[HISTORY: Adopted by the Borough Council of the Borough of
Girard 10-18-2010 by Ord. No. 711. Amendments noted where applicable.]
This chapter shall be named and referred to as the "Girard Borough
Municipal Waste and Recycling Ordinance."
The recitals above are hereby incorporated in this chapter as
though restated herein.[1]
[1]
Editor's Note: A complete copy of Ord. No. 711, including
the recitals, is on file in the Borough offices.
A.
Definitions established in the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq., shall
apply and extend to terms within this chapter by reference, unless
expressly modified in this chapter.
B.
Words not specifically defined in the Act or in this chapter shall
be given their reasonable and customary meanings.
C.
ACT
ALUMINUM, STEEL AND BIMETALLIC CANS
ASHES
BOROUGH-DESIGNATED BAGS/BAGS DESIGNATED BY BOROUGH
CLEAR AND COLORED GLASS
COMMERCIAL ESTABLISHMENT
COMMERCIAL PICKUP
CONSTRUCTION MATERIALS
DISPOSAL
DISPOSITION
FAMILY
GARBAGE
HAULER/HAULING FIRM
HOUSEHOLD RUBBISH
LEAF WASTE
LICENSED TRANSPORTER
MIXED CARDBOARD
MIXED PAPER
MUNICIPAL RECYCLING PROGRAM
MUNICIPAL WASTE
PADEP
PERSON
RECYCLABLE MATERIALS
RECYCLABLE PLASTICS
RECYCLING
RESIDENT
RESIDENTIAL RECYCLING
RESPONSIBLE PARTY
RUBBISH
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSPORTATION
For the purposes of this chapter, the following terms shall be defined
as follows:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, 53 P.S. § 4000.101 et seq., as the same may in the
future be amended.
Includes beverage cans, metal food containers and soup cans;
shall not include flatware or metal cookware.
Includes coal ashes, coke ashes, wood ashes and ashes resulting
from other fuels used for cooking and heating purposes and shall be
deemed included within the term "municipal waste."
Those bags for separation and placement for collection of
leaf waste of a type as shall be designated from time to time by Girard
Borough.
Includes glass beverage bottles, food jars and containers;
shall not include mirrors, ceramic materials, crystal, light bulbs,
glass ovenware, drinking glasses, clay pots or window glass.
The place at which any business within the boundaries of
Girard Borough is conducted by any person which, in the operation
of such business, has or accumulates municipal waste, recyclable materials
and/or leaf waste in or about its place(s) of business or elsewhere.
For purposes of this chapter, a commercial establishment shall include
any PRD, business, institutional, industrial or other use, excepting
only a residential use.
Includes all properties aside from residential properties
having four or fewer residential or family units within a single structure.
That a residential use may be deemed a commercial pickup does not
alter its use.
Includes wood, piping, metal, plastics, concrete, cement
and other man-made products used in construction which is generated
in any business or in the course of construction or renovation of
dwellings or other buildings. The exclusion of construction materials
from materials to be collected by the residential contractor shall
not extend to such materials in small quantities generated in the
ordinary course by occupants of residential dwellings.
Includes the deposition, injection, dumping, spilling, leaking
or placing of solid or municipal waste into or on the land or water
in a manner that the constituent of the waste enters the environment,
is emitted into the air or is discharged into the ground or to the
waters of the commonwealth.
A generic reference to the proper disposal of municipal waste,
recycling and marketing of recyclable materials and/or composting
of leaf waste in the manner prescribed in this chapter.
Includes any person or group of persons maintaining a separate
dwelling, apartment or other habitation unit within the limits of
the Borough of Girard.
Includes all vegetable and animal waste, including offal,
carcasses, fat, bone, swill and animal and vegetable matter or other
organic substance subject to fermentation or decay, resulting from
the storage, handling, consumption and/or preparation of food. The
term shall not be deemed to include dishwater or other soapy water.
"Garbage" shall be deemed included within the term "municipal waste."
Includes, without limitation, any person, firm, entity or
contractor engaged in the collection, transportation and/or disposition
of municipal waste, recyclable materials and/or leaf waste in Girard
Borough.
Includes old furniture, such paper as is not included in
recyclable materials, trunks, stoves, furnace pipe, water boilers,
light bulbs, crockery, nonrecyclable cans, bottles and containers,
hedge and tree trimmings, garden residues, shrubbery and similar material,
grass clippings, pipe and all other rubbish which may accumulate in
the ordinary course of use of a residential dwelling, but excluding
dirt, trees, tree limbs over four feet in length and construction
materials as defined above. The term shall not include designated
recyclable materials and is included within the term "municipal waste."
Includes only leaves, garden residue, shrubbery and tree
trimmings, and similar material, but not including grass clippings.
Includes any person, firm, entity or contractor engaged in
the collection, transportation and/or disposition of municipal waste
and/or residual waste and subject to licensure and regulation by the
Department of Environmental Protection under the Waste Transportation
Safety Act.[1]
Includes noncorrugated packaging such as cereal boxes, gift
boxes, shoe boxes, tablet backers and the like; shall not include
milk cartons, waxed paper or any material contaminated by food or
other municipal waste.
Includes white paper, envelopes and like paper material,
including junk mail, office mix and brown bags; shall not include
waxed paper or any material contaminated by food or other municipal
waste.
A source-separation and collection program for recycling
recyclable materials or a program for designated dropoff points or
collection centers for recycling municipal waste or source-separated
recyclable materials that is operated by or on behalf of a municipality.
The term shall include any source-separation and collection program
for composting leaf and yard waste. The term shall not include any
program for recycling construction or demolition waste and/or sludge
from sewage treatment plants or water supply treatment plants. Under
this chapter, the franchised residential hauling contractor would
be designated to operate a recycling program in lieu of Girard Borough
operating such program.
Includes and means any garbage, refuse, industrial lunchroom
or nonrecyclable office waste or other material, including solid,
liquid, semisolid or contained gaseous material, resulting from operation
or use of any residential dwelling or unit and/or any commercial establishment
and/or other use or activity and any sludge not meeting the definition
of "residual or hazardous waste" in the Act (35 P.S. § 6018.101
et seq.) from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. Does not include recyclable materials and leaf waste.
The Pennsylvania Department of Environmental Protection.
Includes any individual, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
federal government or agency, state government, agency or institution
(including but not limited to the Department of General Services and
State Public School Building Authority), or any other legal entity
whatsoever which is recognized by law as the subject of rights and
duties. In any provisions of this chapter prescribing a duty, prohibition,
fine or penalty, or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation or other
entity having officers, managers, partners and/or directors.
Includes clear glass and colored glass; aluminum, steel and
bimetallic cans; recyclable plastics; newspapers tied, bundled or
separated in paper or other bags authorized by the hauler; magazines
tied, bundled or separated in paper or other bags authorized by the
hauler; corrugated cardboard tied or bundled; mixed paper; and mixed
cardboard.
Includes plastic beverage bottles, ketchup bottles, milk
and juice jugs, laundry and dish soap containers and the like. The
term shall not include plastic dishware, drinking glasses or toys.
Includes the separation from municipal waste at the site
of generation, collection, recovery and sale or reuse of metals, glass,
newspapers, magazines, corrugated cardboard, mixed paper and mixed
cardboard and other materials which would otherwise be disposed of
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 as fuel for the operation of energy.
Includes every resident, owner, householder, tenant, responsible
party or person owning or occupying a dwelling, apartment, condominium,
mobile home or place of residence within Girard Borough generating
municipal waste, recyclable materials and/or leaf waste, excluding
only those persons residing in dwellings having more than four residential
units within the same structure and so deemed within the term "commercial
pickup."
Includes source separation, placement for collection, collection,
transportation, recovery and sale or reuse of recyclable materials
generated within all dwellings and residential units or uses in Girard
Borough, whether such unit is deemed included within the Borough's
contract for residential collection or is deemed a commercial pickup.
Includes all persons responsible for compliance with the
provisions of this chapter, including but not limited to provisions
regulating collection, transportation and disposition of municipal
waste, recyclable materials and leaf waste. The term shall include
residents, owners and/or landlords of multifamily rental or condominium
residential properties and their agents; mobile home owners, tenants
and/or occupants; condominium unit owners, tenants and/or occupants
of multiple-unit residential dwellings; and owners, landlords, managers,
occupants and/or tenants and their respective agents of commercial,
institutional, industrial and public properties.
Consists of mixed and waste fragments resulting from the
use of household necessities, including but not limited to nonrecyclable
glass, metal, tin and wood, china, leather, rubber, carpeting, prunings
from vines and other foreign matter, but excepting ashes and garbage;
shall be deemed included within the term "municipal waste" and shall
not include leaf waste and/or materials designated as recyclable under
this chapter.
Defined as set forth in the Act.
Materials which are separated from municipal waste at the
point of origin for the purpose of recycling; shall generally be deemed
to include recyclable materials and leaf waste.
The containment of any municipal waste on a temporary basis
in such a manner as not to constitute disposal of such waste. It shall
be presumed that the containment of any municipal waste in excess
of one year constitutes disposal; said presumption may be overcome
only by clear and convincing evidence to the contrary.
The off-site removal of any municipal waste, recyclable materials
and/or leaf waste at any time after generation.
[1]
Editor's Note: See 27 Pa.C.S.A. § 6201 et seq.
A.
General duties.
(1)
Requirements in this chapter that municipal waste, recyclable materials
and/or leaf waste be separated at the source, placed for collection,
collected, transported, that municipal waste be disposed of, recyclable
materials marketed and sold for reuse and leaf waste composted shall
apply to all properties in Girard Borough and to all owners, residents,
tenants and/or occupants of such properties and their managers or
agents and to all firms or entities, waste disposal, recycling and
composting facilities.
(a)
Owners, residents, tenants and/or occupants of residential properties
having four or fewer dwelling units within the same building shall
comply with duties imposed under this chapter by contracting with
the firm or entity under contract with Girard Borough for the collection,
transportation and proper disposition of municipal waste, recyclable
materials and leaf waste.
(b)
The owner, landlord, manager and/or agent therefor of a residential
property having more than four dwelling units within the same structure,
otherwise within the definition of a "commercial pickup," shall be
deemed responsible parties as to such properties and obligated to
make provision and contract for collection, transportation and proper
disposition of municipal waste, recyclable materials and leaf waste
generated upon and about the premises, unless they provide in proper
and written fashion that tenants and/or occupants of each unit shall
be the responsible party, in which event each such tenant and/or occupant
shall be obligated to contract for services with the firm or entity
under contract with Girard Borough for the collection, transportation
and proper disposition of municipal waste, recyclable materials and
leaf waste. Any written notice required under this subsection shall
be delivered promptly to the Borough and its contractor and shall
include the names and addresses of affected tenants/occupants and
units.
(c)
Responsible parties for properties deemed a commercial establishment
and/or commercial pickup must contract with a firm or entity for collection,
transportation and proper disposition of municipal waste, recyclable
materials and leaf waste generated at or upon said properties and
make adequate provision for proper source separation and placement
of said materials for collection.
[1]
Responsible parties of properties not served by the Borough's
residential collection contract shall, on or before January 1, 2011,
or within 30 days after occupancy of a property, whichever first occurs,
notify Girard Borough of either:
[a]
The decision by the owner and/or landlord of a residential property
having four or more dwelling units, with written agreement by the
residential contractor, that tenants or occupants thereof shall be
deemed responsible parties, any such notice to be in writing and identify
the names, service and mailing addresses of all tenants, occupants
and residential units thereby deemed responsible parties; or
[b]
The name and address of the firm with which said owner, landlord,
manager and/or agent has contracted for the collection, transportation
and proper disposition of municipal waste, recyclable materials and
leaf waste.
[2]
Any changes in determination of responsible parties for residential
properties and/or the firm(s) retained for collection, transportation
and disposition of municipal waste, recyclable materials and leaf
waste must be confirmed by written notice to Girard Borough within
30 days after such change is effective.
(2)
Reporting requirements established in this chapter shall govern and
extend to the contractor retained by the Borough for general residential
collection services and to all persons or firms contracting to provide
service to multiunit residential, commercial, industrial, institutional,
public and other properties in Girard Borough.
B.
General prohibitions.
(1)
This section shall not limit or modify provisions of this chapter
which identify and make provision for specific violations.
(2)
In addition to specific obligations imposed in this chapter, the
following acts and/or omissions are hereby declared unlawful and are
prohibited, subject to the fines and/or penalties imposed in this
chapter:
(a)
No materials shall be allowed to accumulate on the ground nor
be deposited on the streets or highways, vacant lots, homes, nor on
any land publicly or privately owned, nor be thrown into any stream
or body of water in the Borough of Girard other than as is expressly
permitted in this chapter or by state or local laws.
(b)
There shall be no doubling up of families by which more than
one residence or family uses a common container(s), except in the
case of a commercial pickup and only then by persons intended to be
included within such service.
(c)
Where a residence, apartment, condominium or other residential
building is arranged for occupancy by more than four separate dwelling
units, failure or refusal by the owner, landlord or manager of said
property or agent(s) thereof to furnish proper collection services
for municipal waste, recyclable materials and leaf waste generated
upon said property, unless said owner, landlord or manager has in
proper fashion designated tenants or occupants responsible parties
and issued notices required in this section.
(d)
Failure or refusal by the owner, landlord, manager, tenant or
occupant of a nonresidential property in the Borough or agent(s) thereof
to furnish proper collection services for municipal waste, recyclable
materials and leaf waste generated upon said property.
(e)
No person shall place recyclable materials for disposal as municipal
waste or leaf waste.
(f)
No person shall burn or cause to be burned any recyclable materials
or municipal waste.
[Amended 12-20-2010 by Ord. No. 713]
(g)
No person shall place upon any other property municipal waste,
recyclable materials or leaf waste not generated upon that property,
except for placement of recyclable materials for collection upon one's
own property and/or placement of materials at a licensed recycling
or composting facility.
(h)
No person shall collect from any property located in Girard
Borough any municipal waste or recyclable materials.
C.
Exceptions.
(1)
Nothing herein shall be construed to prohibit any person from building
or maintaining a compost pile consisting of grass clippings, leaves,
weeds, soil, hedge and/or shrubbery clippings and other organic material,
so long as a nuisance does not result from said activity.
(2)
This chapter shall not be construed to prevent or prohibit any person
from taking to a licensed recycling or composting facility recyclable
materials and/or leaf waste for which general collection is provided
for in this chapter.
A.
All municipal waste, recyclable materials and leaf waste generated
at and upon all properties located in Girard Borough shall be separated,
placed for collection, collected, transported, disposed of, marketed
for recycling and/or composted in accordance with the provisions of
this chapter.
B.
It shall be the responsibility of the resident, person and/or responsible
party upon each property in Girard Borough generating municipal waste,
recyclable materials and/or leaf waste to separate from municipal
waste recyclable materials and leaf waste as required in this chapter
and to place the same for collection by the residential contractor
retained by the Borough or, if applicable, by such firm or entity
retained to provide services to a commercial pickup property.
C.
All municipal waste, source-separated materials and leaf waste generated
by or upon all residential properties and/or units in Girard Borough
other than those designated and maintained as a commercial pickup
shall be collected, removed and disposed, marketed for recycling or
composted only by the contractor retained under the Articles of Agreement
(Borough contract), under the terms and conditions set forth in said
contract, this chapter and the contract specifications and bid blank.
(1)
It shall be a violation of this chapter for any person other than
the entity retained under the Borough contract to collect, remove,
transport or dispose of municipal waste and source-separated recyclable
materials generated by residential units in Girard Borough other than
those designated and maintained as a commercial pickup.
(2)
Contracts for the collection, removal, transportation and proper
disposition of municipal waste, source-separated recyclable materials
and/or leaf waste under this chapter shall, from time to time, be
let to the lowest responsible bidder, with or without advertising,
which contract(s) shall contain, in addition to the requirements of
this chapter, such other provisions not in conflict with this chapter
as may be deemed advisable by the Girard Borough Council to incorporate
therein, and it shall be executed by the Borough Manager. No contract
therefor shall be awarded for a period exceeding five years.
(3)
Owners of premises which constitute properties subject to the residential
collection contract and are leased to others shall, by a date established
by the Borough Manager, provide the contractor and the Borough with
written notice setting forth names and residence addresses of all
tenants and shall supplement that notice to the contractor within
10 days after termination or commencement of any lease. Failure to
do so shall render the owner the party responsible for collection,
transportation and disposition of municipal waste, recyclable materials
and leaf waste generated on the property.
A.
All persons (including adults, parents, owners, occupants, heads
of households, residents, responsible parties, operators, landlords,
tenants or agents) of all properties of any type located in Girard
Borough shall separate or be responsible for the separation of municipal
waste from recyclable materials and leaf waste generated upon or about
such property and for the proper temporary storage of such source-separated
materials until placement for collection by the Borough's residential
contractor or, as to commercial pickups, by the retained registered
hauling contractor therefor in the manner prescribed in this chapter
or by the owner of a commercial pickup property and its hauling contractor.
B.
All owners and occupants of properties of any type located in Girard
Borough shall provide and maintain containers, as required in this
chapter, for all municipal waste, recyclable materials and/or leaf
waste generated or accumulated upon such properties.
(1)
The following requirements shall apply generally to all properties
and to their owners, occupants, landlords, tenants, managers, residents
and agents:
(a)
Garbage or municipal waste containers (garbage containers) shall
be used only for garbage and municipal waste materials, as defined
in this chapter.
(b)
All garbage shall be wrapped in paper or within a plastic bag
prior to being placed in a garbage container.
(c)
No more water shall be allowed nor permitted in municipal waste
than naturally accumulates from the refuse materials.
(d)
All garbage cans and receptacles shall be kept in a sanitary
condition, in places accessible to the collector and with sufficient
shelter to prevent their freezing to the ground.
(e)
All municipal waste, recyclable materials and leaf waste shall
be kept in places accessible to the collector and in such containers
or bags to be provided by the resident, owner, landlord, tenant or
occupant of the property so that said materials may be readily and
properly removed by the collector.
(f)
All items designated in this chapter as recyclable materials
shall be separated from municipal waste and leaf waste, shall be clean
of food waste and foreign material and shall be separated for proper
collection as required in this chapter or, as to commercial pickups,
as required by the hauling contractor and responsible party.
(g)
Leaf waste shall be separated from municipal waste and recyclable
materials and shall be placed for proper collection as required in
this chapter or, as to commercial pickups, as required by the hauling
contractor and responsible party and, in all cases, shall be stored
and placed for collection in Borough-designated bags distinguishing
leaf waste from municipal waste and/or recyclable materials.
(h)
It shall be a violation of this chapter and unlawful for any
person to accumulate or store or allow accumulation or storage of
municipal waste, recyclable materials and/or leaf waste in such manner
as to give rise to a nuisance, and any such accumulation or storage
shall constitute violations of this chapter and be subject to provisions
of general municipal law pertaining to abatement of nuisances and
payment of the costs thereof.
(2)
The following requirements shall apply to all residential properties
not designated and maintained as a commercial pickup and therefore
subject to the Girard Borough residential collection contract:
(a)
Excepting only roll-off containers authorized in this section,
containers for the temporary storage of municipal waste and placement
at curbside for collection by the residential contractor shall have
a capacity not exceeding 33 gallons.
(b)
Roll-off containers (toters) of approximately ninety-gallon
capacity shall be authorized, provided that all municipal waste therein
shall be placed in secured plastic bags.
(c)
Garbage and municipal waste containers shall be made of nonabsorbent
material, be watertight and be provided with handles and closely fitting
covers made of nonabsorbent material. The owner or occupant of the
property generating such municipal waste shall be responsible to keep
such containers watertight at all times.
(d)
Regular refuse or municipal waste bags shall be of sturdy plastic
with a minimum thickness of two mills and having a maximum capacity
of 33 gallons.
(e)
Containers for the temporary storage of recyclable glass, plastics
and metal cans shall be as specified and provided by the Borough.
(f)
Recyclable materials separated at the source from municipal
waste and leaf waste shall be cleaned of and kept free from all food
and other foreign matter.
(g)
Recyclable materials shall be source-separated and placed for collection in the manner prescribed in § 354-7 of this chapter.
(h)
Leaf waste shall be separated from municipal waste and recyclable
materials and placed for collection by the residential contractor
in Borough-designated bags and placed separately from other materials.
(i)
All municipal waste, recyclable materials and/or leaf waste
shall be set out by the owner or occupant of such residential property
at curbside on the established and scheduled day for collection thereof
by the residential contractor.
(j)
No municipal waste, recyclable materials and/or leaf waste shall
be set out by the owner or occupant of such residential property for
any reason or for the purpose of collection more than 24 hours prior
to the previously established and scheduled time for collection thereof
by the contractor.
A.
The following materials are declared to be recyclable materials to
be separated from municipal waste and leaf waste at the source of
generation, placed for collection, collected, transported and placed
or marketed for recycling and reuse:
B.
All persons shall be obligated to separate or be responsible for
the separation from municipal waste and leaf waste generated at all
properties located in Girard Borough those materials now or hereafter
designated by the Girard Borough Council as recyclable materials and
to place the same for collection, recycling and marketing for reuse
as specified in this chapter.
C.
Prior to storage of recyclable materials for collection, the contents
thereof shall be removed from any containers made of recyclable materials
and the containers rinsed clean by the owner or occupant of the property
generating such materials.
D.
Where required under this chapter and/or the Borough contract for
residential collection services or, as to commercial pickups, by the
owner of and/or hauling contractor for such property, recyclable materials
shall be separated from one another at the source and placed for collection
in such separate fashion and shall not be commingled with different
types of materials.
E.
All recyclable materials placed for collection and recycling shall
be free of foreign matter which itself is not recyclable material
or an inherent part of the recyclable material.
F.
All owners, landlords, occupants, tenants, managers, the agents thereof
and responsible parties for properties located in Girard Borough which
are not included within the Borough's residential collection
contract shall be responsible for contracting with a registered firm
or entity for the collection, transportation, recycling and marketing
of recyclable materials.
G.
This chapter shall not be construed to preclude the owner or occupant
of any property from donating or selling his, her, their or its source-separated
recyclable materials generated upon or about such property to any
profit or nonprofit entity; provided, however, that such person shall
deliver said source-separated recyclable materials to a collection
point under the direct operation or control of said entity.
H.
This chapter shall not be construed to impair ownership of separated
recyclable materials by the generator unless and until such materials
are placed for collection by the residential or commercial pickup
hauling contractor.
I.
Owners, occupants, residents and other persons generating recyclable
materials within residential properties in Girard Borough subject
to the Borough's residential collection contract shall comply
with the following requirements:
(1)
Recyclable clear and colored glass, plastics and aluminum, steel
and bimetallic cans shall be stored and placed for collection in plastic
containers supplied by Girard Borough or in a like container clearly
identified as containing such recyclable materials.
(2)
Newspapers and newsprint shall be tied, bundled or placed in paper
bags separate from all other materials and placed in such manner for
collection.
(3)
Magazines shall be tied, bundled or placed in paper bags separate
from all other materials and placed in such manner for collection.
(4)
Corrugated cardboard shall be flattened, tied and bundled separate
from all other materials and placed in such manner for collection.
(5)
Mixed paper and mixed cardboard shall be placed in clear plastic
tied bags separate from all other materials and placed in such manner
for collection.
J.
Owners, landlords, managers, occupants, tenants and other persons
within properties in Girard Borough which are designated and/or maintained
as a commercial pickup shall comply with the following requirements:
(1)
The owner, landlord, manager and/or agent thereof shall be responsible
for establishing a system of source separation and collection by occupants
of the property of recyclable materials designated in this chapter
and their placement for collection and proper removal, transportation
and marketing for recycling by the contracted hauler for the premises.
(2)
Such source-separation and collection system must include the following:
(a)
Provision for separation and collection of all designated recyclable
materials established in this chapter or otherwise by the Borough
Council;
(b)
Provision of suitable containers for collecting and sorting
materials;
(c)
Easily accessible locations for the containers; and
(d)
Written instructions to all occupants of the premises concerning
designation of recyclable materials, their proper separation at the
source of generation and the proper use and availability of the collection
system.
K.
All owners of properties deemed a commercial pickup and firms or
entities collecting and transporting recyclable materials from said
properties shall be obligated to submit in a timely fashion all reports
to Girard Borough pertaining to recycling matters as are required
in this chapter.
L.
For purposes of this chapter, the Borough's residential recycling
program shall include not only recycling of recyclable materials generated
upon residential dwellings served by the contractor retained by Girard
Borough, but also those generated upon all residential properties
of any type or nature. Owners of and firms or entities serving all
residential properties shall submit to the Borough all reports and
records required as to residential recycling under this chapter or
other applicable law.
A.
All owners, occupants, landlords, tenants, managers and agents of
properties located in Girard Borough shall separate from municipal
waste and recyclable materials leaf waste generated at or upon the
said properties for purposes of a separate collection and composting
thereof.
B.
Owners, occupants, residents and other persons generating leaf waste
within residential properties in Girard Borough subject to the Borough's
residential collection contract shall comply with the following requirements:
(1)
All leaf waste shall be accumulated and stored prior to placement
for collection by the residential contractor in tied Borough-designated
bags and shall be free of all other materials.
(2)
Such leaf waste in tied Borough-designated bags shall be placed at
curbside for collection by the residential contractor not more than
24 hours prior to the scheduled time for collection thereof.
C.
Owners, landlords and managers of properties designated and/or maintained
as a commercial pickup shall be responsible to contract with a registered
hauler for collection, transportation and proper composting of leaf
waste generated upon each such property and for establishing procedures
for the proper source separation, temporary storage and placement
of leaf waste by tenants and all other occupants of the premises for
collection by the firm or entity retained to provide such service.
(1)
Such source-separation and collection system must include the following:
(a)
Assumption by the owner, landlord and/or manager of responsibility
for collection, storage and proper disposition for composting of leaf
waste generated upon the property if such leaf waste is accumulated
and collected within the owner's or landlord's obligations;
or
(b)
Written instructions to tenants and other occupants of the premises
should they be obligated to accumulate and dispose of leaf waste,
which instructions shall, at a minimum, set forth the requirements
for source separation and collection of leaf waste and identify easily
accessible locations for storage and/or placement of such materials
and the dates or times of their scheduled collection.
(2)
Bags or other containers utilized for storage and collection of leaf
waste shall be as established by the owner or other responsible party
and the retained hauling contractor and shall be detailed within instructions
given to occupants and/or tenants of the premises.
(3)
The owner and/or retained registered hauling contractor shall retain
and produce to the Borough upon its request all records required by
this chapter regarding collection and composting of leaf waste.
A.
All persons, firms or corporations collecting municipal waste, recyclable
materials and/or leaf waste in Girard Borough and transporting the
same upon the streets of the Borough shall collect and transport such
materials only in conveyances and receptacles tightly closed on the
bottom and sides, so as to prevent such materials from spilling, dropping
or falling to the streets, alleys or highways.
B.
All vehicles and conveyances transporting municipal waste, recyclable
materials and/or leaf waste shall be so operated and covered as to
prevent offensive odors from escaping therefrom and to prevent said
materials from being blown or spilled upon any street, sidewalk, alley
or property of the Borough.
C.
Every vehicle or conveyance shall have plainly printed thereon the
name of the registrant issued therefor and shall be kept in a sanitary
condition at all times.
D.
All municipal waste, recyclable materials and/or leaf waste shall
be collected from properties in the Borough only between the hours
of 6:00 a.m. and 8:00 p.m.
E.
Municipal waste and recyclable materials generated and placed by
owners and occupants for collection from residential premises subject
to the Borough's residential contract shall be collected simultaneously
by the residential contractor once per each calendar week.
F.
Leaf waste generated upon and placed for collection at residential
properties in Girard Borough subject to the Borough's residential
collection contract shall be placed by owners and occupants for collection
and collected and transported by the residential contractor to a composting
facility in accordance with the residential contractor's contract
with Girard Borough on a weekly basis during a six-week period in
the spring and fall of each calendar year as shall be determined by
the Girard Borough Council with a recommendation of the residential
contractor. Residents shall be given due notice of the six-week leaf
waste collection period, and owners and occupants of residences served
under the Borough's residential contract shall, during said six-week
period, set their leaf waste at curbside on the day established in
each week for collection of municipal waste and recyclable materials.
G.
Leaf waste generated upon properties in Girard Borough designated
and maintained as a commercial pickup shall be collected by the firm
or entity retained by the owner or responsible party for said property
in accordance with the schedule established by the owner and hauler,
such schedule to assure full and proper collection and disposal at
a licensed composting facility of all such leaf waste.
H.
All materials, source-separated recyclable materials and leaf waste
shall be disposed of by the residential contractor, any registrant
or any other collector in such manner as not to endanger or interfere
with the health, safety and comfort of any of the inhabitants of Girard
Borough and in compliance with all federal, state and local laws,
ordinances, regulations and rules.
I.
The residential contractor retained by Girard Borough and all registered
hauling entities or firms for collection, transportation and proper
disposition of municipal waste, recyclable materials and/or leaf waste
shall be required, at such person's, firm's or corporation's
expense, to furnish, maintain and operate all vehicles, machinery
and equipment necessary for the proper performance of the Borough's
residential contract and all contracts for services to properties
deemed a commercial pickup, except that such person, firm or corporation
shall not be required to furnish receptacles or containers, receptacles
or containers to be provided by owners and occupants of properties
served by the residential contract or by owners, landlords, managers
or their agents of commercial pickup properties.
J.
No municipal waste, source-separated recyclable materials and/or
leaf waste shall be collected from residential properties in Girard
Borough having four or fewer units within the same dwelling, nor transported
over the streets and thoroughfares of the Borough by any person(s)
other than the residential contractor retained by the Borough for
provision of such residential services, subject only to the following
exceptions:
(1)
This subsection shall not prohibit transportation on state highways
or Borough collector streets of such materials collected from properties
in other municipalities.
(2)
This subsection shall not prohibit collection and transportation
of such materials from properties in Girard Borough not included within
the residential collection contract (i.e., commercial pickups) if
collected and transported by a duly registered person, firm or corporation
under contract or agreement to provide such services.
K.
The ultimate disposal facility or facilities utilized for the disposal
of municipal waste generated and collected from all properties located
in Girard Borough must be included in the Erie County Act 101 Municipal
Solid Waste Plan and must have a reservation of waste disposal capacity
agreement with Erie County during the effective term of Girard Borough's
contract with the residential contractor and the registration term
of any registrant.
L.
All recyclable materials collected from properties located in Girard
Borough shall be transported by the residential contractor or registrant
and directed only to a materials recycling facility for processing,
marketing and reuse as mandated in the Act and this chapter. Such
facility must possess and maintain such license(s) as are required
under federal, state and/or local laws and regulations.
M.
As the Act requires that Girard Borough retain responsibility for
its recycling program, the residential contractor shall, upon the
contractor's bid, identify the facilities to be used for disposal
or disposition of municipal waste, recyclable materials and leaf waste.
(1)
Girard Borough shall be a party in interest as to all contracts between
the residential contractor or registrants and facilities utilized
for disposition of municipal waste, separation and marketing of recyclable
materials and composting of leaf waste and shall be entitled to written
notice in the event of termination of such contracts and to reports
of tonnages and types of materials disposed by the contractor and/or
registrants with each such facility.
(2)
In the event the residential contractor or a registrant should, during
the term of the contract or registration, enter into contracts with
facilities other than those designated in the contractor's bid
or registrant's applications for registration, the contractor
or registrant shall assure that Girard Borough is a party in interest
as to such new contract(s) and shall further, within 10 days after
entering into such new contract(s), notify Girard Borough in writing
of the name, mailing address and telephone number of the new facility
and the substance of the new contract's provisions.
(3)
As the residential contractor and all registrants are obligated to
assure the proper separation, disposition and marketing for reuse
of recyclable items, mere disposition of such items at a third party's
facility shall not, alone, satisfy such contractor's or registrants'
duties, the contractor and registrants remaining obligated to assure
the proper processing and marketing of such materials by the facility
at which said materials have been disposed.
N.
Once municipal waste, recyclable materials and/or leaf waste are
placed at a property in Girard Borough for collection, they shall
become the property of the collector and shall not be taken or removed
by third parties. It shall be a violation of this chapter, subject
to penalties prescribed herein, for any person other than the residential
contractor or registered hauling contractor, as applicable, to remove
municipal waste, recyclable materials and/or leaf waste which has
been placed as designated for collection.
A.
Girard Borough, by its Borough Council, shall designate one entity
which shall be responsible for the collection, transportation, disposal,
recycling and/or composting of all municipal waste, recyclable materials
and leaf waste resulting from or generated by all single-family residential
units located in Girard Borough, exclusive of those meeting the definition
of a "commercial pickup" under this chapter, as required by state
and local laws and regulations.
B.
The Girard Borough Council shall, through appropriate advertisement and solicitation of bids, award to a person or entity (residential contractor) who qualifies as the lowest financially responsible bidder meeting all specifications and demonstrating its capability of performing the contract a contract for a term not to exceed five years to collect, transport and haul municipal waste, recyclable materials and leaf waste generated upon all such residential properties and dispose municipal waste, market recyclable materials for recycling and reuse and deposit leaf waste for composting at the Borough's composting facility, for which services the contractor may bill and collect a fee from residential customers as authorized in § 354-11.
C.
The residential contractor shall provide a weekly pickup or collection
of municipal waste and recyclable materials from all residential units
in Girard Borough, exclusive of commercial pickups, and shall notify
each head of household of the day of the week for the scheduled collection
of municipal waste and recyclable materials. This collection shall,
at the election of the resident, be either:
D.
The collection of recyclable materials shall be separate from collection
of municipal waste, but both shall be collected at the same time and
on the same day of each week for each residential household.
(1)
It shall be unlawful for the residential contractor to commingle
municipal waste and recyclable materials.
(2)
This subsection shall not preclude the residential contractor from
utilizing combination, one-pass vehicles for collection of municipal
waste and recyclable materials so long as each is collected and maintained
for transportation and disposition in separate compartments without
commingling.
E.
While recyclable glass, plastics and cans and mixed paper and cardboard,
respectively, may be commingled for collection, it shall be the responsibility
of the residential contractor to separate or ensure proper separation
of each of the recyclable materials prior to their ultimate disposition
and marketing for reuse.
F.
Leaf waste shall be collected weekly from each residential household
customer, but shall be limited to a six-week period in the spring
and/or autumn of each calendar year of the residential contract. The
precise six-week period for leaf waste collection in any given year
shall be as determined by the Borough Council after discussion with
the residential contractor.
(1)
The all-inclusive and per-bag service options shall each include
unlimited leaf waste collection service during such designated six-week
period.
(2)
Residents shall be given due notice by the Borough and the residential
contractor of the six-week leaf waste collection period, and residential
customers shall, during said designated periods, set out their leaf
waste generated upon such properties at curbside in tied clear plastic
bags for collection.
(3)
Leaf waste shall be collected by the residential contractor from
each customer's property on the same day as the customer's
scheduled collection of municipal waste and recyclable materials,
but shall be collected separately from municipal waste and recyclable
materials.
(a)
It shall be unlawful for the residential contractor to commingle
leaf waste with municipal waste and/or recyclable materials in collection,
transportation or disposition.
(b)
All leaf waste collected by the residential contractor shall
be directed for disposition only to a licensed composting facility.
(4)
The residential contractor shall be solely responsible for the proper
collection, transportation and disposition for composting of leaf
waste for the life of its contract with Girard Borough and shall provide
for composting itself or at a licensed composting facility in conformity
with applicable state and local law, regulations and the contract.
G.
It shall be unlawful and constitute a violation of this chapter for
any person or entity other than the residential contractor to collect,
pick up, transport or dispose of municipal waste, recyclable materials
and/or leaf waste generated at or upon residential properties located
in Girard Borough, excluding only those defined herein and maintained
as a commercial pickup.
H.
Every resident, owner, occupant or responsible party for a residential
dwelling not deemed a commercial pickup shall have their municipal
waste, recyclable materials and leaf waste collected, removed, transported
and disposed of only by the residential contractor under contract
with Girard Borough and shall pay to the residential contractor such
fee as is established under such contract for the service method elected
by the resident, plus such fees as are assessed for additional services
requested.
I.
The residential contractor shall, at its expense, provide in quarterly
billings to residential customers and/or through publications in newspapers
of general circulation in Girard Borough, as designated by the Girard
Borough Council, the specifications and contract notices to residents
concerning scheduled leaf waste collection periods and educational
information on recyclable materials and their proper recycling.
J.
It shall be a violation of this chapter and unlawful, subject to
fines and penalties prescribed in this chapter, for any person to
place at his or her residence curbside for collection by the residential
contractor municipal waste and/or leaf waste not generated upon such
property in ordinary residential use thereof.
(1)
Municipal waste and/or leaf waste generated upon another property
shall not be deemed included within the all-inclusive residential
service intended under this chapter and the contract awarded by the
Girard Borough Council.
(2)
Construction materials and other municipal waste and/or leaf waste
generated by or arising from a person's business enterprise shall
be disposed of or composted, as applicable, by the person generating
the same in accordance with the requirements of this chapter applicable
to persons and properties deemed a commercial pickup.
K.
Construction materials in
substantial quantity generated at or upon a residential property otherwise
subject to the residential contract through construction or renovation
or the improvement(s) on the property shall be disposed of by the
construction contractor, owner or occupant through separate arrangement
or contract with a registered hauling contractor, at the expense of
the contractor, owner or occupant, and shall not be deemed within
the all-inclusive residential service contract. This subsection shall
not be deemed to exclude the following from all-inclusive residential
service collection:
(1)
Wood and related products generated in ordinary residential use,
so long as nails and protruding objects are removed or rendered safe
for collection;
(2)
Replaced guttering and fence boards and the like, so long as they
are rendered safe for collection, not longer than six feet and, in
any substantial quantities, tied or bundled;
L.
The Borough and the residential contractor shall cooperate in disseminating
to the public information regarding the contract, services, service
options, obligations of residents and the contractor and definition
and proper preparation of recyclable materials to encourage the effective
reuse of such resources.
M.
The residential contractor shall not be obligated to register with
the Borough by virtue of the contract, but shall obtain such registration(s)
for other collection services provided by it to properties deemed
a commercial pickup.
N.
The residential contractor shall be subject to the following duties
and obligations throughout the term of any contract with the Borough:
(1)
The contractor shall at all times follow, comply with and abide by
the then-applicable contract(s) specifications and bid blank for collection,
transportation, and proper disposition of municipal waste, recyclable
materials and leaf waste.
(2)
The contractor shall at all times follow, comply with and abide by
federal, state and local laws, ordinances, rules, regulations and
resolutions, including but not limited to the Solid Waste Management
Act,[1] the Municipal Waste Planning, Recycling and Waste Reduction
Act,[2] the Erie County Solid Waste Plan, the Waste Transportation
Safety Act[3] and this chapter, as may in the future be amended.
(3)
The contractor shall submit to Girard Borough in full and in a timely
fashion and in the manner or format specified in the contract all
reports, notices and documents required under applicable law, this
chapter and/or said contract and shall retain all records as required
under said contract.
(4)
The contractor shall be required at its or his own cost and expense
to furnish, maintain, operate or have access to a municipal waste
disposal facility of sufficient size and capacity to dispose of the
municipal waste collections made by the contractor under the terms
of the residential contract, through the term of such contract. Lack
of capacity at a disposal facility shall not excuse the contractor's
performance under the contract.
(5)
The contractor throughout the term of the contract shall be required
at its or his own cost and expense to furnish, maintain, operate or
have access to proper and licensed facilities for the separation and
marketing for reuse of recyclable materials and shall contract with
a licensed composting facility in conformity with applicable state
and local law, regulations and the contract for composting of leaf
waste collected by the contractor under the terms of the residential
contract. Lack of capacity at any facility shall not excuse the contractor's
performance under the contract.
(6)
Labor disputes or work stoppages at or affecting the residential
contractor and/or facilities utilized for disposal of municipal waste,
marketing of recyclable materials and/or composting of leaf waste
shall not excuse the contractor's performance under the residential
contract.
(7)
The contractor shall empty all Borough-owned street and park refuse
cans once each week at no cost to the Borough. The contractor shall
also provide three roll-off toters to the Girard Borough office, as
well as a dumpster each for the Girard Borough Public Works Garage,
municipal pool and Dobler Hose Fire Department, at no cost to the
Borough. These containers shall be emptied weekly by the contractor.
A.
Every resident owning, occupying or using a residential dwelling
in Girard Borough, excluding only those defined and maintained as
a commercial pickup, may contract only with the Borough's designated
residential contractor for the collection, removal, hauling, transportation
and proper disposition of municipal waste, recyclable materials and
leaf waste generated upon or within the said dwelling. Every resident
contracting for service with the residential contractor shall be obligated
to pay to such contractor the fee(s) assessed for the service option
elected by such resident and for all special or additional services
requested.
B.
The residential contractor shall offer all persons and properties subject to residential collection under the contract the two alternative methods of service set forth in § 354-10C of this chapter, each method to include unlimited collection, transportation and proper disposition of recyclable materials and leaf waste.
(1)
Residents electing the per-bag service method shall be authorized
to place municipal waste for collection by the residential contractor
only in those bags authorized by the contractor and purchased from
the contractor. Such bags shall have a minimum capacity of 30 gallons
and shall be packaged in minimum quantities of five bags per package.
(2)
The fee per household for all-inclusive service shall be assessed
and paid on a quarter-annual basis, and it shall be the responsibility
of each resident or responsible party occupying such household to
pay such fee to the residential contractor.
(3)
The amounts of the all-inclusive and per-bag service methods shall
be established as a result of the Borough's solicitation of bids
and contract award for residential service.
C.
The residential contractor shall provide to residents contracting
with it for all-inclusive or per-bag service who are eligible for
and possess a PACE card a ten-percent senior citizen discount.
(1)
Any resident requesting such discount shall be obligated to supply
his or her PACE card and another form of identification in order to
be eligible for the discount.
(2)
Any resident who, after receiving benefit of the senior citizen discount,
should become ineligible for a PACE card shall, from the date of such
ineligibility, no longer be eligible for the senior citizen discount
and, within 10 days after receiving notice of PACE ineligibility,
shall notify the residential contractor.
(3)
No person shall attempt to obtain a senior citizen discount through
use of a PACE card not belonging to that person.
(4)
The senior citizen discount shall apply only to persons who own or
lease the serviced property such as to be the responsible party. No
person not the owner or lessee of the serviced property or the spouse
of such owner or lessee shall apply for a senior citizen discount,
nor shall any responsible party for a property seek to obtain through
another person's eligibility the discount to which the responsible
party is not entitled.
D.
For any period in excess of 30 continuous days during which a resident
or responsible party has paid or is obligated to pay the fixed quarterly
fee for unlimited disposal services but his or her household will
not generate municipal waste, recyclable materials and leaf waste
during such period due to the residence not being occupied on account
of relocation to a new residence, extended vacation, lengthy hospitalization
or convalescence or other reason, such responsible party shall be
entitled to a pro rata refund or credit from the residential contractor
for the period of nonoccupancy so long as the responsible party notifies
the contractor of such nonoccupancy not later than seven days after
the period of nonoccupancy begins. If such notice is not given to
the residential contractor within seven days after commencement of
nonoccupancy, the credit shall not be due earlier than seven days
prior to the contractor's receipt of notice.
E.
All residents contracting with the residential contractor for provision
of services shall, upon first contracting with the contractor, elect
the method of service desired. All residents shall be obligated to
retain the service method elected until the next following contract
anniversary date. Residents shall be entitled to elect a different
service method only upon the commencement of service for a property
and on each anniversary date during the contract term. No resident
shall be allowed to avoid these requirements through voluntary termination
and later reinstatement or otherwise, unless the contractor should
agree to the contrary.
F.
The residential contractor shall be solely responsible for payment
of all fees and charges assessed or incurred in performing the contract,
including but not limited to collection, transportation, proper disposal
of municipal waste, disposition and marketing of recyclable materials
and composting of leaf waste, and all such costs shall be included
in any price bid for a contract of residential collection service.
G.
Special services and fees.
(1)
The residential contractor shall provide, for a special service fee
or rental to be paid by residential customers requesting such service,
sale or lease of ninety-gallon roll-off containers or toters. The
fee or rental shall be as established in the contract awarded by the
Borough.
(2)
The residential contractor shall collect, transport and dispose of
all municipal waste.
(3)
The residential contractor shall provide, for a special service fee
to be paid by residential collection customers requesting such service,
collection, transportation and proper disposal of appliances containing
Freon, which cannot lawfully be disposed of in landfills under present
laws and regulations. The contractor shall collect such appliances
from residential customers requesting the service and shall transport
such appliances to an authorized recycling center for removal of Freon
and proper recycling. Specifications issued pursuant to this chapter
and the residential contract awarded shall require that this special
service be included in any contract at the fee established in the
contractor's bid.
(4)
The residential contractor or any other registrant shall be entitled
to contract with owners of or responsible parties for residential
dwellings included within the Borough's residential contract
for collection, transportation and disposal of garbage, household
rubbish, construction materials excluded from residential collection
under this chapter and other municipal waste generated upon such property
in the course of its construction or substantial renovation, at such
fees as the contractor or registrant and the responsible party shall
agree.
H.
The provisions of this chapter shall not exclude from the all-inclusive
residential service method materials constituting municipal waste
and/or construction materials which are generated upon or within a
residential dwelling as a consequence of water damage, sewer backups
created by weather or flood events, where the Girard Borough Council,
by resolution, shall have authorized such inclusion, and insurance
coverage extending to payment of benefits for such service does not
exist. Where the owner or responsible party has insurance affording
such benefits, such owner or responsible party shall contract with
the residential contractor or other registered hauling contractor
for service in collection and disposal of such materials.[1]
I.
It shall be the responsibility of the residential contractor to bill
and collect from each household contracting for its services amounts
due for services rendered by the contractor in performance of the
contract, subject further to the following:
(1)
In the event the residential contractor is not paid the quarterly
fee per household assessed for all-inclusive service, is not paid
sums due by residents electing the per-bag service method or is not
paid special service fees due for additional services requested by
the customer, the contractor may proceed to collect such sums in a
civil action against the resident, householder, customer or other
responsible party for such dwelling.
(2)
In no event shall Girard Borough be responsible for payment of any
sum due with regard to services rendered by the contractor under the
contract.
J.
Miscellaneous provisions.
(1)
Should a residential customer place recyclable materials for collection
in such manner that they are not cleaned and/or source-separated from
municipal waste or other materials as required by this chapter and,
as presented, are contaminated, the contractor may decline to collect
the same if the contractor gives to the customer notice of the deficiency
and reasons.
(2)
Residential customers shall cut, bend or otherwise reduce to a length
not exceeding six feet fence boards, guttering, Christmas trees, shrubbery,
limbs, branches and other materials presented for collection by the
contractor as municipal waste.
(3)
The all-inclusive collection service method is not intended to encompass
collection of large appliances and other items in a quantity not reasonably
generated in the incidental and normal use of a residential premises.
Collection of large items from a premises presented in greater than
the volume of one item per week generated by a residential use may,
at the contractor's election, be subject to a special service
fee not exceeding that bid and accepted by the Borough in the contract
award, provided that such fee shall be assessed only after prior notice
to the customer.
(4)
Where this chapter specifies a particular type of bag or container
for placement of recyclable materials and/or leaf waste, an alternative
bag or container prescribed or authorized by the residential contractor
or hauler shall be permitted, so long as the alternative complies
with the objectives and requirements of this chapter.
(5)
Those persons or entities responsible for maintenance of private
streets and ways shall ensure that such streets are maintained and
that snow and ice is removed therefrom so as to allow access by the
residential contractor to residences thereon for collection of municipal
waste, recyclable materials and leaf waste. If such private streets
and ways should become impassable, the contractor will be obligated
to collect materials at the passable location nearest to the residences,
and customers in that event shall place materials for collection at
that location.
A.
In considering bids received in response to its specifications and
solicitation of bids for residential collection service issued pursuant
to this chapter, the Girard Borough Council shall:
(1)
Determine whether each bidder is financially responsible;
(2)
Determine whether each bidder is capable of performing all of the
duties and obligations imposed under the proposed contract;
(3)
If it has solicited bids for alternative terms or provisions, determine
those terms and provisions to be in the best interests of the Borough
and residential customers;
(4)
Look to the fixed quarterly fee bid for the all-inclusive collection,
transportation and disposal of municipal waste, recyclable materials
and leaf waste service method, and not to the per-bag service method
or other service options, as establishing the bid price for purposes
of evaluating the amount or price of bids received.
B.
The Girard Borough Council shall have authority to prepare such specifications
and consider such additional factors as it deems advisable for the
health, safety and welfare of the Borough and residential customers.
A.
All owners, landlords, managers or responsible parties of properties in Girard Borough which are defined as a "commercial pickup" must give to Girard Borough such notices regarding identity of retained hauling contractors as are required in § 354-4A(1)(c)[1] of this chapter.
B.
All persons, firms or entities licensed by PADEP as waste transporters,
contracting with or registered by Girard Borough to collect, transport,
dispose, market for recycling and/or compost municipal waste, recyclable
materials and/or leaf waste generated by owners or occupants of properties
located in the Borough shall be required to keep and maintain records
and to submit to Girard Borough as it may require all customer lists
and reports so as to assure compliance with federal, state and local
laws, rules or regulations and to enable Girard Borough to comply
with its statutory obligations and make full and proper application
for recycling and other grants available to it. Reports required by
the Borough shall serve as a means to apprise the Borough of the status
of disposal, recycling and composting activities and expenditures.
(1)
Such reports shall include, at a minimum:
(a)
Certified weight receipts itemizing tonnages of municipal waste
disposed of in solid waste facilities and tipping fees paid therefor.
(b)
Certified weight receipts itemizing tonnages of all recyclable
materials collected, by particular recyclable material.
(c)
Certified weight receipts itemizing tonnages of all recyclable
materials sold or marketed for reuse, by particular recyclable material,
and the fees received or paid therefor.
(d)
Identity (name, mailing address and telephone number) of all
persons or entities to whom recyclable materials have been sold, by
material.
(e)
Material market prices or fees paid, by recyclable material.
(f)
Certified weight receipts itemizing tonnages of all leaf waste
collected and delivered for composting during that period.
(g)
The identity of each solid waste disposal facility, recycling
facility and/or leaf composting facility utilized, with tonnages,
certified weight receipts and price information applicable to each.
(h)
A listing of all properties serviced by such contractor or registrant
during the period for which the report pertains, the nature of services
provided to each and the identity of property owners.
(2)
Each report and customer list shall be accompanied by a sworn or
verified statement of the contractor, confirming that such contractor
has, during the period to which the report pertains, assured that:
(a)
All municipal waste has been disposed of in a solid waste facility
permitted under the Erie County Solid Waste Management Plan and this
chapter; and
(b)
All recyclable materials have been separated, marketed for recycling
and proper reuse as required by this chapter and have not been landfilled,
reused in the same form or used for energy recovery; and
(c)
All leaf waste collected has been source-separated and transported
for disposition at a licensed composting facility in accordance with
the requirements of this chapter.
C.
All records of the contractor or registrant pertinent to performance
of collection, transportation and disposition services from properties
in Girard Borough shall be retained by such contractor or registrant
for a period of not less than three years after the date of the report
for which such records pertain.
D.
Violation by a residential contractor or registrant of Subsections B and C of this section shall constitute a material breach of obligations owed to Girard Borough under such contract or registration, shall be subject to fines and penalties prescribed in this chapter and shall be grounds for revocation or rescission by Girard Borough of such contract.
E.
Customer lists and other reports required to be submitted to Girard
Borough shall be in writing and, upon request by the Borough, also
on computer diskette(s) or CD-ROM in a format prescribed by the Borough.
A.
This chapter shall become effective five days after the date of its
enactment, except as specifically provided in this section.
B.
Requirements of this chapter governing registrations, fees and reports
shall become effective as of January 1, 2011.
C.
All other standards, regulations and requirements set forth in this
chapter, and the residential contract contemplated in this chapter,
shall be effective on and after January 1, 2011.
D.
All registrations issued by Girard Borough for calendar years commencing
January 1, 2011, shall be governed by the provisions of this chapter.
E.
Ordinance No. 613 is repealed as to its provisions pertaining to
registrations, fees and reports and otherwise shall remain in effect
until January 1, 2011, on which date it shall be repealed and superseded
by this chapter.
A.
Girard Borough, through its Borough Manager, the Girard Borough Police
and code enforcement personnel authorized by the Girard Borough Council
to enforce this chapter, shall have full authority to investigate
alleged violations, issue enforcement notices, impose administrative
fines, commence civil actions for enforcement and/or collection of
fines for violation of this chapter and otherwise enforce and secure
compliance with the provisions of this chapter.
B.
The Girard Borough Council and code enforcement personnel entrusted
with enforcement of this chapter shall have authority to issue cease
and desist orders, directing persons found to have violated provisions
of this chapter to cease and remedy the said violations, and shall
further have authority to seek equitable and/or injunctive relief
to prohibit violations.
C.
Violations of this chapter which are declared in this chapter or in Chapter 266, Nuisances; Dangerous Buildings, to constitute nuisances shall be enforced under either chapter, and the Borough Manager shall have authority to abate nuisances and recover the costs thereby incurred from the responsible party.
D.
Each day that a violation of this chapter is permitted to exist shall
constitute a separate and continuing offense.
E.
Any person, corporation, partnership or other entity who/which violates any provision of this chapter shall be liable to administrative and civil proceedings for enforcement. Upon a determination by the Borough Manager or other code enforcement personnel that a violation of this chapter has occurred, an administrative enforcement notice shall be given to or served upon the violator(s) in accordance with this chapter, as amended, such notice to impose the administrative fine for such violation as prescribed in § 354-16 of this chapter. In the event such administrative fine is not paid by the deadline stated in the enforcement notice, code enforcement personnel shall institute a civil action in the District Justice Court having appropriate jurisdiction.
A.
Prescribed fine. Any person, corporation, partnership or other entity
violating this chapter shall pay the fines prescribed in this section.
The following fines are hereby prescribed for violation of this chapter:
B.
The prescribed fines shall be assessed for each day a continuing
violation occurs or is permitted to occur.
C.
In the event a violation of this chapter is believed to have occurred,
the Borough shall issue a written enforcement notice, directing that
the violator take such action as the Borough determines to be necessary
to remedy the violation. If such violation is not remedied within
five days of such notice, the Borough shall commence a civil enforcement
action in the office of the Magisterial District Judge having jurisdiction.
D.
Violation by the residential contractor or a registrant of this chapter
may, at the discretion of the Borough Manager, result in revocation
or rescission by the Borough of such contract or registration.
E.
All judgments entered in civil actions for enforcement commenced by the Borough shall, in accordance with ordinances of Girard Borough governing civil enforcement of ordinances as now in effect or in the future amended, include the fine prescribed for the violation in § 354-16A, plus all court costs and plus all attorneys' fees and costs incurred by Girard Borough in such matter. A person found to have violated this chapter shall be responsible for payment of all attorneys' fees and costs incurred by the Borough in all proceedings related to enforcement, including appeals taken by the violator.
The Borough is authorized, in its discretion, to sponsor for
the benefit of Borough residents a cleanup project once or more frequently
per year involving acceptance and disposition of metals and such other
materials not collected under the residential contract as the Board
shall deem appropriate. The Girard Borough Council shall have authority
to contract with the residential contractor for provision of services
with respect to such cleanup project as a component of the residential
collection contract if the Council should determine that such contract
is in the best interests of the Borough. If not included within the
residential collection contract, the Girard Borough Council shall
have authority to contract with any person(s) or entity(ies) for provision
of services related to Borough-sponsored cleanup projects.
A.
The Girard Borough Council shall have authority to adopt, amend,
implement and administer such policies, procedures and forms as it
deems necessary or appropriate to effectuate this chapter.
B.
The Girard Borough Council shall designate such persons to be responsible
for administering and enforcing this chapter as it deems appropriate.
C.
The Girard Borough Council shall have authority to enter into agreements
with such persons or firms as it deems appropriate to effectuate this
chapter and its purposes.
