[Ord. 862, 6/9/2003, § 1]
This Part shall govern and control all aspects of the collection,
storage, transportation, processing and disposal of municipal waste
and recycling in the Town of Bloomsburg. It contains regulations applicable
to haulers of municipal waste, collectors of recyclables, individuals,
commercial, municipal and institutional establishments and community
activities.
[Ord. 862, 6/9/2003, § 2]
As used in this Part, the following terms shall have the meanings
indicated:
AGENT
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefore).
AUTHORIZED COLLECTOR
A private hauler (as defined herein) or a person who, being
so authorized by the terms of this Part, removes municipal waste or
recyclables from his own premises, as owner of the building or commercial,
municipal or institutional establishment or community activity conducted
therein, or as an agent (as defined herein) of another person.
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel
and aluminum.
COLLECTOR
A general term referring to any person who collects, for
removal from premises, municipal waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation or financial or professional service or office enterprise,
business or establishment.
COMMUNITY ACTIVITY
An activity or event sponsored or organized by a public or
private nonprofit organization for recreational, educational, cultural
or civic purposes, which may be attended by members of the public,
whether or not an entrance or participation fee is charged therefore.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
CURBSIDE COLLECTION
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside (or similar
place along the public right-of-way fronting along their property),
at times designated by the Bloomsburg Town Council, for collection
and removal by an authorized collector thereof for delivery to a recycling
center.
DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of municipal waste into or on the land or water
in a manner such that the municipal waste or a constituent thereof
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
DORMITORY SOURCE of WASTE GENERATION
A structure containing one or more rooms used for living
and sleeping purposes having no kitchen or kitchenette with fixed
cooking facilities. This term does not include a hotel or motel or
similar place of transient lodging.
DWELLING UNIT
One or more rooms, including an apartment, used for living
and sleeping purposes, having a kitchen or kitchenette with fixed
cooking facilities and a bathroom with a toilet and bathtub or shower.
This term does not include a room within a dormitory, boarding house
or hotel (or similar place of transient lodging).
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All empty food and beverage jars or bottles made from silica
or sand, soda ash and limestone, the product being transparent or
translucent (either clear, green or brown); excluding, however, blue
glass, flat glass, plate glass, glass commonly known as window glass,
automotive glass and ceramic and porcelain products.
HIGH-GRADE OFFICE PAPER
Any white paper other than newsprint, magazines or other
chemically coated paper or corrugated paper, of the type commonly
used for letter-writing stationery, note paper, plain paper photocopying
machines, computer printers and other general-purpose paper, whether
or not any printed or written matter is contained thereon.
INSTITUTIONAL
Of or pertaining to any establishment engaged in service
to persons including, but not limited to, hospitals, nursing homes,
orphanages, schools, universities, churches and social or fraternal
societies and organizations.
LANDLORD
The owner of residential property, or such owner's authorized
agent.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings and similar material capable
of composting, but excluding grass clippings.
MAGAZINES
Printed matter, also known as periodicals, containing miscellaneous
written pieces published at fixed or varying intervals, printed on
glossy or chemically coated paper. Expressly excluded are newspapers
and all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTY
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
MUNICIPAL
Of or pertaining to any office or other property under the
control of any branch or arm of the Federal government of the United
States of America, the Commonwealth of Pennsylvania or any political
subdivision of the Commonwealth of Pennsylvania including, but not
limited to, the Town of Bloomsburg, any counties, cities, boroughs,
townships and municipal authorities.
MUNICIPAL WASTE
An all-encompassing, most general term meaning any garbage,
refuse, industrial lunchroom or office waste and other material, including
solid, liquid, semisolid or contained gaseous material, resulting
from operation of residential, municipal, commercial or institutional
establishments and from community activities, except farm-produced
manure, other agricultural waste and food processing waste used on
land where such materials will improve the condition of the soil,
the growth of crops or the restoration of the land for the same purposes,
and any sludge not meeting the definition of "residual or hazardous
waste" as defined in Commonwealth of Pennsylvania Solid Waste Management
Act, but excluding recyclables.
NEWSPAPER
Paper of the type commonly referred to as "newsprint" and
distributed at fixed or stated intervals, usually daily or weekly,
having printed thereon news and opinions and containing advertisements
and other matters of public interest. The term "newspaper" expressly
excludes magazines, glossy or other chemically coated paper, office
paper and any other paper products of any nature.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, Federal
government or agency, State institution or agency or any other legal
entity whatsoever which is recognized by law as the subject of rights
and duties. In any provisions of this Part 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.
PLASTIC BEVERAGE CARRIER
Plastic rings or similar plastic connectors used as holding
devices in the packaging of beverages including, but not limited to,
all carbonated beverages, liquors, wines, fruit juices, mineral waters,
soda and beer.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, the specific
types of which may, from time to time, be designated by resolution
of the Bloomsburg Town Council.
PLASTIC #1 (PET) CONTAINER
Plastic containers imprinted with the SPI code No. 1, such
as beverage bottles, dishwashing soap bottles, shampoo bottles and
similar items.
PLASTIC #2 (HDPE) CONTAINER
Plastic containers imprinted with SPI code No. 2, such as
plastic milk jugs, water bottles, detergent bottles and similar items.
Motor oil bottles are not acceptable.
PRIVATE HAULER
A person licensed by the State per the amended Title 27 (Environmental
Resources), Waste Transportation Safety Program, of the Pennsylvania
Consolidated Statutes, to collect, haul, transport and dispose of
municipal waste and/or recyclables. All such haulers shall comply
with the provisions of the aforementioned program, as well as all
Federal, State and local laws, rules and regulations.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal waste or any technology used to convert part
or all of such waste materials for offsite reuse. Processing facilities
include, but are not limited to, transfer stations, composting facilities
and resource recovery facilities.
RECYCLABLES
Materials designated as recyclable in this Part or required
by the terms of this Part (or any amendment hereto) to be kept separate
from municipal waste and recycled.
RECYCLING
The collection, separate maintenance, separation, recovery
and sale or reuse of recyclables which would otherwise be disposed
of or processed as municipal waste, or the mechanized separation and
treatment of municipal waste (other than through combustion) and creation
and recovery of reusable materials other than a fuel for the operation
of energy.
RECYCLING CENTER
A facility designed to, and which does, act as a collection
center for the processing, storage and shipment of recyclables. The
term specifically excludes transfer stations and landfills for solid
waste and composting facilities and resource recovery facilities and
specifically excludes charitable organizations that accept recyclables
for collection but do not process such recyclables.
RESIDENTIAL
Of or pertaining to any dwelling unit used as a place of
human habitation and which is not commercial, municipal, institutional
or a community activity. Home occupations incidental to a residential
use within a building are considered "residential."
RESOURCE RECOVERY FACILITY
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
offsite including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated offsite, whether or not the facility
is operated to recovery energy. The term does not include:
(2)
Methane gas extraction from a municipal waste landfill.
(3)
Any separation and collection center, drop-off point or collection
center for recycling or any source separation or collection center
for composting leaf waste.
(4)
Any facility, including all units in the facility, with a total
processing capacity of less than 50 tons per day.
RUBBISH
Leaves, branches, trees, sawdust, chips, shavings, wood,
woodenware, leather, rags, grass, straw, manure and all solid combustible
matter not included in this Section under the definition of "garbage."
STATE
The Commonwealth of Pennsylvania.
STEEL CANS
Empty food or beverage containers made of steel, tin-coated
steel or other ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such municipal waste.
It shall be presumed that the containment of any municipal waste in
excess of one year constitutes disposal. This presumption can only
be overcome by clear and convincing evidence to the contrary.
STRUCTURE
Anything constructed or erected, the use of which requires
a permanent location on the land or that is attached to something
having a permanent location of the land.
TOWN
The Town of Bloomsburg, Columbia County, Pennsylvania.
TRANSPORTATION
The offsite removal of any municipal waste at any time after
generation thereof.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed of. The term does not include source-separated recyclable
materials or material approved by the Commonwealth of Pennsylvania
Department of Environmental Protection for beneficial use.
[Ord. 862, 6/9/2003, § 3]
1. It shall be unlawful for any person to store, dump, discard or deposit,
or to permit the storage, dumping, discarding or depositing of, any
municipal waste or recyclables upon the surface of the ground or underground
within the jurisdictional limits of the Town, except in proper containers
for purposes of storage or collection, and except where the waste
or recyclables are of such size or shape as not to permit their being
placed in such containers. It shall be unlawful for any person to
dump or deposit any municipal waste or recyclables in any stream or
body of water within the jurisdictional limits of the Town.
2. Every owner of property or occupant thereof responsible for such
property's day-to-day operation or maintenance shall pick up
and discard in an appropriate receptacle any municipal waste, recyclables
or other debris deposited or accumulated on the sidewalk or gutter
area in front of or adjacent to such property. All owners or operators
of commercial, industrial, institutional and municipal establishments
in the Town's downtown business district shall take all reasonable
precautions to prevent the deposition and accumulation of debris in
front of their premises, and in furtherance of that end, may place
appropriate waste containers on the sidewalks in front of or adjacent
to their premises at a point which will not create a hazard to traffic
or pedestrians. Any such receptacles so placed shall be emptied on
a regular basis and maintained in a neat and clean appearance.
3. Nothing contained herein shall be deemed to prohibit any person from hauling municipal waste on an irregular and unscheduled basis to any facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection and listed as designated facility in the Columbia County Solid Waste Plan, provided that such hauling shall be in addition to, and not in place of, the regular removal of municipal waste as required in §
20-105, below.
4. Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operation, including composting
and spreading of manure or other farm-produced agricultural wastes.
[Ord. 862, 6/9/2003, § 4]
1. The storage of all municipal waste shall be practiced so as to prevent
the attraction, breeding or harborage of insects or rodents and to
prevent conditions which may create potential hazards to the public
health or which may create fire and other safety hazards, odors, unsightliness
or public nuisance.
2. Any person accumulating or storing municipal waste on private or
public property in the Town for any purpose whatsoever shall place
the same, or cause the same to be placed, in sanitary closed or covered
containers in accordance with the following standards:
A. Containers used for the storage of municipal waste shall be of metal,
plastic or fiberglass construction, rust and corrosion resistant,
equipped with lids and waterproof and leakproof (except that lids
shall be optional on large bulk containers commonly known as dumpsters).
B. All garbage shall be drained of excess liquids and wrapped in paper
or be placed in plastic bags before being placed in the waste storage
containers described above, and all ashes shall be free of any burning
material before being deposited for collection.
C. No person, except the occupants of the property on which a waste
container is placed, an authorized private hauler and the Town Code
Enforcement Officer shall remove the lids of the container and/or
remove the contents thereof.
D. All hazardous waste including, but not limited to, municipal waste
of a highly flammable or explosive nature or highly infectious or
contagious municipal waste, shall not be stored for ordinary collection,
but shall be specially disposed of in accordance with the directions
of the Town or of any State or Federal authority having jurisdiction
thereof.
E. Containers, other than bulk containers, shall be placed at such locations
as may be agreed upon by the person and the authorized private hauler.
F. Bulk containers (such as dumpsters) shall be placed, whenever possible,
at ground level and at a point on the property being serviced by the
collector which will enable clear and easy access to the container
by the collector's vehicle.
G. Bulk containers shall not be permitted to overflow or to have waste
strewn or left about them on the ground. A violation of this provision
shall be deemed a violation of this Part by the person on whose property
the bulk container is located, if it is located on private property.
[Ord. 862, 6/9/2003, § 5]
1. All owners of property within the Town of Bloomsburg shall provide
for the regular preparation, collection and removal of all municipal
waste generated at such properties in one of the approved manners
set forth herein.
2. If a person or establishment (being so authorized by the terms hereof) collects and removes their own municipal waste, they shall do so at intervals short enough to prevent accumulations of refuse or garbage that may be unsafe, unsightly or potentially harmful to the public health. Any municipal waste so removed shall be disposed of only in the manner required by §
20-124, below.
3. Every owner or occupant of residential property and every other person
who, or establishment which, does not collect and remove their own
municipal waste, as aforesaid, shall contract with a private hauler
for the regular, scheduled collection and removal of the municipal
waste at least once each week. Municipal waste shall be prepared for
collection and be collected and removed from such persons' or
establishments' properties at least once each week, except where
conditions beyond the control of the private hauler prevent it.
4. No person other than a private hauler shall collect or remove municipal
waste from any other person's property. All agreements for collection,
transportation and disposition of municipal waste shall be by private
contract between the owner or occupant of the property where the waste
is generated and the private hauler who is to collect such waste.
5. Private haulers shall collect municipal waste and recyclables from
properties within the Town limits only between the hours of 5:00 a.m.
and 5:00 p.m. on any given day.
6. Nothing herein shall limit the right of the Town to implement public
collection of municipal waste or residential recyclables either by
entering into contracts or by engaging in any collection practice
permitted by law.
7. Nothing in this Section shall modify the requirements in this Part
pertaining to separation and disposal of recyclables. Nothing in this
Section shall impair the ability of the Town to provide a system of
placement for removal and public collection of leaf waste, or for
Town residents to utilize such system of public collection of leaf
waste, anything herein contained to the contrary notwithstanding.
[Ord. 862, 6/9/2003, § 6]
1. Any person transporting municipal waste or recyclables within the
Town shall prevent or remedy any spillage from vehicles or containers
used in the transport of such municipal waste or recyclables.
2. All persons authorized to collect municipal waste or recyclables
shall do so in vehicles that are provided with either closed, covered
containers or which have measures taken to prevent waste from being
blown or falling from the vehicle.
3. The transfer of waste or recyclables from one collection vehicle
to another may not take place in the Town of Bloomsburg, except on
private property in those areas of the Town which are located within
the Industrial Park zoning districts. No such transfer may take place
on any public right-of-way and no such transfer operation may block
traffic, create litter or in any other manner constitute a nuisance,
create a health hazard or violate any other ordinance of the Town
or provision of statutory law.
[Ord. 862, 6/9/2003, § 7]
Any collector or other person who desires to place any large
bulk container, commonly known as a dumpster, on a street or other
public right-of-way in the Town of Bloomsburg shall, prior to such
placement, obtain from the Town of Bloomsburg Police Department a
permit authorizing such placement. One such permit shall be obtained
for each dumpster to be placed on any public street or right-of-way.
A fee shall be collected by the Town of Bloomsburg Police Department
for each such permit issued, in an amount to be established, from
time to time, by resolution of the Bloomsburg Town Council. The permits
required hereunder shall be in the form of a sticker or other device
capable of being affixed to the dumpster for which the permit is issued,
and the permit shall be so affixed to the dumpster by the permittee
in accordance with instructions of the Police Department pertaining
thereto. The permits issued pursuant to this Section shall be nontransferable
and may be used only by the permittee to whom originally issued, for
the dumpster and at the location for which originally issued.
[Ord. 862, 6/9/2003, § 8]
The Town is hereby authorized to collect municipal waste from
Town property, to provide public litter baskets on sidewalks in the
Town and to dispose of such waste in either a receptacle of a private
hauler or at designated disposal sites.
[Ord. 862, 6/9/2003, § 9; as amended by Ord. 916,
10/27/2008]
1. All owners of residential property within the Town of Bloomsburg
shall furnish to the Town, on a form to be provided therefor, the
name and address of the private hauler servicing the property in question.
2. All owners of residential property within the Town of Bloomsburg
that do not contract with a private hauler for waste removal must
provide, upon request by the Town, records of weight receipt from
a transfer station or landfill facility that waste was delivered.
3. The landlord of every multifamily housing property shall furnish such information as is required of other residential properties, plus all other information which is requested by the Town on a form to be provided therefor, in the manner required by §
20-115 below.
4. Every commercial, municipal and institutional establishment and community activity shall furnish information to the Town in the manner required by §
20-116 below.
[Ord. 862, 6/9/2003, § 10]
Leaf waste shall be kept separate from all other forms of municipal
waste and separate from recyclables and shall be disposed of in a
manner to be designated from time to time by resolution of the Bloomsburg
Town Council.