Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
Chapter 290: Solid Waste
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 189.
Littering — See Ch. 213.
Property maintenance — See Ch. 247.
[Adopted 2-21-1970 by Ord. No. 15-1970 (Ch. 135, Art. I, of the 1994 Code); amended in its entirety 5-12-2015 by Ord. No. 3-2015]

§ 290-1 Title.

This article shall be known as the "Refuse Disposal Ordinance."

§ 290-2 Definitions; word usage.

A. 
As used in this article, the following terms shall have the meanings indicated:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material.
BULKY WASTES
The normal household discarding of appliances, furniture, bedding and the like.
DISPOSAL
Includes the storage, collection, disposal or handling of refuse.
GARBAGE
All animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
PERSON
Includes any natural person, association, partnership, firm or corporation.
REFUSE
All solid wastes, except body wastes, and shall include garbage, ashes and rubbish.
RUBBISH
Any putrescible food waste resulting from the preparation or disposal of food such as animal or vegetable matter. Any nonrecyclable item such as soiled or contaminated paper or other nonrecyclable materials such as window glass, broken glass, nonrecyclable plastic items, animal waste, and any items which cannot be collected for recycling. No items which are collected by the Borough for recycling can be included as rubbish. Rubbish is often referred to as "trash", "garbage," or "refuse."
B. 
Word usage. The singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 290-3 Preparation for collection; containers; storage.

The collection of rubbish is mandatory in Old Forge Borough.
A. 
Preparation of refuse.
(1) 
All refuse shall be drained free of liquids before disposal.
(2) 
Garbage shall be wrapped in paper or similar material.
(3) 
All cans, bottles or other food containers shall be rinsed free of food particles and drained before disposal.
(4) 
Rubbish shall be placed in approved containers or cut and bailed, tied, bundled, stacked or packaged so as not to exceed 36 inches in length and 50 pounds in weight.
B. 
Refuse containers.
(1) 
The garbage receptacle shall be a container of iron, steel, or heavy-duty plastic and shall be watertight and have a tight-fitting cover that will prevent access to flies and other insects or animals. The container shall be covered at all times.
(2) 
Refuse containers for residences shall be not less than 20 gallons nor more than 35 gallons in capacity. Containers for commercial establishments shall not exceed 40 gallons in capacity.
(3) 
Refuse containers shall be kept clean by the property owner. It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary.
C. 
Storage of refuse.
(1) 
Each householder, commercial establishment or person having refuse shall provide himself or itself with approved refuse containers and shall place and keep all refuse therein, except as provided in Subsection A(1) and § 290-4B of this article relating to handling of rubbish.
(2) 
It shall be unlawful to place refuse in any street, alley, or any other public place or upon private property, whether owned or not, unless such refuse is placed in an approved container, except that rubbish may be stored as provided in Subsection A(1) and § 290-4B of this article.

§ 290-4 Collection requirements; collectors.

A. 
Place of collection.
(1) 
Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector. They shall be placed on the side of the street from which collection is to be made.
(2) 
Notwithstanding provisions of Subsection A(1) of this section, householders, commercial establishments or other persons may, by contract with collectors, be permitted to place containers at agreed places upon their premises.
(3) 
Bulky waste items shall, for purposes of collection, be placed at ground level and be made readily accessible to the collector. The items shall be placed on the side of the street from which collection is to be made.
B. 
Frequency of collection.
(1) 
Refuse shall be collected:
(a) 
Once weekly during the months of October, November, December, January, February, March and April.
(b) 
Twice weekly during the months of May, June, July, August and September.
(2) 
Hotels, restaurants, commercial, institutional and municipal establishments may be required to have more frequent collection if determined by the governing body to be essential to protect the public health.
C. 
Licensing of collectors.
(1) 
No person shall collect, remove, haul or convey any refuse through or upon any of the streets or alleys of the Borough of Old Forge or dispose of the same in any manner or place without obtaining a license from the governing body of said Borough.
(2) 
The fee for such license shall be as set from time to time by resolution of the Borough Council, and all licenses shall be issued for the calendar year or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year.
(3) 
Every person who shall apply for a license under this subsection shall state the type or types of refuse to be collected, the manner of collection and the place and method of disposal.
(4) 
No license shall be granted if the place and method of disposal shall not conform to the requirements of this article or to the ordinance of any municipal or quasi-municipal corporation wherein disposal of refuse is to be made.
(5) 
No licensed collector shall make any change in the arrangements for disposal of refuse collected by him/her without first receiving the approval of the governing body.
(6) 
It shall be unlawful to permit an unlicensed collector to collect or remove refuse from a household, institution or commercial enterprise.
D. 
Collection vehicles.
(1) 
All vehicles used for collection of garbage shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space.
(2) 
It shall be unlawful to collect, haul, transport or convey garbage in open, unenclosed vehicles.

§ 290-5 Disposal requirements.

It shall be unlawful to dump, burn, bury, destroy or otherwise dispose of any type of rubbish, waste, trash or refuse within the jurisdictional limits of the Borough of Old Forge except for the sole purpose of a food barbecue, or similar event.

§ 290-6 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Each day's continuance of a violation of this article may constitute a separate offense.
[Adopted 10-11-1988 by Ord. No. 8-1988 (Ch. 135, Art. II, of the 1994 Code); amended in its entirety 5-12-2015 by Ord. No. 3-2015]

§ 290-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL ESTABLISHMENT
A place where commodities are exchanged, bought or sold; business is transacted; products are manufactured or stored; and services are rendered to the public.
COMMUNITY ACTIVITIES
All special events, sports events, festivals, picnics or any event with 200 or more people in attendance.
INSTITUTIONAL AND MUNICIPAL ESTABLISHMENTS
All institutions, schools and municipal or government buildings located in the Borough.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MULTIFAMILY HOUSING PROPERTIES
All apartment buildings, townhouses, or other multifamily buildings.
REFUSE CONTAINER
Private receptacles designed for the collection of residential refuse not exceeding 35 gallons in volume.
RESIDENTIAL RECYCLING
Includes all items collected by the Borough curbside, including all recyclable forms of paper such as newsprint, phone books, magazines, catalogs, mixed paper, chipboard such as cereal boxes and single-layer cardboard, corrugated cardboard and any other types of paper which becomes recyclable by the Borough. Residential recycling also includes plastic bottles and containers, glass bottles and jars and containers, aluminum cans and foil containers, and steel and bimetal cans which are collected by the Borough.
RESIDENTIAL UNIT
The house, apartment or other structure in which a person or persons live.
YARD WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material including grass clippings.

§ 290-8 Residential refuse collection; stickers.

A. 
No refuse container will be picked up by the Borough of Old Forge Sanitation Department without the prominent display of a sticker supplied by the Borough.
B. 
In the event that nondisposable refuse containers are used, said stickers shall be attached to refuse itself just under the lid of said container.

§ 290-9 Commercial, institutional and municipal establishments.

A. 
Each commercial, institutional and municipal establishment located within the Borough of Old Forge shall employ or contract with its own private hauler for the removal of waste.
B. 
Each commercial, institutional and municipal establishment must report the name of the private hauler to the Borough on an annual basis prior to January 31 of each year, beginning January 31, 1989.
C. 
Each commercial, institutional and municipal establishment shall, on its own or through the employ or contract with its own private hauler, recycle corrugated cardboard; office paper; aluminum food and beverage containers; and leaf waste in accordance with the Municipal Waste Planning, Recycling and Waste Reduction Act, 1988, July 28, P.L. 556, No. 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
D. 
Each commercial establishment must report the amount of recycled material for the previous year to the Borough on an annual basis prior to January 31 of each year.

§ 290-10 Collector restrictions; frequency of collections.

[Amended 3-15-2016 by Ord. No. 2-2016]
A. 
Effective November 1, 1988, it shall be unlawful for any person to combine any newsprint or newspaper with other wastes disposed of in a refuse container. The Borough shall establish a separate pickup for newsprint and newspapers on a biweekly basis.
B. 
Effective November 1, 1988, it shall be unlawful for any person to combine any leaf waste or grass waste with other waste disposal in a refuse container. Leaf and grass waste shall be designated by a special sticker supplied at no cost by the Borough. The Borough shall establish a separate pickup for grass and leaf waste. The Borough Council shall, by resolution, have the ability to limit the free pickup of leaves and grass as circumstances dictate. All grass and leaf waste shall be placed in open containers. From early spring through autumn, the Borough shall collect leaves, grass and yard waste curbside on a weekly basis. The Borough will collect Christmas trees during the holiday season.
C. 
Effective November 1, 1988, it shall be unlawful for any person to combine any ashes or dirt with other wastes disposed of in a refuse container.
D. 
The Borough shall collect curbside on a biweekly basis pickup for other recyclable materials, which may include clear glass, colored glass, aluminum, steel and bimetallic cans, corrugated paper and plastic.

§ 290-11 Unlawful acts.

A. 
No person shall place or deposit litter or waste in public receptacles or authorized private refuse receptacles except in such a manner as to prevent it from being scattered or carried by the elements to any street, sidewalk or other public places or upon private premises.
B. 
It shall be unlawful for any person to dispose of his/her refuse in an area owned or controlled by another person without specific permission from that person.

§ 290-12 Violations and penalties.

Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, by imprisonment for not more than 30 days. Each day's continuance of a violation of this article may constitute a separate offense.