[Amended 12-5-2000 by Ord. No. 1108, approved 12-5-2000; 11-3-2009 by Ord. No.
1226, approved 11-3-2009; 8-13-2019 by Ord. No.
1353, approved 8-13-2019]
This article shall be known and referred to as the "Solid Waste
Ordinance."
A.
ACT 101
ACT 97
AGRICULTURAL WASTE
ALUMINUM
APPROVED REUSABLE CONTAINER
BIMETAL CONTAINERS
BIWEEKLY PICKUP
BOROUGH
BULK CONTAINER
CALENDAR YEAR
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
CONTAINED LIQUID, SEMI-SOLID OR GAS
CORRUGATED PAPER/CARDBOARD
DEPARTMENT
DISPOSE or DISPOSAL
DOMESTIC WASTE or HOUSEHOLD REFUSE
DWELLING UNIT
FERROUS CONTAINERS
GARBAGE
GLASS CONTAINERS
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
HIGH-GRADE OFFICE PAPER
HOMEOWNERS ASSOCIATION
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LARGE BULK ITEM
LARGE BULK ITEM TAG
LAW ENFORCEMENT
LEAD ACID BATTERIES
LEAF WASTE
MAGAZINES AND PERIODICALS
MOBILE REFUSE CART
MONROE COUNTY MUNICIPAL WASTE MANAGEMENT PLAN
MULTIFAMILY HOUSING PROPERTIES
MUNICIPAL ESTABLISHMENT
MUNICIPAL SOLID WASTE COLLECTION SERVICE
MUNICIPAL SOLID WASTE COLLECTION SERVICE USER FEE
MUNICIPALITY
NEWSPAPERS
NONRECYCLABLE MATERIAL
(1)
(2)
(3)
(4)
PERSON
PLASTIC CONTAINERS
PRIVATE COMMUNITY
PROCESSING
PUBLIC NUISANCE
(1)
(2)
(3)
RECYCLABLE MATERIALS
RECYCLING
RECYCLING COLLECTOR
RECYCLING CONTAINERS
RESIDENCES
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SHALL
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
SPECIAL DISPOSABLE BAGS
STORAGE/CONTAINMENT
TRANSFER STATION
TRANSPORTATION
YARD WASTE
The following words and phrases as used in this article shall have
the meanings ascribed herein, unless the context clearly indicates
a different meaning:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, an act of July 28, 1988, P.L. 556, No. 101, as amended at 53
P.S. § 4000.101, et seq., and applicable provisions of the
County Code, Act of August 9, 1955, P.L. 323, 16 P.S. § 101,
et seq.
The Pennsylvania Solid Waste Management Act of 1980[1] (P.L. 380, No. 97, July 7, 1980).
Poultry and livestock manure or residual materials in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided that such
waste is not hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forest
or other agricultural lands.
Empty all-aluminum beverage or food cans.
Shall be not larger than 96 gallons nor smaller than 32 gallons
and constructed of durable, watertight, rust- and corrosion-resistant
material, such as plastic, metal or fiberglass, in such a manner as
to be leakproof, insect and rodent proof, have lifting handles and
a lid. Residences required to participate in the municipal solid waste
collection service shall use an approved reusable container for storage
and collection of special disposable bags.
Empty food or beverage containers consisting of steel and
aluminum. Unlined bimetal containers are recyclable.
Curbside collection of recyclable materials once every two
weeks.
The Borough of East Stroudsburg.
Any container meeting the minimum standards established by
the National Sanitation Foundation with a capacity of over 96 gallons.
January 1 through December 31.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
All building materials, lumber, grubbing waste and rubble
resulting from construction, remodeling, repair and demolition operations
on structures and pavements.
A liquid or semi-solid or gas that is enclosed in a leakproof
container.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The Pennsylvania Department of Environmental Protection.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Waste, comprised of garbage and rubbish, which normally originates
in the residential uses and is not construction, demolition, institutional,
industrial or hazardous waste.
One or more rooms, including a kitchen (or kitchenette) and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
Empty steel or tin-coated steel food or beverage containers.
Unlined ferrous containers are recyclable.
A component of domestic waste or household refuse which is
any putrescible solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
Any person, firm, co-partnership, association or corporation
who or which has been licensed as required by law to collect, transport
and dispose of solid waste as herein prescribed.
Any hazardous substance, pollutant or contaminant as defined
in Section 101(14) and (330) of the Comprehensive Environmental Response
and Compensation and Liability Act (CERCLA), 42 U.S.C.A. Section 9601
(14) and (33) or 40 C.F.R. Part 302; any hazardous substance, hazardous
waste or solid waste, as those terms are defined in applicable state
or local law; any substances containing petroleum as that term is
defined in Section 9001(8) or 40 C.F.R. 280.1; or any other substance
for which any governmental entity requires special handling in its
collection, storage, treatment or disposal. These wastes cannot be
disposed of in the Borough's municipal solid waste collection service.
Any product which is labeled warning, caution, poisonous, toxic, flammable,
corrosive, reactive or explosive should be considered hazardous. In
addition to the aforementioned hazardous waste, shall also include
paints, stains and finishes, oil based solvents, herbicides and pesticides.
All white paper, bond paper and computer paper used in commercial,
institutional and industrial establishments and in residences.
An organization for the governance of a subdivision, planned
community or condominium or any form of other group residential ownership
which makes and enforces rules for the properties and their residents.
An HOA shall be deemed a private community as described herein. HOA
shall include property owners' associations.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment or facility engaged in service, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Large bulk items shall be one piece or section of furniture
or one appliance that will not fit into a mobile refuse cart or a
special disposable bag. Any appliances containing freon shall have
freon removed in accordance with all applicable state and federal
laws with appropriate tag attached prior to being picked up. Large
bulk items shall not include auto parts, lead acid batteries, televisions,
monitors or recyclable materials of any kind or a container of any
kind with components of solid waste inside. Size of a large bulk item
may be limited by the Borough's contracted hauler.
An identification tag purchased from the Borough allowing
for additional large bulk items to be placed out for collection, a
separate tag is required for each additional large bulk item.
Any federal, state or local agency that enforces laws, investigates
crimes and makes arrests, including but not limited to the Stroud
Area Regional Police, the Monroe County Municipal Waste Authority,
the Pennsylvania State Police, the FBI, DEA, ATF and any designated
representative of the Borough of East Stroudsburg.
Include but not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, but not including
grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Plastic mobile cart provided to residents required to participate
in the municipal solid waste collection service for the collection
and storage of domestic waste and shall be 32, 64 or 96 gallons.
The Municipal Waste Planning, Recycling and Waste Reduction
plan adopted by the County of Monroe, Pennsylvania, Ordinance #02013-03.
Any dwelling structure having more than four dwelling units
per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental entities or organizations.
Residential solid waste collection provided by the Borough
of East Stroudsburg to qualifying properties within the Borough.
The fee established in order to offset the costs of providing the municipal solid waste collection service and recycling collection and processing services to residences (as defined by Article I) in the Borough of East Stroudsburg.
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
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. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
Materials are not readily recyclable, the following are examples
of nonrecyclable materials:
Nonrecyclable paper/cardboard: wrapping paper that is laminated
or contains foreign materials such as foil-coatings or glitter, photographic
film, microwave containers, hardcover books, frozen food boxes, thermal
fax paper, carbon paper, blueprints, aluminum foil boxes, binders
and pizza boxes.
Nonrecyclable plastic consumer items: some food storage containers,
dishware, vinyl, disposable diapers, toys, Formica™, fiberglass, foam materials, and plastics attached to other materials
such as kitchenware or auto parts.
Nonrecyclable glass: noncontainer glass, plate glass, automotive
glass, light bulbs, blue glass and porcelain and ceramic products.
Other waste: ashes, soil, animal feces and carcasses, dirt,
furniture, mattresses, and insulation.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, 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 or any person legally responsible for the conduct
of that entity.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Borough may stipulate specific types
of plastic which may be recycled.
A residential area with privately owned roads, streets or
alleys that is governed by a homeowners association or other similar
cost sharing organizations for the maintenance of the privately owned
streets, roads or alleys.
Any technology used for the purpose of reducing the volume
or bulk of domestic waste or used to convert part or all of such waste
materials for off-site reuse. Processing facilities include but are
not limited to transfer facilities, composting facilities and resource-recovery
facilities.
Annoyance or discomfort to persons beyond the boundaries of
that property;
Interference with the health and/or safety of persons beyond
the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or
Disturbance to or interference with the peaceful use of the
property of others within the Borough or any case taking into consideration
the location of the use or condition and the nature and condition
of the surrounding neighborhood.
Materials generated by residences and commercial, municipal,
industrial and institutional establishments which are specified by
the Borough and can be separated from solid waste and returned to
commerce to be reused as a resource in the development of useful products.
Recyclable materials may include but are not necessarily limited to
clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, newsprint, corrugated paper, plastics, televisions,
monitors and any other items selected by the Borough or specified
in future revisions to Act 101. The recyclable materials selected
to be recycled by the Borough may be revised from time to time as
deemed necessary by the Borough. Hazardous waste when conducted in
conjunction with the Monroe County Municipal Waste Authority under
their rules and regulations.
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 solid waste or the mechanized
separation and treatment of solid waste (other than through combustion)
and creation and recovery of reusable materials.
The Twin Boroughs Recycling as authorized by Borough Ordinance
number 1102 to collect recyclable materials from residences, or other
entities authorized by commercial, industrial and institutional establishments
that do not receive collection services from the Borough to collect
recyclable materials from those properties.
Buckets or bins provided by the Borough or designated by
the Borough for the source separation of recyclable materials.
Any single- or multifamily dwelling structure having no more
than four dwelling units per structure and which are not private communities.
A component of domestic waste that is all nonputrescible
solid waste except garbage and other decomposable matter. This category
includes but is not limited to ashes, bedding, nonrecyclable cardboard,
cans, crockery, glass, paper and large bulk items and shall not include
hazardous waste.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility
or from a recycling processing facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumping from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Mandatory.
Any waste, including but not limited to municipal, residual,
institutional, industrial, yard waste or hazardous wastes, including
solid, liquid, semisolid or contained gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
Disposable bags available for purchase from the Borough for
any refuse in addition to leased mobile refuse cart. Special disposable
bags will be available for purchase Monday through Friday from 8:00
a.m. to 5:00 p.m. and the first and third Tuesday of each month from
5:30 p.m. to 7:00 p.m.
The storage/containment of all solid waste shall be practiced
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.
The containment of any waste on a temporary basis in such a manner
as not to constitute disposal of such waste. In accordance with all
applicable laws, Department rules and regulations adopted pursuant
to Act 97[2] and the Monroe County Municipal Waste Management Plan
and Act 101 and the Comprehensive Environmental Response and Compensation
and Liability Act (CERCLA).
Any supplemental transportation facility used as an adjunct
to solid waste collection vehicles.
The off-site removal of any solid waste at any time after
generation.
Noncomposted tree trimmings, branches, shrubs and grass clippings.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the municipality any solid
waste, except in accordance with all applicable laws, the provisions
of this article, all Department rules and regulations adopted pursuant
to Act 97, the Monroe County Municipal Waste Management Plan, Act
101 and the Comprehensive Environmental Response and Compensation
and Liability Act (CERCLA).
B.
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with all applicable laws, the provisions of Chapter 71 of the East Stroudsburg Code, all Department rules and regulations adopted pursuant to Act 97, the Monroe County Municipal Waste Management Plan and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
C.
It shall be unlawful for any person to dispose of any solid waste
in the municipality except in accordance with all applicable laws,
the provisions of this article, all Department rules and regulations
adopted pursuant to Act 97, the Monroe County Municipal Waste Management
Plan, Act 101 and the Comprehensive Environmental Response and Compensation
and Liability Act (CERCLA).
D.
It shall be unlawful for any person to haul, transport, collect or
remove any solid waste from public or private property within the
municipality without first securing a license as required by law in
accordance with all applicable laws, the provisions of this article,
all Department rules and regulations adopted pursuant to Act 97, the
Monroe County Municipal Waste Management Plan, Act 101 and the Comprehensive
Environmental Response and Compensation and Liability Act (CERCLA).
E.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the municipality, except for law enforcement.
F.
It shall be unlawful for any person to salvage or reclaim any solid
waste within the municipality except at an approved and permitted
resource-recovery facility under Act 97 and all Department rules and
regulations adopted pursuant to Act 97 and the Monroe County Municipal
Waste Management Plan.
G.
It shall be unlawful for any person to throw, place or deposit, or
cause or permit to be thrown, placed or deposited any solid waste
in or upon any street, alley, sidewalk, body of water or public or
private property within the municipality except as provided in this
article.
H.
It shall be unlawful for any person to bring into the municipality
or permit to be brought into the municipality for pickup/collection
and disposal any solid waste.
I.
It shall be unlawful to gift, lend, borrow or steal a mobile refuse
cart.
J.
It shall be unlawful to tamper, alter or deface the mobile refuse
cart radio frequency identification tag and/or the mobile refuse cart
identification number.
K.
It shall be unlawful to improperly dispose of hazardous waste, recyclables
and nonrecyclables.
A.
The storage and containment of all domestic waste on a temporary
basis must be conducted in such a manner as not to constitute disposal
of such waste.
B.
The storage/containment of all domestic waste shall be practiced
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.
C.
Any person owning a property that is serviced by the municipal solid
waste collection service shall provide a sufficient number of approved
mobile refuse carts to store/contain all waste materials generated
during periods between regularly scheduled collections and shall place
and store/contain all waste materials therein. The size and quantity
of the mobile refuse cart assigned to a property shall be reported
to the Borough by October 15, 2019 or one ninety-six-gallon mobile
refuse cart shall be assigned to the property.
E.
Any person generating domestic waste shall comply with the following
storage/containment standards:
(1)
All domestic waste shall be stored in a mobile refuse cart and/or
an approved reusable container and/or bulk container with the exception
of large bulk items that shall be stored/contained consistent with
definition above and below.
(2)
Approved reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, in such a manner as to be leakproof, insectproof and rodentproof
for all properties.
(3)
All approved reusable containers and bulk containers shall also comply
with the minimum standards established by the National Sanitation
Foundation.
(4)
Approved reusable containers, mobile refuse carts and bulk containers
shall be kept tightly sealed or covered at all times. Domestic waste
shall not protrude or extend above the top of the container.
(5)
Approved reusable containers, bulk containers and mobile refuse carts
shall be kept in a sanitary condition at all times. The interior of
the approved reusable containers, bulk containers and mobile refuse
carts 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 so as to prevent
a public nuisance.
(6)
With the exception of pickup days for the municipal solid waste collection
service when the mobile refuse carts, approved reusable containers
containing special disposable bags and one large bulk item are placed
out for collection, the mobile refuse carts, approved reusable containers
containing special disposable bags and one large bulk item shall be
properly stored on the owner or customer premises at all times. Mobile
refuse carts, approved reusable containers containing special disposable
bags and one large bulk item shall be stored in the side or rear yard.
Storage of mobile refuse carts, approved reusable containers containing
special disposable bags and one large bulk item in the yard abutting
a street must be screened from sight.
(7)
All mobile refuse carts, approved reusable containers containing
special disposable bags and large bulk items shall be stored in a
manner that will prevent the accumulation or collection of water,
the harborage of rodents, safety hazards, fire hazards and public
nuisances.
F.
The burning of yard waste and leaf waste shall not be permitted in
the Borough of East Stroudsburg.
G.
Tires shall be stored in accordance with the 2015 International Code Council International Fire Code, Chapter 34, Sections 3401 through 3409. (See Appendix A).[1]) Tires shall be taken to an appropriate recycling facility
and shall not be placed with domestic waste.
[1]
Editor's Note: Appendix A is included at the end of the chapter.
A.
Any person generating domestic waste that is required to participate
in the municipal solid waste collection service shall comply with
the following standards:
(1)
All domestic waste shall be drained of free uncontained liquids before
being placed in storage containers.
(2)
All recyclable materials should be rinsed free of food particles
and drained before being placed in storage containers to be recycled.
All recyclable materials shall not be placed with domestic waste.
(3)
Yard waste shall be cut and tied securely into bundles. Bundles shall
be no more than four feet in length for collection by the Borough
four times a year to be recycled. Yard waste shall not be placed with
domestic waste.
(4)
Newspapers, magazines, paper and cardboard shall be placed in approved
recycling containers or shall be tied securely into bundles to be
recycled. Newspapers, magazines, paper and cardboard shall not be
placed with domestic waste.
(5)
When specified by the municipality or its contracted service provider,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
(6)
Yard waste and leaf waste shall not be placed with domestic waste.
A.
The storage and containment of all domestic waste on a temporary
basis in such a manner as not to constitute disposal of such waste.
B.
The storage and containment of all solid waste shall be practiced
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.
C.
Any person owning a multifamily housing property, commercial, industrial
or institutional property that produces solid waste shall provide
a sufficient number of approved reusable containers or bulk containers
to store all waste materials generated during periods between regularly
scheduled collections and shall place and store/contain all waste
materials therein.
D.
Private communities currently serviced by the municipal solid waste
collection service may continue to utilize the municipal solid waste
collection service provided the following terms and conditions are
met:
(1)
The private community shall provide authorization for the Borough
or its designated contractor to enter the community and hold harmless
said entity for providing the municipal solid waste collection service.
(2)
All private communities shall have roads, streets and alleys suitable
for solid waste trucks and recycling trucks and trailers sufficient
room to turn around and service the community.
(3)
All private communities shall maintain all roads, streets and alleys
so that they are passable. Unmaintained roads, streets or alleys shall
cause the municipal solid waste collection service to cease.
E.
Private communities and multifamily housing properties actively serviced
by the municipal solid waste collection service prior to the passing
of this article may opt out or opt in to the municipal solid waste
collection service, however bulk containers shall not be provided
as part of this service. If a private community or multifamily housing
property opts out of the municipal solid waste collection service,
all the terms of this article shall be abided by. Once a private community
or multifamily housing property opts out of the municipal solid waste
collection service, it shall not be allowed to opt back in. The HOA,
POA or landlord shall make the final decision on participation. The
decision to opt in or opt out shall be provided the Borough in writing
no later than October 15, 2019.
F.
All multifamily housing properties with four or more dwelling units,
private communities opting out or not qualifying for the municipal
solid waste collection service, commercial establishments, institutional
establishments and industrial establishments shall negotiate and individually
contract collection services with any properly licensed waste hauler
of their choice.
G.
All persons not participating in the municipal solid waste collection
service shall provide proof of an annual solid waste collection service
contract by March 31 of each year. Failure to have or provide a copy
of the contract shall be a violation of this article.
H.
Multifamily housing properties, private communities, commercial,
industrial and institutional establishments when specified by the
municipality with a formal written letter, special storage/containment
procedures may be required to facilitate the collection and resource
recovery of certain waste materials.
I.
All solid waste shall be stored in approved reusable containers or
bulk containers. Approved reusable containers and bulk containers
utilized for storage/containment of solid waste shall comply with
the following standards:
(1)
Approved reusable containers and bulk containers shall be constructed
of durable, watertight, rust- and corrosion-resistant material, such
as plastic, metal or fiberglass, in such a manner as to be leakproof,
insectproof and rodentproof.
(2)
Bulk containers may be utilized for storage/containment of solid
waste for multifamily housing properties, private communities, commercial,
institutional and industrial establishments. Bulk containers shall
not be provided as part of the municipal solid waste collection service.
(3)
Approved reusable containers and bulk containers shall be kept tightly
sealed or covered at all times. Solid waste shall not protrude or
extend above the top of the container.
(4)
All approved reusable containers and bulk containers shall also comply
with the minimum standards established by the National Sanitation
Foundation.
(5)
Approved reusable containers and bulk 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 as to prevent a public nuisance.
J.
No large bulk waste items shall be stored in a manner that will allow
the accumulation or collection of water, the harborage of rodents,
safety hazards, fire hazards and public nuisances.
K.
With the exception of pickup days when the approved reusable containers
and bulk containers are placed out for collection, the approved reusable
containers and bulk containers shall be properly stored on the owner
or customer premises at all times. Approved reusable containers and
bulk containers shall be stored in the side or rear yard. Storage
of approved reusable containers and bulk containers in the yard abutting
a street must be screened from sight. Exceptions for bulk containers
may be granted if the request is submitted in writing and proof is
provided that shows screening cannot be provided. This exception will
be granted by the Borough Manager or his/her representative.
L.
Bulk containers:
(1)
The owner(s) of a multifamily housing property shall utilize a hauler
to collect solid waste from bulk containers or approved reusable containers
stored on premises.
(2)
Commercial, industrial and institutional establishments shall utilize
a hauler to collect solid waste from bulk containers or approved reusable
containers stored on premises.
(3)
The provision of any waste service may be modified by the municipality
at any time.
M.
The storage of all solid waste from multifamily housing properties,
private communities, commercial, institutional and industrial establishments
are subject to the regulations and standards set forth in this article.
The type, size and placement requirements for bulk containers shall
initially be determined by the waste generator and their hauler and
shall be approved by the municipality.
N.
The burning of leaf waste and yard waste shall not be permitted in
the Borough of East Stroudsburg.
O.
Storage of tires shall comply with the International Codes Commission, International Fire Code, Chapter 34, Sections 3401 through 3409. (See Appendix A)[1]) Tires shall be taken to an appropriate recycling facility
and shall not be placed with solid waste.
[1]
Editor's Note: Appendix A is included at the end of the chapter.
P.
Nothing herein shall exempt the proper storage/containment of hazardous
waste in accordance with federal, state, local laws and the Comprehensive
Environmental Response and Compensation and Liability Act (CERCLA).
Any person generating solid waste for collection shall comply
with the following preparation standards:
A.
All solid waste shall be drained of free uncontained liquids before
being placed in storage containers.
B.
All recyclable materials should be rinsed free of food particles
and drained before being recycled. All recyclable materials shall
not be placed with solid waste.
C.
Newspapers, magazines, paper and cardboard shall be recycled. Newspapers,
magazines, paper and cardboard shall not be placed with solid waste.
D.
When specified by the municipality special preparation procedures
may be required to facilitate the collection and resource recovery
of certain waste materials.
E.
Leaf and yard waste shall not be placed with solid waste.
A.
The municipality shall provide for the collection of all domestic
waste and one large bulk item per week from all residences required
to participate in the municipal solid waste collection service.
B.
All residences as defined in this article shall utilize the municipal
solid waste collection service provided by the municipality. However,
this service is exclusively for the use of residences located within
the municipality and private communities participating in the municipal
solid waste collection service.
C.
All solid waste shall be collected at least once a week according
to requirements of the licensed waste hauler so as not to cause any
health hazards, odors, flies, safety hazards and fire hazards, unsightly
conditions or public nuisances.
D.
All properties serviced by the municipal solid waste collection service,
one large bulk item shall be collected at least once a week according
to requirements of the licensed waste hauler so as not to cause any
health hazards, odors, flies, safety hazards and fire hazards, unsightly
conditions or public nuisances. Additional large bulk items may be
placed curbside with the purchase of a large bulk item tag, available
for purchase from the Borough Municipal Building.
E.
Municipal solid waste collection service schedules shall be published
regularly by the municipality or its contracted hauler.
F.
Any person required to participate in the municipal solid waste collection
service preparing domestic waste for collection shall ensure that
the mobile refuse carts, special disposable bags, approved reusable
containers containing special disposable bags and large bulk items
shall be placed by the owner or customer at a collection point specified
by the municipality or its designated representative. Mobile refuse
carts, special disposable bags, reusable containers containing special
disposable bags or large bulk items shall not be placed at the curbside
or side of the road before 5:00 p.m. on the day prior to the designated
collection day, and containers must be removed from curbside or side
of the road to the storage place no later than 8:00 a.m. on the day
after collection.
[Amended 4-6-2021 by Ord. No. 1377, approved 4-7-2021]
G.
All solid waste collection activity shall be conducted from Monday
through Saturday between the hours of 3:00 a.m. and 6:00 p.m., unless
prior approval of any exception has been granted by the municipality.
No collection, hauling or transporting of solid waste shall be permitted
on Sunday.
A.
All solid waste from multifamily housing properties, private communities,
commercial establishments, institutional, and industrial establishments
shall be collected at least once a week. Solid waste collection from
these sources shall be made as often as necessary to control health
hazards, odors, flies, unsightly conditions and public nuisances.
The municipality reserves the right to require more frequent collection
when deemed necessary.
B.
Any person not required to participate in the municipal solid waste
collection service preparing domestic waste for collection shall ensure
that the approved reusable containers and large bulk items be placed
by the owner or customer at a collection point specified by the person's
contracted hauler or the municipality. Reusable containers or large
bulk items shall not be placed at the curbside or side of the road
before 5:00 p.m. on the day prior to the designated collection day,
and containers must be removed from curbside or side of the road to
the storage place no later than 9:00 p.m. on the day of collection.
C.
All solid waste collection activity shall be conducted from Monday
through Saturday between the hours of 3:00 a.m. and 6:00 p.m., unless
prior approval of any exception has been granted by the municipality.
No collection, hauling or transporting of solid waste shall be permitted
on Sunday.
A.
All haulers and haulers under contract within the municipality shall
comply with the following standards and regulations:
(1)
All solid waste collected within the municipality shall be conveyed
by the hauler to a disposal site in accordance with the Monroe County
Municipal Waste Management Plan, the Department and/or other state
regulatory agency.
(2)
Any trucks or other vehicles used for the collection and transportation
of solid waste must comply with the requirements of Act 97, all Department
regulations adopted pursuant to Act 97 and the Comprehensive Environmental
Response and Compensation and Liability Act (CERCLA).
(3)
All collection vehicles conveying solid waste shall be watertight
and suitably enclosed to prevent leakage, roadside littering, attraction
of vectors, the creation of odors and public nuisances.
(4)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and public nuisances.
(5)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
(6)
All haulers shall have workers compensation and employers liability,
commercial general liability and automobile liability, including physical
damage.
(7)
All haulers shall have pollution/environmental impairment liability
coverage when applicable.
(8)
All haulers shall provide the Borough a copy of all contracts within
the municipality.
A.
In addition to and the remedies available by citation, the Borough
reserves all rights to authorize the appropriate officers or agents
of East Stroudsburg Borough to seek equitable relief, including injunction,
to enforce compliance with this chapter.
B.
Any person who shall violate or fail to comply with any of the provisions
of this article shall be guilty of a summary offense and, upon conviction
thereof, shall be punishable by a fine of not more than $1,000 or
by imprisonment for not more than 30 days, or both. Each day that
a violation continues shall constitute a separate offense.
C.
Notice and payment of violation. Upon the discovery of any violation
under the terms of this article, the municipality shall, through its
authorized agents, give notice to the owner of a violation hereunder,
either by personal delivery to such owner, by United States mail directed
to the last known address of such person or persons, as shown in Monroe
County and Borough records, or by leaving the same on the premises
where such violation occurs.
D.
If such persons shall, within seven days after the delivery, mailing
or leaving of such notice, pay to the Treasurer of the municipality
the sum of $15 for the violation, the same will constitute full satisfaction
for the violation noted in said notice. If two or more violations
are issued for the same property during a calendar year, the second
and subsequent violations' payment shall increase an additional $50
per subsequent violation to a maximum of $300. The failure of such
person to make payment, as aforesaid, within seven days, shall render
such owner subject to the penalties as provided hereinabove.
E.
Theft of a mobile refuse cart, tampering with a mobile refuse cart
radio frequency identification tag or mobile refuse cart identification
number shall be guilty of a summary offense and, upon conviction thereof,
shall be punishable by a fine of not less than $500 or more than $1,000
or by imprisonment for not more than 30 days, or both. Each time that
a violation happens shall constitute a separate offense.