This chapter shall govern and control all aspects of the collection,
storage, transportation, processing and disposal of municipal waste
and recycling in the Borough of Hanover. It contains provisions applicable
to individuals, commercial, municipal and institutional establishments
and community activities.
This chapter is being enacted in order to establish a program
for the collection, storage, transportation, processing and disposal
of municipal waste, to implement a recycling program, including mandatory
source separation and separate collection of designated recyclable
materials and leaf waste, in order to return valuable materials to
productive use, to conserve energy and to protect capacity at municipal
waste processing and disposal facilities.
As used in this chapter, the following terms shall have the
meanings indicated:
One who performs an act for his immediate family or for another
person gratuitously (without any form of monetary or material compensation
therefor).
Empty, all-aluminum beverage and food containers.
Empty food or beverage containers consisting of both steel
and aluminum.
Borough of Hanover, York County, Pennsylvania.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation or financial or professional service or office enterprise,
business or establishment.
An event that is sponsored by public or private agencies
or individuals that include but are not limited to fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
[Amended 3-25-2020 by Ord. No. 2296]
The process by which organic material is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like
product.
A facility using land for processing of organic material
by composting.
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.
A method of collection of residentially generated recyclables
by which the owners or occupants of certain residential properties
place them at curbside, at times, designated by authorized collectors,
for collection and removal by an authorized collector thereof for
delivery to a recycling center.
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.
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
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 commonly known as "window glass," automotive
glass and ceramic and porcelain products.
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.
Of or pertaining to any establishment engaged in service
to persons, including, but not limited to, hospitals, nursing homes,
orphanages, schools, universities, es and social or fraternal societies
and organizations.
The owner of residential property or such owner's authorized
agent.
A facility for composting vegetative material, including
leaf waste, garden residue and chipped shrubbery and tree trimmings.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
[Amended 11-21-2006 by Ord. No. 2113]
Printed matter, also known as "periodicals," containing miscellaneous
written prices 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.
A type of residential property, either under single ownership
or organized as a condominium or cooperative form of housing, which
contains four or more dwelling units.
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 Borough of Hanover, any counties, cities, townships,
boroughs and municipal authorities.
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,
and any sludge not meeting the definition of "residual or hazardous
waste" as defined in the Pennsylvania Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
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.
A fire in which any solid waste is burned in the open or
in a receptacle other than a furnace or an incinerator permitted by
the Pennsylvania Department of Environmental Protection.
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 chapter 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.
Empty plastic food and beverage containers, the specific
types of which are PET (soft drink and water bottles) and HDPE (milk
and water jugs, detergent and shampoo bottles), to be designated by
resolution of the Borough Council.
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 off-site reuse. Processing facilities
include, but are not limited to, transfer stations, composting facilities
and resource recovery facilities.
Materials designated as recyclable in this chapter, or required
by the terms of this chapter, any amendment hereto or designated by
resolution of the Borough, to be kept separate from municipal waste
and recycled, including leaf waste.
The collection, separate maintenance, 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.
The facilities located at the public works yard within the
Borough, the transfer station, Barnhart Drive, Hanover, and which
are designed to, and which do, act as a collection center for the
processing, storage and shipment of recyclables.
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 the residential
use within a building are considered residential.
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper or plastic) and noncompostable plant material, wood or
nonputrescible solid waste.
Empty food or beverage containers made of steel, tin-coated
steel or other ferrous metal food or beverage containers.
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.
The off-site removal of any municipal waste at any time after
generation thereof.
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.
A facility that is used to compost leaf waste, including
a facility that is used to compost grass.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.
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 Borough, 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, recyclables or leaf waste in any stream or body of water or
on or near any public or private right-of-way within the Borough.
B.
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 in front
of or adjacent to such property. All owners or operators of commercial,
industrial, institutional and municipal establishments in the Borough
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 along the alleyways
or, where no public alleyway exists, 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.
C.
Nothing contained herein shall prohibit a farmer from carrying out
the normal activities of his farming operations, including composting
and spreading of leaf waste, manure or other farm-produced agricultural
waste, provided such activities are conducted in accordance with all
applicable laws, rules and regulations.
A.
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.
B.
Any person accumulating or storing municipal waste on private or
public property in the Borough 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:
(1)
Containers used for the storage of municipal waste shall be of metal,
rubber, plastic or fiberglass construction, rust and corrosion resistant,
equipped with lids and waterproof.
(2)
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.
(3)
No person, except the occupant of the property on which a waste container
is placed or any Borough representative, shall remove the lids of
the container and/or remove the contents thereof.
(4)
All hazardous waste, including but not limited to waste of a highly
infectious or contagious waste, shall not be stored for ordinary collection,
but shall be specially disposed of in accordance with the directions
of the Borough or of any state or federal authority having jurisdiction
thereof.
(5)
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 chapter by the person on whose
property the bulk container is located, if it is located on private
property.
C.
Containers
used by property owners for the storage and collection by the Borough
of municipal waste and recyclables shall be placed for collection
either at the curb (in the case of street collection) or at the alley
right-of-way line (in the case of alley collection). Placement at
the curb for street pickup shall be no more than 24 hours prior to
the time of collection by the Borough. The size and number of containers
permitted to be placed for collection and the frequency of such collection
shall be established from time to time by resolution of the Hanover
Borough Council.
[Added 12-28-2011 by Ord.
No. 2180]
(1)
Special
points of collection may be approved by the Hanover Borough Manager
upon a property owner providing proof of hardship. "Hardship" is defined
as either the physical inability of a customer to bring containers
to the curb or alley right-of-way line or a unique characteristic
of the property owner's property which does not allow for the location
of collection at the curb or alley right-of-way line. An additional
fee may be imposed on a property owner by the Borough for collection
other than at the curb or alley right-of-way line.
A.
All owners of property within the Borough shall provide for the regular
preparation for removal of all municipal waste generated at such properties
in one of the approved manners set forth herein.
B.
All owners of property in the Borough of Hanover shall provide for
the preparation and storage of municipal waste and shall have such
waste collected, removed and disposed of by the Borough. No person,
firm or entity other than the Borough shall collect, remove and dispose
of municipal waste from any property in the Borough, unless the owner
of a property obtains approval from the Borough for such collection,
removal and disposal services to be provided by others, which cannot
otherwise be provided by the Borough.
[Amended 12-28-2011 by Ord. No. 2180]
C.
Nothing contained herein shall be deemed to prohibit any person from
collecting or hauling municipal waste on an irregular and unscheduled
basis to any facility permitted by the Commonwealth of Pennsylvania,
Department of Environmental Protection, provided that such hauling
shall be in addition to, and not in place of, the regular removal
of municipal waste as required by this section and provided that such
is not in violation of any county or other municipal law or regulation.
D.
Nothing in this section shall modify the requirements in this chapter
pertaining to separation and preparation of recyclables or leaf waste.
Nothing in this section shall impair the ability of the Borough to
provide a system of placement for removal and public collection of
leaf waste, or Borough residents to utilize such system of public
collection of leaf waste, anything herein contained to the contrary
notwithstanding.
A.
Any person transporting municipal waste within the Borough shall
prevent or remedy any spillage and leakage from vehicles or containers
used in the transport of such municipal waste.
B.
Any waste transportation must be done in vehicles that are provided
with either closed, covered containers or which have measures taken
to prevent leakage and waste from being blown or falling from the
vehicle.
A.
No person shall ignite, cause, feed, permit or maintain any open
fire for the destruction of solid waste, leaf waste or recyclables
designated in this chapter on any property under his control, except
as hereinafter provided.
B.
Exceptions to open burning prohibition.
(1)
Open fires may be set in the performance of an official duty, as
allowed by the Fire Prevention Code, if the fire is deemed necessary
for the prevention of a fire hazard, which cannot be abated otherwise;
and for the protection of public health.
(2)
No open burning shall occur during any fire ban emergency declared.
The Borough is hereby authorized to provide for collection of
municipal waste from Borough property, to provide public litter baskets
on sidewalks in the Borough and to collect and dispose of such waste
in the manner set forth herein.
Unless otherwise provided for composting, all persons shall
keep leaf waste separate from all other forms of municipal waste and
separate from recyclables. Such waste shall be set out for collection
in a manner to be designated by the Borough and shall be delivered
by the Borough for composting at a facility operating in accordance
with Pennsylvania Department of Environmental Protection's Regulations
and Guidelines for Leaf Composting Facilities. Nothing herein shall
require any person to gather leaf waste or grass clippings or prevent
any person from utilizing leaf waste for compost, mulch or other agricultural
purposes.
