[Adopted 7-14-1987 as Ord. No. 14-1987]
[Amended 12-13-1994 by Ord. No. 11-1994; 1-11-2022 by Ord. No. 2-2022]
The following terms shall have the following
meaning in this article (Certain terms used herein are also defined
in the recitals hereto.):
The removal of waste, heavy trash, and/or electronic trash
from a property: 1) in anticipation of or following the vacancy of
a resident, business, or other person, including individuals and tenants,
or 2) as the result of a remodel or other permitted change to the
property.
Any person collecting or transporting municipal solid waste
for owners or occupants of property in the municipality, including
the municipality itself if it undertakes the collection of municipal
solid waste directly, and any business or institution within the municipality
which generates municipal solid waste and uses its own employees and
equipment for the collection and transport of the waste.
One or more contractors with whom the county or the Delaware
County Solid Waste Authority (hereinafter referred to as "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants, or other solid waste facilities.
The Pennsylvania Department Environmental Protection.
Appliances to be disposed of, including any electronic device
which has a plug, regardless of its size, shape or weight.
Large items of solid waste, including, but not limited to,
furniture, carpets, tires or other items which may require special
handling due to their size, shape or weight.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes and schools.
Any garbage, refuse, industrial lunchroom or office waste,
and other material, including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Act
and which the county, authority or contractor by its ordinance or
regulations is willing to accept at the plant, but excluding:
Any liquid waste or sludge.
All wastes which are defined by existing or future federal or
state law or regulations as hazardous waste or industrial residual
waste.
Any waste which may be marketable and which is intentionally
segregated for purposes of recycling.
Materials specifically excluded under applicable county ordinances.
The Borough of Upland.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency or any other
legal entity which is recognized by law as the subject of rights and
duties. In any provisions of this article 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.
The energy and/or material recovery facility or facilities,
transfer station or solid waste plants owned by the county or authority
or the contractor, including all associated property and equipment.
The unauthorized and uncontrolled removal of materials placed
for collection.
Any site owned and operated by the county, the Authority,
or its designated contractor for the purpose of transfer, processing
or disposal of municipal solid waste, including landfills, resource
recovery plants and transfer stations.
The containment of any waste on a temporary basis, usually
for collection in such a manner as not to constitute disposal of such
waste.
[Amended 12-13-1994 by Ord. No. 11-1994]
A.
It is hereby declared to be unlawful and a public
nuisance for any person to accumulate or permit to accumulate upon
any property in the Borough of Upland, any municipal or residual solid
waste or to dispose of same except in accordance with this article,
and other ordinances or regulations.
B.
It shall be unlawful for any person to burn or to
permit to be burned, within the Borough of Upland, any municipal or
residual solid waste except in accordance with this article, any department
rules and regulations adopted pursuant to Act 97, the Delaware County
Municipal Waste Flow Ordinance 90-4 of 1990 and regulations of the
Department of Health of the State of Pennsylvania and the County of
Delaware.
C.
It shall be unlawful for any person to dispose of
any municipal or residual solid waste in the Borough of Upland except
in accordance with this article, any department rules and regulations
adopted pursuant to Act 97, the Delaware County Municipal Waste Flow
Ordinance 90-4 of 1990 and regulations of the Department of Health
of the State of Pennsylvania and the County of Delaware.
D.
It shall be unlawful for any person to haul, transport,
collect or remove any municipal or residual solid waste or other waste
from public or private property.
E.
It shall be unlawful for any person to throw, place
or deposit or cause or permit to be thrown, placed or deposited any
municipal or residual solid waste or other wastes upon any street,
alley, sidewalk, body of water, public or private property within
the Borough of Upland except as provided in this article.
F.
It shall
be unlawful for residents and/or landlords to use the standard contracted
services for the purpose of a cleanout.
[Added 1-11-2022 by Ord. No. 2-2022]
G.
It shall
be unlawful for residents and/or landlords to dispose of electronic
trash via the standard contracted services.
[Added 1-11-2022 by Ord. No. 2-2022]
[Added 12-13-1994 by Ord. No. 11-1994]
A.
The storage of all municipal solid waste shall be
practical so as to prevent the attraction, harborage or breeding of
insects or rodents and to eliminate conditions harmful to public health
or which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal solid waste shall provide
a sufficient number of approved containers to store all waste materials
generated during periods between regulatory scheduled collections
and shall place and store all waste materials therein.
C.
Any person storing municipal solid waste for collection
shall comply with the following preparations standards:
[Amended 1-11-2022 by Ord. No. 2-2022]
(1)
All municipal solid waste shall be drained free of
liquids before being placed in storage containers.
(2)
All garbage shall be securely wrapped in paper, plastic
or similar materials or placed in properly tied plastic bags. Recyclable
waste shall be placed in the container provided by the Borough.
(3)
All cans, bottles or other food containers should
be rinsed free of food particles and drained before being placed in
storage containers.
(4)
Garden clippings and tree trimmings shall be placed
in approved containers or shall be cut and tied securely into bundles.
Bundles shall be not more than three feet in length, not more than
two feet in diameter and not more than 40 pounds in weight. No single
piece shall be more than three inches in diameter.
(5)
Newspapers and magazines shall be placed in approved
containers or shall be tied securely into bundles of not more than
40 pounds in weight.
(6)
When specified by the Borough or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
(7)
Carpets and/or carpet materials and padding shall
be hereby included in the definition of "heavy trash." These materials
shall be reduced in size or bundled in manageable sizes with no single
piece greater than 50 pounds in weight and no wider than three feet.
(8)
Reusable containers for individual residences shall
have a capacity or not less than 10 gallons nor more than 30 gallons
and loaded weight of not more than 50 pounds and shall be limited
to three such containers per residence.
(9)
Disposable plastic bags or sacks are acceptable containers,
provided that the bags are designated for waste disposal. Plastic
bags shall have sufficient wall strength to maintain physical integrity
when lifted by the top, shall be securely tied at the top for collection
and shall have a capacity of not more than 30 gallons and a loaded
weight of not more than 35 pounds.
(10)
All containers, either reusable or disposable,
shall also comply with the minimum standards established by the National
Sanitation Foundation.
D.
Any person storing municipal solid waste for collection
shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered
at all times. Solid waste shall not protrude or extend above the top
of the container.
(2)
Reusable containers shall be kept in a sanitary condition
at all times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected, as often as necessary, to prevent
the accumulation of liquid residues or solids on the bottom or sides
of the containers.
(3)
Containers shall be used and maintained so as to prevent
public nuisances.
(4)
Containers that do not conform to the standard of
this article or which have sharp edges, ragged edges or any other
defect that may hamper or injure collection personnel shall be promptly
replaced by the owner upon notice from the Borough.
(5)
Containers shall be placed by the owner or customer
at a collection point specified by the Borough.
(6)
With the exception of pickup days when containers
are placed for collection, the containers shall be properly stored
on the owner or customer premises at all times.
E.
The storage of all municipal solid waste from multifamily
residential units, commercial establishments, industrial establishments,
institutional establishments and any other waste sources is subject
to the regulations and standards set forth in this article. The type,
size and placement requirements for bulk containers shall be determined
by the waste generator and the waste hauler and are subject to approval
by the Borough.
[Amended 12-23-1994 by Ord. No. 11-1994]
A.
The municipality has been advised by the county that
the Solid Waste Plan proposes to provide for a plant or plants which
will be operated efficiently and economically by the contractor and/or
by the county and in accordance with all applicable laws and regulations,
and also that the contractor and/or the county will impose reasonable
charges, which will be uniform among all classes of users of the plant
or plants.
B.
Annual costs shall be made available by the Borough
on any competitively bid residential collection service contract that
may be awarded by the Borough.
C.
The Borough shall be responsible for the payment of
any fees for solid waste collection and disposal for residential customers
receiving standard contracted service.
D.
Licensed collectors shall be responsible for the collection
of any fees for private arrangement of private contract solid waste
collection and disposal services provided to any individual, residential,
commercial, institutional or industrial source within the Borough.
[Amended 12-13-1994 by Ord. No. 11-1994]
Except as it pertains to municipal solid waste
collected directly by the Borough of Upland, all collectors of municipal
solid waste within the Borough shall be licensed in accordance with
Section 3 of the Delaware County Municipal Waste Flow Control Ordinance,
90-4 of 1990, and shall be responsible for collecting municipal solid
waste from properties in the Borough pursuant to a contract between
them and the Borough and/or contracts between them and the owners
or occupants of properties.
All collectors shall deliver and dispose of
all municipal solid waste collected within the municipality at the
solid waste facility designated by the county subject to such reasonable
regulations for the operation thereof as may be established by the
county and/or contractor. Delivery and disposal at any other place
shall be a violation of this article and cause for revocation of the
collector's license, except in special circumstances approved in advance
by the municipality and the county and/or contractor. All collectors
shall comply in their operation with all applicable laws, ordinances
and regulations pertaining to the collection and transportation of
municipal solid waste.
No person shall use or permit to be used any
property owned or occupied by him within the municipality as a public
or private dump, transfer station or landfill for municipal solid
waste, whether generated within the municipality or elsewhere, without
the express written approval of the municipality.
[Amended 12-10-1996 by Ord. No. 9-1996]
Any person 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, plus costs of prosecution, and, in default of payment thereof,
shall be committed to the county jail for a period not exceeding 30
days; and each day's continuance of a violation of this article as
well as each truckload of illegally delivered trash shall constitute
a separate offense.
In addition to the remedies provided in § 155-14 herein, any continued violation of this article or other applicable law which shall constitute a nuisance in fact, or which in the opinion of the governing body of this municipality shall constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
[Amended 12-13-1994 by Ord. No. 11-1994]
A.
Regulation. The collection of municipal solid waste
in the Borough of Upland and the disposal thereof shall be subject
to such further reasonable rules and regulations as may from time
to time be promulgated by the Borough Council; provided, however,
that no such rules and regulations shall be contrary to the provisions
of this article, the County Solid Waste Plan or any other applicable
law.
B.
Collection.
(1)
The Borough shall provide for the collection of all
municipal solid waste and heavy trash from single-family dwelling
units as defined in the Delaware County Municipal Waste Flow Control
Ordinance, 90-4 of 1990. Municipal solid waste generated from a building
or group of buildings not meeting this definition constitute "commercial
waste" and these owners shall contract with a private collector or
collectors to provide this essential residential collection service.
The Borough reserves the right to require more frequent collection
when deemed necessary.
(2)
Residential and heavy trash collection schedules and
fees shall be published, as deemed necessary, by the Borough.
(3)
Placement of container(s) at curbside may be no earlier
than 5:00 p.m. on the day prior to the designated collection day and
must be removed from curbside to the storage place no later than 6:00
p.m. on the day of collection.
(4)
All waste collection activity shall be conducted from
Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m.,
or on Saturdays between the hours of 9:00 a.m. and 5:00 p.m., unless
prior approval or any exception has been granted by the Borough Council
or its designated representative. No collection, hauling or transporting
of municipal solid waste shall be permitted on Sunday.
(5)
All licensed haulers and haulers under contract with
the Borough shall comply with the following standards and regulations:
(a)
All municipal solid waste collected within the
Borough shall ultimately be disposed only at facilities cited in the
Delaware County Solid Waste Plan or subsequent revisions thereto.
(b)
Any trucks or other vehicles used for the collection
and transportation of municipal solid waste must comply with the requirements
of Act 97 and any department rules and regulations adopted pursuant
to Act 97 and must be licensed/stickered in accordance with Section
3 of the Delaware County Municipal Waste Flow Control Ordinance, 90-4
of 1990.
(c)
All collection vehicles conveying waste and
garbage shall be watertight and suitably enclosed to prevent leakage,
roadside littering, the attraction of vectors, the creation of odors
and other nuisances.
(d)
All solid waste shall be collected and transported
so as to prevent public health hazards, safety hazards and nuisances.
(e)
All solid waste collection vehicles shall be
operated in a clean and sanitary condition.
The municipality reserves the right to amend
this article or repeal it at any time, provided, however, that the
requirement for use of the designated solid waste facility for disposal
of municipal solid waste from the municipality shall not be amended
or repealed without the prior express written approval of the county
during the term of the contract between the county (or Authority)
and contractor providing for the construction and operation of the
plant, which contract shall have a term of 25 years. For the purposes
of securing the contractor's financing, such requirement shall be
deemed to be a contract between the county, the contractor and the
municipality, which the municipality (subject to the terms of the
Joint Cooperation Agreement set forth below) agrees to enforce so
that the municipal solid waste from the municipality will be available
to provide a source of energy for the plant. If the municipality is
not now a collector but in the future it becomes a collector it agrees
to deliver all municipal solid waste so collected to the plant.
A.
The municipality agrees to deliver or cause to be
delivered during the term of this Agreement all municipal solid waste,
as defined herein, generated within the municipality for disposal
at a facility designated by the county.
B.
The county agrees to accept for disposal all such municipal solid waste described in Subsection A above upon completion and commencement of operation of the plant in accordance with a contract, containing terms satisfactory to the county, with the contractor providing for construction and operation of the plant.
C.
The term of this Agreement shall be for a period of 25 years, and said term shall commence on the date when the county advises the municipality that the plant is operational. The municipality at its option may terminate this Agreement with 30 days' written notice to the county in the event that the municipality will incur substantial costs over and above the costs generally accepted by the other municipalities in delivering municipal solid waste to the county during the term of this Agreement, provided the municipality has first obtained final approval from the Department of Environmental Resources for their own plan under the Act, or an approval from the Department for a modification that brings the municipality under another plan that has already obtained final approval. It is understood, however, that (upon any such termination of this Agreement by the municipality) the county, the Authority, and/or the county's contractor shall be relieved of any responsibility to accept and dispose of municipal solid waste generated within the municipality. It is further understood that any such termination of this Agreement by the municipality shall constitute a repeal, whether express or implied, of § 155-19 of this article.
D.
The county shall hold harmless and defend the municipality
from any suit, claim or action challenging the legality of this article
against the municipality. In the event that any such suit, claim or
action is brought against the municipality, the municipality shall
authorize the county, through its designated legal counsel, to defend
against the same, and the municipality shall cooperate with the county
in said defense and shall give the county solicitor notice of any
such suit, claim or action within five days of the municipality's
receiving notice thereof.
A.
The Department of Environmental Protection has recommended
that the requirements of the Solid Waste Management Act can best be
accomplished on a county-wide basis.
B.
The municipality, by formal resolution dated July
14, 1987 (Resolution 26), authorized the county to prepare the Solid
Waste Management Plan on the municipality's behalf.
C.
The county, through the staff of its Public Works
Department, its Planning Commission, and Charles M. Harris and Associates,
Inc., Consulting Engineers, prepared a ten-year plan for solid waste
management.
D.
The appropriate municipal officials of this municipality
have reviewed the findings and recommendations of the plan as it affects
this municipality, have found the plan acceptable, and have recommended
that the plan be adopted.
E.
The municipality, accordingly, hereby accepts and
adopts the solid waste management study prepared by the county as
the ten-year plan for solid waste management required by the Act.
F.
The county is hereby authorized to submit the plan
to the Department of Environmental Protection for the final approval
on behalf of the municipality.
