capacity
of the collection and disposal facilities of the Borough and that
such contractors and collectors otherwise comply with the provisions
of this article and with any other governing law or ordinances; and
B. Collectors of refuse from outside the Borough may
convey or haul such refuse over the streets of the Borough, provided
such collectors use a watertight vehicle provided with a tight cover
and such vehicle is to be operated as to prevent offensive odors escaping
therefrom and refuse from being blown, dropped or spilled, and otherwise
comply with the provisions of this article.
C. Residents may utilize the services of a commercial entity to remove certain major items, such as furniture, washer, dryer, dishwasher, refrigerator, stove, bathtub, commode, sink, furnace, etc., provided that the item to be removed is replaced by the said entity. If a major item is being discarded as a result of failure or wear and tear and is not being replaced, the Borough shall be contacted for proper removal at curb side by special arrangement as provided in §
280-5B of this article.
[Added 1-17-2006 by Ord. No. 972]
Any person aggrieved by a regulation of, fee
charged by, or decision made by the Borough Manager shall have the
right to appeal to the Lewisburg Borough Council, which shall have
the authority to confirm, modify or revoke any such regulation or
fee.
[Amended 10-20-1987 by Ord. No. 833; 12-29-1988 by Ord. No.
843; 9-15-1992 by Ord. No. 881; 1-19-1999 by Ord. No. 914]
A. Separation of refuse. Garbage and rubbish may be placed
and maintained in the same containers.
B. Preparation of refuse.
[Amended 1-17-2006 by Ord. No. 972]
(1) Garbage. All garbage shall be drained free of liquids
before being deposited in containers for collection.
(2) Rubbish. All rubbish shall be drained of liquid before
being deposited for collection.
(a)
Cans and bottles. All cans and bottles which
have contained food shall be drained, thoroughly rinsed and recycled.
(b)
Uncollectible items. The following items will
not be collected by the Borough:
[2]
Vehicle motors and parts;
[3]
Explosives, flammable liquids, and other hazardous
materials;
[4]
Bricks and concrete blocks;
[5]
Dead animals, i.e., cats, dogs, etc.;
(c)
Special arrangements. The following items will
be picked up at the curb or in the alley as the Borough Manager shall
direct only upon application to the Borough Manager and the advance
payment of a service charge therefor, the amount of which shall be
established from time to time by resolution of Borough Council:
[Amended 11-15-2011 by Ord. No. 1005]
[1] Ranges, stoves, water heaters, washing machines, dryers and dishwashers.
[2] Appliances with compression containing refrigerants, including, but
not limited to, refrigerators, freezers, air-conditioners, humidifiers
and dehumidifiers, provided that the Borough receives an executed
certification form from a licensed remover that all of the refrigerant
has been removed from the said appliance. If subsequent to the pickup
of such appliance it is determined or discovered that all of the refrigerant
has not been removed as so certified, an additional service charge
shall be assessed. Appliances with compressors containing refrigerants
from which all of the refrigerant has not been removed and for which
the Borough does not receive any certification of such removal prior
to being picked up will be picked up for an additional service charge.
[3] Bathtubs, radiators, couches, recliners/chairs, kitchen chairs, wood
and metal furniture, sofa beds, mattresses, box springs, commodes,
sinks and lavatories.
[4] Bicycles and large metal toys.
[5] Tree trimmings, hedge clippings and similar material, which shall
be cut to a length not to exceed four feet and securely tied in bundles
not more than two feet thick before being deposited for collection.
[7] Televisions, microwaves, computers and VCRs or similar devices.
[9] Pickup truck loads (garbage only).
C. Refuse containers.
(1) Duty to provide and maintain in sanitary condition.
Refuse containers shall be provided by the owner, tenant, lessee,
or occupant of the premises. Refuse containers shall be maintained
in good condition. Any container that does not conform to the provisions
of this article and that may have ragged or sharp edges or any other
defect liable to hamper or injure the person collecting the contents
thereof shall be promptly replaced upon notice. The Borough Manager
shall have the authority to refuse collection services for failure
to comply herewith.
(2) Garbage. Garbage containers shall be made of durable
rust-resistant material or plastic, equipped with suitable handles
and tight-fitting covers, and shall be watertight. All bagged garbage
must be placed inside containers. Garbage bags must have a minimum
mill of three mills or greater in bag strength.
[Amended 1-17-2006 by Ord. No. 972]
(a)
Capacity. Garbage containers shall have a capacity
of not more than 33 gallons for dwelling units. The capacity of bulk
containers furnished by the Borough for commercial entities shall
be determined at the discretion of the Borough Manager. In cases where
the location of a commercial entity prohibits the use of a bulk container,
such entity shall be billed at the appropriate bulk container rate
(two thirty-three gallon cans equate to a one cubic yard container).
(b)
Sanitation. Garbage containers shall be of a
type approved by the Borough Manager and shall be kept in a clean,
neat and sanitary condition at all times.
(3) Rubbish. Rubbish containers shall be of a kind suitable
for collection purposes, shall have a capacity of not more than 33
gallons, and shall weigh, when filled, not more than 50 pounds.
[Amended 1-17-2006 by Ord. No. 972]
D. Storing of refuse.
(1) Public places. No persons shall place any refuse in
any street, alley or other public place, or upon any private property
whether owned by such person or not, within the Borough unless it
is deposited in proper containers for collection or under express
approval granted by the Borough Manager. No person shall throw or
deposit any refuse in any stream or other body of water.
(2) Unauthorized accumulation. Any unauthorized accumulation
of refuse on any premises or the non-removal of refuse or rubbish
containers once collected is hereby declared to be a nuisance and
is prohibited. Failure to remove any existing accumulation of refuse
or the said container(s) within 48 hours of the receipt of notice
from the Borough Manager to remove such refuse or container(s) shall
be deemed to be a violation of this article.
[Amended 1-17-2006 by Ord. No. 972]
(3) Scattering of refuse. No persons shall cast, place,
sweep, or deposit anywhere within the Borough any refuse in such a
manner that it may be carried or deposited by the elements upon any
street, sidewalk, alley, sewer, parkway or other public place, or
into any occupied premises within the Borough.
(4) Street containers. No garbage shall be deposited in
street containers or receptacles which are placed for the convenience
of pedestrians.
E. Points of collection. Refuse containers shall be made
readily accessible and shall be placed for collection at ground level
on the property as the Borough Manager shall direct, but not within
the right-of-way of a street or alley, on the side of the street or
alley from which collection shall be made. Bulk containers must be
placed on pads meeting the Borough's specifications. If the property
owner fails to provide said pad within 30 days of receipt of written
notification to do so, the Borough will construct the pad and bill
the property owner the charge therefor.
[Amended 1-17-2006 by Ord. No. 972]
[Amended 2-15-1983 by Ord. No. 83-1; 12-18-1984 by Ord. No.
84-8; 12-16-1986 by Ord. No. 820; 12-29-1988 by Ord. No. 843; 3-21-1989 by Ord. No. 845; 12-18-1990 by Ord. No. 870; 1-19-1999 by Ord. No.
914; 11-19-2002 by Ord. No. 946]
A. Amount of fees. The fees for the collection and disposal
of refuse placed for collection at ground level shall be established
from time to time by resolution of Borough Council.
B. Payment of fees. All fees for the collection and disposal
of refuse shall be payable to the Borough Treasurer by the owner(s)
of the premises from which collection shall be made, notwithstanding
the use of such premises. The payment of such fees shall be mandatory.
No occupiers or lessees of such premises shall be directly responsible
for the payment of such fees. All fees and charges shall be billed
to the owner(s) on a quarterly basis.
[Amended 6-17-2014 by Ord. No. 1028]
C. Vacant dwelling units. Upon the filing by the owner
of a dwelling unit or his/her designated representative of an application
with the Borough Manager attesting to the vacancy of such dwelling
unit, refuse collection service for that dwelling unit shall be discontinued
effective the Monday of the next following week, at which time any
applicable fees then due will be billed to the owner. Refuse collection
service will thereafter be reinstated for the said dwelling unit upon
receipt of notification from the owner of the dwelling unit or his/her
designated representative that such dwelling unit is again occupied
and upon payment of a start-up fee of $50 for each dwelling unit.
All applicable fees for refuse collection service shall be prorated
based upon the date such service is reinstated. If during any period
of time when refuse collection service is discontinued for a dwelling
unit the Borough determines that such dwelling unit is not vacant,
then refuse collection service shall be immediately reinstated and
the owner shall be billed for the aforesaid start-up fee and all applicable
service fees thereafter.
D. Delinquent accounts. Any quarterly payment not made
within 30 days after the expiration of the period for which collection
has been made shall be delinquent, and a penalty of 5% shall be imposed
thereon.
E. Collection of delinquent accounts. In addition to
any other remedy provided by law or this article, the Borough shall
have the right to collect any delinquent fees or charges, including
penalties, plus interest at the rate of 10% per annum, by either a
civil action in assumpsit or the filing of a municipal claim or lien.
[Amended 7-17-1984 by Ord. No. 84-4; 10-20-1987 by Ord. No.
833]
A. Districts of collection; notice as to time of collection.
The Borough Manager shall divide the Borough into collection districts.
The residents of each district shall be notified on which day of the
week the refuse in their district will be collected. The districts
of collection and the time for collection of refuse in each district
may be changed at the discretion of the Borough Manager.
B. Hours of collection. All collections shall be made
on Monday through Friday between the hours of 6:30 a.m. and 2:00 p.m.
and on Saturday between the hours of 6:30 a.m. and 11:30 a.m.
C. Interfering with, damaging or removing containers
or receptacles. No unauthorized person shall in any manner interfere
with, damage, remove, or destroy any refuse vessels, containers, or
receptacles referred to in this article, or the contents thereof.
D. Interference with collectors. No person shall obstruct,
delay, or interfere with the refuse collectors while in the performance
of their lawful duties.
E. Illegal depositing of refuse. No unauthorized person
shall deposit any refuse in containers paid for by another person
or deposit any refuse on public and/or private property
F. Report and prosecution of violations. All violations
of this article shall be reported to the Borough Manager, who shall
investigate or cause to be investigated all such complaints and prosecute
all violators of this article.
G. Delivery of copies of regulations to owners and occupants
of premises. The Borough Manager shall cause to be printed so much
of the rules and regulations contained in this article as shall sufficiently
inform the owners and occupiers of premises of their duties in reference
to the collection and disposal of refuse, and such printed rules and
regulations shall be delivered and served upon each of the owners
and occupants of the premises from which refuse is to be collected.
H. Designation of solid waste disposal facility. The Lycoming County Landfill is hereby designated the official solid waste disposal facility of the Borough. All refuse accumulated in the Borough shall henceforth be disposed of by the Borough, or by private collectors under §
280-3A of this article, by delivering such refuse to the said facility.
[Amended 10-20-1987 by Ord. No. 833; 12-29-1988 by Ord. No.
843]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof in a
summary proceeding before a District Justice, be sentenced to pay
a fine of not more than $600, together with the costs of prosecution,
or to be imprisoned for a period not to exceed 90 days or both. Each
day that a violation of this article continues shall constitute a
separate offense.
[Amended 7-16-1991 by Ord. No. 875]
This article shall be known as the "Municipal
Waste Recycling and Waste Reduction Ordinance of the Borough of Lewisburg,"
and the same may be cited in that manner.
[Amended 10-15-1991 by Ord. No. 877]
For the purposes of this article, the following
terms, phrases and words shall have the following meanings. When not
inconsistent with the context, words used in the present tense include
the future, words in the plural number include the singular number,
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
APPLICANT
A person desiring to be authorized as a collector of source-separated
recyclable materials.
BRUSH
Vegetative material, including leaf waste, bushes and trees
or parts thereof, but excluding grass, weeds and tree trunks.
[Added 4-18-2017 by Ord.
No. 1045]
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial
purposes, excluding those multiple dwelling residential buildings,
containing three or more dwelling units.
COMMUNITY ACTIVITIES
Church, school, civic service group, municipal functions,
and all other such functions.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
GLASS CONTAINERS
Bottles and jars made of clear glass or colored glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences. It does
not include envelopes. It must be staple free.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such
as hospitals, schools, day care centers and nursing homes.
LEAD ACID BATTERIES
Include, but are not limited to, automotive, truck and industrial
batteries that contain lead.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough of Lewisburg and
other governmental and quasi-governmental authorities.
MUNICIPAL RECYCLING PROGRAM
A source separation and collection program for recycling
municipal waste or source-separated recyclable materials, or a program
for designated drop-off points or collection centers for recycling
municipal waste or source-separated recyclable materials, that is
operated by on behalf of a municipality. The term includes any source
separation and collection program for composting yard waste that is
operated by or on behalf of a municipality. The term shall not include
any program for recycling construction/demolition waste or sludge
from sewage treatment plants.
MUNICIPALITY
The Borough of Lewisburg, Union County, Pennsylvania.
NEWSPAPERS
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest.
PERSON(S)
Owners, lessees and occupants of residences; commercial or
institutional establishments; corporations; partnerships; firms; associations;
or other entities.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be regulated.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
RECYCLING COLLECTOR
A person or entity authorized to collect and haul source
separated recyclable materials from commercial, institutional and
municipal establishments and multifamily housing properties in the
Borough Lewisburg.]
RESIDENTIAL DWELLING
Occupied single or multifamily dwelling having up to and
including two dwelling units per structure for which the Borough provides
municipal waste collection service.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source separated recyclable materials
or material approved by the Borough for beneficial use.
There is hereby established a municipal recycling
program for the mandatory separation of recyclable materials from
solid waste by persons residing in single dwellings or two-family
dwellings having up to and including two dwelling units per structure.
The Borough shall be responsible for scheduling a day at least once
a month for collection of recyclable material. The authority to establish
and modify this schedule and the responsibility for communicating
it to the residents of the Borough, along with the authority to make
rules and regulations to enforce, interpret, explain and promote this
article, provided that such rules and regulations are approved by
resolution of Borough Council, shall be with the Borough Manager of
the Borough.
No person may place a used lead acid battery
in mixed municipal solid waste, discard or otherwise dispose of a
lead acid battery, except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the Commonwealth.
All persons who reside in residential dwellings
and all persons who are responsible for administration of multifamily
housing properties and commercial, municipal and institutional establishments
who gather leaves shall source separate all leaves from other waste
and place them for collection at the times and in the manner prescribed
by the Borough. Leaves are not to be incorporated into the regular
waste stream. Nothing herein shall require any person to gather leaves
or prevent any person from utilizing leaves for compost, mulch, or
other agricultural, horticultural, silvicultural, gardening or landscape
purposes.
[Amended 10-15-1991 by Ord. No. 877]
The Borough shall authorize by permit recycling
collectors to collect and market source separated recyclable materials
from multifamily dwellings and commercial, institutional and municipal
establishments within the Borough.
A. Permits shall be issued upon application to the Borough,
which shall review and approve such applications in accordance with
the following criteria:
(1) No person, other than persons duly authorized by the
Borough, shall collect, transport and/or market source separated recyclable
materials within or from the Borough;
(2) Permits may be issued to only those persons who can
provide satisfactory evidence that they are capable of providing the
necessary services and can comply with the provisions and intent of
this article and the rules and regulations established by the Borough;
and,
(3) A the time of the application's submission, the applicant
shall indicate that he/she has the appropriate type of truck with
which to collect source separated recyclable materials and shall provide
evidence that he/she carries sufficient liability insurance on the
vehicle.
B. Permits shall be issued on a fiscal year basis and
renewed annually, but may be revoked at any time by the Borough for
violation of any law, statute or ordinance or for just cause in accordance
with the rules and regulations of the Borough and/or the Department
of Environmental Resources of the Commonwealth of Pennsylvania.
C. Nothing herein shall prohibit an individual and/or
business from taking their/its source separated recyclable material
directly to a designated drop off site or to market in accordance
with this article, if the following requirements are met:
(1) The persons have otherwise provided for the recycling
of materials that they are required by this article and the regulations
promulgated hereunder to recycle; and,
(2) The persons annually, in February, provide written
documentation to the Borough of the total number of tons of materials
and type of materials recycled.
[Amended 10-15-1991 by Ord. No. 877]
A. Ownership of any recyclable materials is retained
by the owners, lessees and occupants of residences and commercial
or institutional establishments until the materials are placed at
curbside or a similar location for collection. Thereafter, once the
materials are placed at curbside or a similar location, they become
the property of the Borough or its authorized recycling collector(s),
unless deemed to be unacceptable due to their condition, packaging,
or nature or separation.
B. It shall be a violation of this article for any persons
unauthorized by the Borough to collect, pick up or cause to be picked
up, transport or bring into the Borough, or convey over any of the
streets and alleys of the Borough any such recyclable material. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided.
[Amended 4-18-2017 by Ord. No. 1045]
A. All recyclable
materials must be delivered by the authorized collector to sites for
recycling. It shall be a violation of this article for the authorized
collector of recyclable materials to deliver such materials to a landfill
or incinerator for the purpose of disposal unless the markets for
such materials no longer exist. The authorized collector will provide
to the Borough the weight receipts of the recyclable materials.
B. Brush
may be delivered to the Borough's recycling collection center to be
added to its brush pile free of charge for Borough residents, who
provide proof of their residency at the time of such delivery, and
also for contractors or nonresident Borough real property owners working
on real property located within the Borough, who provide a pre-approved
receipt issued by the Borough. Nonresidents of the Borough, who provide
a pre-approved receipt issued by the Borough, may deliver brush to
the Borough's recycling collection center subject to the pre-payment
of such fees as the Borough may establish from time to time by resolution
of the Borough Council of the Borough of Lewisburg.
[Amended 11-19-1991 by Ord. No. 878]
Nothing in this article shall prohibit the Borough
from specifically contracting with collectors of recyclable materials
to collect and haul source separated recyclable materials from commercial,
institutional and municipal establishments and residential and multifamily
dwellings within the Borough.
[Amended 11-19-1991 by Ord. No. 878]
A person may rent a container from the Borough
for the storage of recyclable materials at the rate of $7.70 per month,
which fee may be increased from time to time by resolution of the
Borough Council of the Borough of Lewisburg. The Borough shall also
charge to and and collect from any person, recycling collector, or
collector of recyclable materials such other fee or fees for the collection
of recyclable materials as the Borough may establish from time to
time by resolution of the Borough Council of the Borough of Lewisburg.
Any person who shall fail to comply with the
requirements of this article or violate the terms and provisions hereof
or the rules and regulations promulgated hereunder shall be guilty
of a summary offense and upon convection thereof in a summary proceeding
before a District Justice, be sentenced to pay a fine of not more
than $600, plus costs of prosecution, and, in default of payment of
such fine and costs, be imprisoned for a period not in excess of 90
days; provided, however, that each day's continuance of a violation
of this article shall constitute a separate offense. Responsibility
for the enforcement of this article shall be with the Borough.