[Amended 9-22-1972 by Ord. No. 72-21(C)]
This article shall be known and may be cited as the "Borough Refuse Collection Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Lewistown as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-1-1945 by Ord. No. 45-8 (Ch. 20, Part 1, of the 1986 Code)]
[Amended 9-22-1972 by Ord. No. 72-21(C); 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2; 4-13-1992 by Ord. No. 92-3]
Unless otherwise expressly stated or unless the context clearly requires a different meaning, the following words, when used in this article, shall have the meanings next ascribed to them.
A metal container meeting the requirements of § 200-4C(1) for storing ashes, and the metal container to be placed or set out at a certain location for collection and emptying by the Borough refuse collection service.
The residue from the burning of wood, coal, coke and other combustible materials for cooking and heating purposes. "Ashes" shall not mean or include the cinders or residue produced in steam-generating plants.
The special disposable plastic bag issued by the Borough for the purpose of storing refuse (other than ashes), and the bag to be placed or set out at a certain location for collection by the Borough refuse collection service.
The solid or semisolid animal or vegetable waste: 1) which results from the handling, preparation, cooking or serving of food or from the cleaning up thereafter; 2) which contains not more than a negligible amount of liquid; and 3) which is not ground up for discharge into a sanitary sewer system. "Garbage" shall not mean or include the animal or vegetable waste from canneries, packing plants or similar food-processing industries or operations and shall not mean or include more than ordinary amounts or quantities of condemned or destroyed food from wholesale or retail food markets or from cafeterias, restaurants or other eating places.
Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency or other legal entity whatsoever.
[Added 1-9-2017 by Ord. No. 2017-1]
Ashes, garbage and rubbish, after all recyclable materials, leaves, yard waste, and Christmas trees have been removed therefrom. Until changed by a program regulation adopted pursuant Article II, Recycling, of this chapter, grass clippings are to be considered as refuse, and thus, need not be separated and removed from refuse, but rather may be placed with garbage and rubbish in a Borough refuse bag.
All combustible and noncombustible waste materials, including paper, rags, boxes, cartons, litter, cans, bottles, broken glass, broken dishes, broken or discarded furniture, and dust. "Rubbish" shall not mean or include ashes, as defined in this section; garbage, as defined in this section; Christmas trees; leaves; recyclable materials or yard waste, as each of these terms is defined in Article II of this chapter; dead animals; debris from construction or demolition; excavation fill or excavation waste; the waste or junk or discarded materials or by-products of manufacturing or industrial operations; abandoned equipment or machinery used in manufacturing or industrial operations; abandoned vehicles; explosives or explosive materials; and other types of waste not customarily produced by residential, commercial, business office or institutional uses.
In general, for the purposes of the collection or disposal services which the Borough provides, "solid waste" is the term used for those things which a person discards and which fall into one of the following categories: recyclable materials; leaves; yard waste; refuse.
[Amended 1-3-1968 by Ord. No. 67-23; 9-22-1972 by Ord. No. 72-21(C); 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2]
A.
All refuse accumulated in the Borough shall be collected, removed and disposed of by the Borough refuse collection service, or by persons performing such services pursuant to a contract with or license from the Borough. It shall be unlawful for any person other than the Borough, or persons performing services pursuant to a contract with or license from the Borough, to conduct or operate a refuse collection service in the Borough. It is the intent of this article that all persons who reside or do business in the Borough of Lewistown and who produce and accumulate refuse in the Borough shall use the Borough refuse collection service, or persons performing such services pursuant to a contract with or license from the Borough, to the exclusion of any other refuse collection service.
[Amended 1-9-2017 by Ord. No. 2017-1]
B.
The Borough refuse collection service shall be under the supervision of the Borough Manager. It shall be the duty of the Borough Manager or his authorized representative to carry out the functions and purposes of this article, to enforce the provisions of this article, and to make such inspections and issue such orders as are required to ensure that compliance is had with this article. The Borough Manager shall have authority to make regulations consistent with the spirit and intent of this article, including but not limited to:
(1)
The days and hours when refuse will be collected;
(2)
The frequency of collections;
(3)
The maximum weight or volume of refuse which will be collected at any one time;
(4)
The terms and conditions under which special refuse problems will be handled; and
(5)
The terms and conditions under which persons may dispose of waste in the Borough solid waste disposal facility.
C.
Authority to inspect or issue orders.
(1)
In making any inspection or order which under the provisions of this article the Borough Manager or his authorized representative may deem necessary to be made, the Borough Manager or his authorized representative shall have the powers granted and shall follow the procedures in §§ 110-7, 110-8C and 110-9 of Chapter 110, Article I, Building, Plumbing, Electrical and Property Maintenance Codes.
(2)
In construing Article I, Building, Plumbing, Electrical and Property Maintenance Codes, of Chapter 110, of the Code of the Borough, so as to implement and give effect to this Subsection C, the words "Borough Manager or his authorized representative" are substituted for the words "Department officer"; the words "regulations of the Borough Refuse Collection Ordinance or the Borough Manager" are substituted for the words "standards or regulations of the Property Maintenance Code"; and the word "conditions" is substituted for the phrase "the conditions or state of maintenance of a property."
D.
Any person aggrieved by any regulation made by the Borough Manager or by any order, requirement or decision made by the Borough Manager or his authorized representative in the interpretation or enforcement of this article may, within 15 days after the date of such decision, file an appeal to the Borough Council with the Borough Secretary. Upon the filing with the Borough Secretary of an appeal, the Borough Secretary shall schedule a hearing on the appeal for the next regular meeting of the Borough Council. The Borough Council may reverse, or affirm wholly or in part, or modify the regulation, order, requirement or decision appealed from, or may make such order, requirement or decision as in its opinion ought to be made. The Borough Council shall decide each appeal within 40 days from the date of the hearing on the appeal and shall give notice of its decision to all parties in interest.
[Amended 1-3-1968 by Ord. No. 67-23; 9-22-1972 by Ord. No. 72-21(C); 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2; 4-13-1992 by Ord. No. 92-3]
A.
Separation of refuse. Ashes shall be placed only in ash cans. Garbage and rubbish shall be placed only in Borough refuse bags. Garbage and rubbish may be placed together in the same Borough refuse bag.
B.
Preparation of refuse.
(1)
All ashes shall be cold before being placed in an ash can. An ash can is not to weigh more than 40 pounds when filled.
(2)
All garbage shall be drained of liquid before it is placed in a Borough refuse bag.
(3)
All rubbish shall be drained of liquid before it is placed in a Borough refuse bag. All bottles, cans, cartons, jugs and the like shall be thoroughly rinsed and drained of liquid before being placed in a Borough refuse bag.
(4)
A Borough refuse bag is not to weigh more than 40 pounds when filled.
C.
Ash cans and Borough refuse bags; responsibility for providing to occupants.
(1)
Ash cans shall be made of durable, corrosion-resistant metal; shall have a capacity of not more than 20 gallons or 40 pounds when filled; shall be sturdy enough to withstand cracking, splitting or breaking under normal conditions of use; shall be equipped with a tight-fitting cover or lid which will resist being blown off by wind or knocked off if the ash can is dropped or toppled; shall be equipped with two handles so as to enable one man to lift, carry or empty the ash can; and shall not be filled to the point that the cover or lid cannot be put on the can or remain securely in place. Ash cans shall be kept in good condition and shall be maintained free of ragged or sharp edges or any other defect likely to injure a man or hamper him in lifting, carrying or emptying the can.
(2)
It shall be the responsibility of the owner of a property to ensure that ash cans and Borough refuse bags are provided for the occupants of the property.
D.
Prohibited accumulation of refuse or other types of solid waste. No person shall allow his refuse or other types of solid waste to be so accumulated prior to collection, or so stored or harbored prior to collection, that the accumulation, storage or harboring — for lack of adequate ash cans or Borough refuse bags or for lack of adequate safeguards in light of the location or place where the refuse or other type of solid waste is accumulated, stored or harbored — emits offensive odors; creates a breeding place or harbor for bees, flies, maggots, mosquitoes or the like; creates a place which attracts or harbors vermin; creates a fire, health or safety hazard, or substantially increases the risk of a fire, accident or injury.
E.
Points of collection. Prior to the time when a scheduled collection of refuse is to be made at a property by the Borough refuse collection service (but in no event prior to 1:00 p.m. on the day before the day on which the scheduled collection is to be made), all ash cans and Borough refuse bags which contain refuse to be collected shall be placed or set out by the owner or occupant of the property at an outdoor location which is at ground level with the side of the street or alley from which the collection is to be made and within five feet from the curb of the street or alley from which the collection is to be made or, if the collection is to be made from a street or alley which has no curb, within five feet from the edge of the berm or the edge of the shoulder of the street or alley. Ash cans or Borough refuse bags shall not be placed in the roadway of a street or alley or on the berm or shoulder and shall not be placed on a sidewalk or anywhere else in such a location or manner as would obstruct pedestrian passage or the passage of persons, vehicles or property to or from the entrances or exits of a building or a driveway.
[Amended 3-8-2021 by Ord. No. 2021-4]
[Amended 9-22-1972 by Ord. No. 72-21(C); 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2; 4-13-1992 by Ord. No. 92-3]
A.
Ownership of refuse. The ownership of refuse placed or set out for collection by the Borough refuse collection service shall be deemed to be vested in the Borough.
B.
Regular collection of refuse.
(1)
The normal accumulations of refuse of persons residing or doing business in the Borough (taking into account the refuse-producing factors which might reasonably be assumed to exist at a residential dwelling, apartment house, multifamily house, mixed occupancy dwelling, hotel, motel, restaurant, commercial enterprise, business, institution, or the like during any given week under normal circumstances) will be collected regularly once each week by the Borough.
(2)
The owners of large apartment houses, multifamily houses, mixed occupancy dwellings, hotels, motels, restaurants, commercial enterprises and such other businesses or institutions as deem it necessary that more frequent collections be made may regularly have refuse collected more frequently than once a week when approved by the Borough Manager and upon agreement by the owner to pay the periodic service charge fixed by the Borough Manager under § 200-6A(2).
C.
Special collection of refuse.
(1)
Any owner or occupant may have refuse collected on a day when collection is not regularly scheduled if the accumulation of the refuse to be collected is greater than the normal accumulation, the collection is approved by the Borough Manager, and the person for whose benefit the collection will be made agrees to pay the fee fixed by the Borough Manager under § 200-6C for the special collection.
(2)
In cases where the Borough Manager determines that, in order to protect the public health or safety, a person's refuse must be collected more frequently than once a week or on a day when a collection is not regularly scheduled, the Borough Manager may direct that a special collection be made at the expense of the person responsible for the condition which was the basis of the direction.
D.
Special refuse problems.
(1)
Special handling of contagious disease refuse. The collection and disposal of wearing apparel, bedding or other refuse from dwellings, hospitals or other places where highly infectious or contagious diseases have been present shall be performed under the supervision and direction of the Borough Manager.
(2)
Special handling of highly inflammable refuse or explosive materials. Highly inflammable refuse or explosive materials shall be collected and disposed of as directed by the Borough Manager and as supervised by the Borough Manager or the Chief of the Fire Department.
(3)
Disposal when refuse not collected by reason of certain conditions. The Borough Manager or a Department officer may order the Borough refuse collection service not to collect, or the Borough refuse collection service may refuse to collect, ashes which are not separately placed in an ash can or garbage or rubbish which is not separately placed in a Borough refuse bag, as required by § 200-4A; refuse which is not prepared in accordance with the requirements of § 200-4B or which exceeds the weight limit prescribed by § 200-4B; ashes in an ash can which exceeds in volume or weight the volume or weight prescribed by § 200-4C(1) or which is defective; refuse which is not placed or set out at a point of collection prescribed by § 200-4E; or refuse which is in excess of a normal accumulation. In any of such cases, the Borough Manager or a Department officer may order the person responsible for the condition which was the basis for the collection not being made to correct the condition and, upon correction of the condition, approve or direct that a special collection be made under § 200-5C.
[Amended 3-6-1953 by Ord. No. 53-5; 9-13-1955 by Ord. No. 55-9; 2-19-1958 by Ord. No. 58-4i; 11-14-1967 by Ord. No. 67-17; 12-14-1970 by Ord. No. 70-13; 2-14-1972 by Ord. No. 72-5; 12-10-1974 by Ord. No. 74-12; 3-11-1976 by Ord. No. 76-1; 12-11-1978 by Ord. No. 78-4; 3-9-1981 by Ord. No. 81-3; 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2; 9-22-1986 by Ord. No. 86-4; 2-11-1991 by Ord. No. 91-2; 12-30-1991 by Ord. No. 91-7; 4-13-1992 by Ord. No. 92-3; 1-14-1993 by Ord. No. 1993-2; 1-12-1998 by Ord. No. 1998-2; 1-12-2009 by Ord. No. 2009-3; 1-30-2012 by Ord. No. 2012-2; 12-27-2012 by Ord. No. 2-12-12; 12-29-2016 by Ord. No. 2016-9]
Section 200-6, Periodic service charge for regular collection; surcharge; fee for special collection; fee for handling special refuse problem, of Article I, Refuse Collection, of Chapter 200 and the charges related thereto as imposed heretofore are hereby revised by increasing the charges therefor, as applicable, as set forth in the Borough's 2017 Cost and Fee Schedule, adopted by Borough Council on December 29, 2016, effective January 1, 2017, incorporated herein by reference. Thereafter, these charges shall be as set forth in the then-current Cost and Fee Schedule as may be adopted by Borough Council from time to time.
[Added 11-15-1983 by Ord. No. 83-6]
A.
Billing of periodic service charge in advance. The periodic service charge imposed under § 200-6A shall be billed by the Borough in advance of the quarterly or monthly service cycle during which regularly scheduled collection of refuse will be made unless, in a case under § 200-6A(2) the Borough Manager determines that, as a matter of accommodation or administrative convenience or business practice, the better procedure would be to bill for the periodic service charge after the close of the service cycle.
B.
Payment of fee in advance for a special collection of refuse or for handling a special refuse problem. The fee fixed by the Borough Manager under § 200-6C for a special collection of refuse or for handling a special refuse problem shall be paid to the Borough in advance, unless the Borough Manager determines that, as a matter of accommodation or administrative convenience or business practice, the better procedure would be to bill for the fee after the special collection has been made or the special refuse problem has been handled.
C.
Deposit in lieu of billing in advance or in lieu of payment of fee in advance.
(1)
If the Borough Manager determines under § 200-7A that the periodic service charge imposed under § 200-6A(2) is to be billed by the Borough after the close of the service cycle, or if the Borough Manager determines under § 200-7B that the fee fixed by the Borough Manager for a special collection of refuse or for handling a special refuse problem is to be billed by the Borough after the special collection has been made or the special refuse problem has been handled, the Borough Manager shall have the right to require that, before the regularly scheduled collections are made during the service cycle or before special collection is made or before the special refuse problem is handled, a non-interest-bearing deposit be made with the Borough in that amount estimated by the Borough Manager to be the likely actual service charge or the likely actual fee.
(2)
To the extent the deposit is not sufficient to pay the actual service charge or the actual fee, the Borough shall bill for the deficiency, and to the extent the deposit is more than the actual service charge or the actual fee, the Borough shall promptly credit or refund the excess.
[Added 11-15-1983 by Ord. No. 83-6]
A.
The period service charge imposed upon the owner of a property under § 200-6A (irrespective of whether under § 200-7A the periodic service charge is billed in advance of the service cycle or after the close of the service cycle) shall be billed by the Borough to the owner.
B.
A surcharge imposed upon the owner of the property under § 200-6B shall be billed by the Borough to the owner after the collection of the refuse which was the basis for the surcharge, but the bill may be rendered by the Borough as a separate bill or as part of the bill for a periodic service charge, as the Borough Manager shall determine.
[Added 11-15-1983 by Ord. No. 83-6; amended 9-28-2009 by Ord. No. 2009-5]
At the written request of the owner and the tenant of a property, or where the terms of a written lease agreement expressly or impliedly require the tenant to pay the periodic service charge and any surcharge, the Borough, as a matter of accommodation, may render the bills for the periodic service charge and surcharge referred to in § 200-8A and B to the owner's tenant, if the Borough Manager determines that it is administratively convenient for the Borough to do so. However, payment of those bills shall at all times remain the obligation of the owner of the property, and for that obligation, the owner shall always be ultimately liable.
[Added 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2]
A.
In a case where the Borough Manager determines under § 200-7B that the fee for a special collection of refuse is to be billed by the Borough after the special collection has been made, the bill shall be rendered by the Borough to the person who requested the special collection or who was responsible for the condition which was the basis of the Borough Manager's direction that the special collection be made.
B.
In a case where the Borough Manager determines under § 200-7B that the fee for handling a special refuse problem is to be billed by the Borough after the special problem has been handled, the bill shall be rendered by the Borough to the person who requested the Borough to handle the special refuse problem or who was responsible for the condition which resulted in the special refuse problem.
[Added 11-15-1983 by Ord. No. 83-6; 3-25-1991 by Ord. No. 91-4]
A.
Except for a bill rendered to the United States, the Commonwealth of Pennsylvania, a municipality, a municipal authority or a school district, or any department or agency thereof, a bill shall be payable at face within 20 days after the date the bill is mailed. If the bill is not paid in full within the 20 days, it shall be delinquent and a penalty of 10% of the face amount of the bill shall be added to the amount unpaid.
B.
A bill rendered to the United States, the Commonwealth of Pennsylvania, a municipality, a municipal authority or a school district, or any department or agency thereof, shall be payable at face within 60 days after the date the bill is mailed. If the bill is not paid in full within the 60 days, it shall be delinquent and a penalty of 10% of the face amount of the bill shall be added to the amount unpaid.
C.
If the last day when a bill is payable at face (the 20th or 60th day after the date the bill is mailed, as the case may be) falls on a Saturday, Sunday or holiday, the last day for paying the bill at face (and thus avoiding the penalty for delinquency) shall be the next succeeding business day.
D.
Timeliness of payments made by mail. A payment in the face amount made by mail will be accepted at face, provided the envelope containing the payment bears a postmark date which is within the period during which the bill is payable at face.
E.
In the case where a bill is rendered to a tenant under the provisions of § 200-9 and the bill, together with the penalty for delinquency, is not paid by the tenant within five days after the bill becomes delinquent, a written notice shall be mailed to the owner stating that the owner is to make payment within 10 days after the date of the notice.
F.
Actions to collect delinquent bills.
(1)
If a bill, together with the penalty for delinquency, is not paid in full within 35 days after the bill becomes delinquent — or within 35 days after the date by which the owner was to make payment, if the case is one which is within the scope of § 200-11E — the Borough may:
(a)
Terminate its refuse collection service to the property to which the delinquent bill relates or to the person responsible or liable for payment of the delinquent bill; and
(b)
Collect the delinquent bill, together with the penalty for delinquency, by an action in assumpsit or by a municipal claim filed as a municipal lien.
(2)
Refuse collection service shall be resumed by the Borough only upon payment in full to the Borough of all delinquent bills; all penalties for delinquency; all interest, fees and court costs attributable to a judgment obtained in an action in assumpsit or to a claim filed as a municipal lien; and a ten-dollar administrative charge for resumption of collection service.
G.
If the Borough terminates refuse collection service under § 200-11F, nothing in this article shall be deemed to preclude the Borough from declaring an accumulation of refuse to be a fire, health or safety hazard even though refuse collection service was terminated by the Borough; giving a notice and order to the owner of the property where the accumulation of refuse is located or to such other person as may be responsible for the accumulation to remove the accumulation within the time set forth in the notice and order; upon failure of the owner or person to remove the accumulation of refuse within the time set forth in the notice and order, proceeding itself to remove the accumulation; and collecting the cost of the removal, together with a penalty of 10% of that cost, in the manner provided for in § 200-11F(1)(b).
[Added 11-15-1983 by Ord. No. 83-6]
A.
It is the responsibility of the owner of a property to notify the Borough of the address to which bills to the owner are to be mailed and any change in that address. In the absence of a current mailing address for the owner, the Borough may use the last known address shown in the records of the Borough Secretary or the Borough Tax Collector.
B.
Failure to receive a bill shall not be considered an excuse for nonpayment or a reason to abate any penalty or extend the time during which the bill is payable at face.
[Added 11-15-1983 by Ord. No. 83-6]
Nothing in this article shall be deemed to preclude the Borough from entering into, and the Borough hereby reserves the right to enter into, a separate agreement with any person with respect to refuse collection service, periodic service charges or any other matter governed by this article:
A.
In those cases where the making of the agreement is deemed by the Borough to be necessary or beneficial to the business operations of its refuse collection service and, not to be contrary or detrimental to the public interest; or
B.
In those cases where the literal or strict application of the provisions or requirements of this article would produce an inequitable result which would thereby cause unnecessary or substantial hardship but with the making of an agreement the spirit of this article can be observed and substantial justice done.
[Amended 1-3-1968 by Ord. No. 67-23; 9-22-1972 by Ord. No. 72-21(C); 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2]
A.
Any person who violates any requirement or provision of this article, or who violates any regulation made by the Borough Manager, or who fails to carry out an order of the Borough Manager or his authorized representative shall, upon conviction of the offense, be sentenced to pay a fine of not less than $300 nor more than $1,000 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days. For the purpose of the imposition of the fine and costs prescribed by this § 200-14A, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.
[Amended 7-9-2018 by Ord. No. 2018-3; 12-27-2022 by Ord. No. 2022-7]
B.
Each day that an order of the Borough Manager or his authorized representative is not complied with shall be deemed to constitute a new or separate offense under § 200-14A and subject in all respects to the same penalty as is provided in § 200-14A, and a separate prosecution may be instituted and a separate fine imposed for each offense committed after the first offense.
C.
The imposition of a penalty under this § 200-14 or under § 200-15 shall not preclude the Borough or the Pennsylvania Department of Environmental Protection (acting pursuant to the authority and powers granted the Department by the Pennsylvania Solid Waste Management Act[1]) from instituting an appropriate action or proceeding to prevent an unlawful accumulation, collection, storage, deposit or discharge of refuse, or to restrain, correct or abate a violation, or to prevent any unlawful action, condition or use.
[1]
Editor's Note: See 35 P.S. 6018.101 et seq.
[Added 11-15-1983 by Ord. No. 83-6; 3-24-1986 by Ord. No. 86-2; 4-13-1992 by Ord. No. 92-3]
A person who commits any of the following offenses shall be prosecuted for the appropriate, concomitant summary offense provided for in the Pennsylvania Crimes Code[1]:
A.
Deposits, litters, scatters or throws refuse or another type of solid waste, or any dangerous or detrimental substance, into or upon any sidewalk, road, street, highway, alley or mall, or into any stormwater sewer or any gutter, curb or inlet box which flows or washes to a stormwater sewer, or into or upon any stream or river, or into or upon the land of another; or
B.
Interferes with, disturbs or scatters the contents of any Borough refuse bag, ash can, garbage can, rubbish can or other rubbish storage container; or
C.
Discards or abandons in any place accessible to children any chest, refrigerator or ice box having a capacity of 1.5 cubic feet or more with an attached lid or door, or who (being the owner, tenant, manager, person in possession or the like of any place accessible to children) knowingly permits a discarded or abandoned chest, refrigerator or ice box to remain in such place with the lid or door attached to it; or
D.
Discards or abandons in any place accessible to the public any television picture tube or television set containing any picture tube which has not been neutralized to eliminate the danger of implosion or explosion, or who (being the owner, tenant, manager, person in possession or the like of any place accessible to the public) knowingly permits a discarded or abandoned television picture tube or television set containing such a tube to remain in such place without the tube first having been neutralized to eliminate the danger of implosion or explosion.
[1]
Editor's Note: See 18 Pa.C.S.A.
[Added 3-24-1986 by Ord. No. 86-2[1]]
All refuse collected by the Borough refuse collection service (irrespective of whether that service is provided by the Borough work force or by an independent contractor retained or franchised by the Borough) shall be disposed of at the Borough solid waste disposal facility or, if that facility is abandoned by the Borough, or sold or otherwise transferred by the Borough to another person, shall be disposed of at those disposal facilities designated in the Solid Waste Management Plan for Mifflin County (as adopted by the Mifflin County Commissioners and by the Mifflin County Solid Waste Authority) and approved by the commonwealth, or, in the absence of such designated and approved facilities, shall be disposed of at another disposal facility approved by the commonwealth and acceptable to the Borough. (For the power of the Borough to impose the requirement that refuse be disposed of at certain designated facilities, see the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.304.)
[Adopted 10-16-1991 by Ord. No. 91-5 (Ch. 20, Part 2, of the 1986 Code)]
This article shall be known and may be cited as the "Borough Solid Waste Recycling and Solid Waste Reduction Ordinance."
A.
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act No. 101 of June 28, 1988, 53 P.S., § 4000.101 et seq.) requires the Borough to collect, transport, process and market certain recyclable materials and requires the Borough to establish and carry out a program for the source separation and collection of certain residential source-generated recyclable materials; a program for the source separation and collection of certain commercial, industrial, institutional, and municipal source-generated recyclable materials; and a program for ensuring that no leaves or yard wastes are disposed of in a municipal landfill. In order to carry out the programs mandated by the Municipal Waste Planning, Recycling and Waste Reduction Act, the Borough has established a residential recycling and collection program, a nonresidential recycling and collection program, a leaf disposal program, and a yard waste disposal program. These four programs, together with such additional recycling or disposal or collection programs as may be established by the Borough, shall comprise the Municipal Recycling Program of the Borough.
B.
The Municipal Waste Planning, Recycling and Waste Reduction Act and the Borough Code[1] empower the Borough to adopt regulations governing the administration and operation of its municipal recycling program and its component programs; and the Borough Code empowers the Borough to enforce the provisions of those regulations as well as the provisions of this article.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
C.
It is the intent and purpose of the Municipal Waste Planning, Recycling and Waste Reduction Act and it is the intent and purpose of this article, the programs established by the Borough in compliance with the mandates of the Act, and the program regulations adopted pursuant to this article to treat recyclable materials as a type of natural resource which should be recovered and conserved; to promote the use of recyclable materials and the use of goods produced from recyclable materials; to reduce the amount of solid waste or refuse which is disposed of in landfills and, thus, conserve existing landfill capacity; to reduce the adverse environmental effects of landfill disposal operations and reduce the cost of landfill disposal operations generally; and to address the public concern that the public's right to a reasonably clean and pure environment be protected and preserved.
B.
To the extent that the provisions of this article or the provisions of any program regulation adopted pursuant to this article impose greater restrictions, stricter prohibitions, higher standards or stricter regulations than Article I of this chapter, the provisions of this article or the provisions of the program regulation shall control and take precedence.
A.
When used in this article or in a regulation adopted pursuant to this article, words or terms used in the present tense include the future tense; words or terms used in the plural number include the singular number and the converse. The word "shall" is always mandatory and not merely permissive.
B. COMMUNITY ACTIVITY DEPARTMENT DEPARTMENT OFFICER INSTITUTIONAL ESTABLISHMENT ON-PROPERTY RECYCLABLE COLLECTION SYSTEM(1) (2) ON-PROPERTY RECYCLABLE COLLECTION STATION OWNER; PROPERTY PERSON PROGRAM REGULATIONS RECYCLABLE MATERIAL RECYCLING CONTAINER(1) (2) REFUSE SOLID WASTE SOURCE-SEPARATE (or a similar term) YARD WASTE
Unless otherwise expressly stated, the following words and terms when used in this article or in a program regulation adopted pursuant to this article shall have the meaning next ascribed to them:
A performance, exhibition, entertainment, festival, amusement, sports event, dance, concert, circus, carnival, fair or the like:
The Refuse Collection and Recyclable Collection Department of the Borough or the Department officers.
An employee in the Department who has been appointed by Council or authorized by the Borough Manager to perform the duties and carry out the responsibilities assigned by this article and by Article I of this chapter and to exercise the powers granted by this article and by Article I of this chapter.
A facility which houses or serves groups of people or which serves the public, as for example: a church, school, day-care center, hospital, nursing home, jail, library, post office, courthouse or stadium. Any establishment or use which is not a residential establishment or use, a commercial establishment or use, an industrial establishment or use, or a municipal establishment or use shall be deemed to be an institutional establishment.
A system on a property for collecting recyclable materials which meets the following minimum criteria:
The system has an on-property recyclable collection station which is in a location easily accessible to the occupants of the property and which is available for use by the occupants at times reasonably convenient to the occupants; and
The system has written instructions to the occupants of the property concerning the use and availability of the on-property recyclable collection station.
A dropoff collection point or area which is located indoors or outdoors on a property and which has containers, bins or the like for different classes of sorted recyclable materials, and into which the occupants of the property are to deposit (and thus surrender) their different classes of sorted recyclable materials.
Any individual, partnership, association, establishment, business firm, institution, charitable organization, community activity, profit or nonprofit corporation, government body, government agency, municipal authority, municipal body, municipal agency, or other entity.
The regulations adopted by the Borough Council pursuant to this article and governing the administration and operation of the Borough's Municipal Recycling Program and its component programs (such as the residential recycling and collection program, the nonresidential recycling and collection program, the leaf disposal program, the yard waste disposal program, and the Christmas tree disposal program).
A material which has been determined to be recyclable by the Borough (in accordance with the mandates of the Municipal Waste Planning, Recycling and Waste Reduction Act) and which has been designated by the program regulations as one to be source-separated (from other solid waste generated at the source) in order to be recovered, collected, processed and returned to the public in the form of a reusable material or product. In general, a recyclable material has two characteristics: a) what it is made of; and b) what it was last used for. By way of example, an aluminum can which was last used as a container for a carbonated beverage, soda, fruit juice, or beer is a recyclable material.
The blue container provided by the Borough (as part of its residential recycling and collection program) to residents in the Borough for the purpose of storing different classes of sorted recyclable materials, and the container to be placed or set out for collection by the Borough collection service at what is commonly referred to as the "curbside collection point"; or
The container approved by the Borough (for use in its nonresidential recycling and collection program) as a container for storing one or more classes of sorted recyclable materials.
Ashes, garbage, and rubbish (as each of these words is defined in Article I of this chapter), after all recyclable materials, leaves, yard waste, and Christmas trees have been removed therefrom. Until changed by a program regulation, grass clippings are to be considered as refuse and, thus, need not be separated and removed from refuse.
In general, for the purposes of the collection or disposal services which the Borough provides, "solid waste" is the term used for those things which a person discards and which fall into one of the following categories: recyclable materials; leaves; yard waste; refuse.
The duty of a person to separate recyclable materials, leaves, yard waste, and refuse from each other at the point where they are generated (or discarded). The saying is: "That which was generated (or discarded) at the source is to be separated at the source."
Brush, shrubbery and tree trimmings, yard or garden trimmings, and similar materials, after all grass clippings, leaves, recyclable materials, and refuse have been removed therefrom.
A.
General description of the residential program. This is the program for the source separation and collection of certain residential source-generated recyclable materials.
B.
General requirements; source separation and temporary storage. All individuals who reside in the Borough (whether on a permanent or temporary basis, but excluding transient guests in a hotel, motel or the like) shall source-separate (from the other solid waste generated by them at their homes, apartments, rooming houses or boardinghouses, or other residential establishments) those recyclable materials designated by the residential program regulations; shall sort those recyclable materials into the different classes prescribed by the residential program regulations; shall be responsible for the temporary storage of those different classes of sorted recyclable materials until they are placed in the recycling container; and shall be responsible for the temporary storage of the recycling container until it is placed or set out for collection by the Borough collection service (or in the case of an on-property recyclable collection system approved by the Department, until the different classes of sorted recyclable materials in the recycling container are surrendered at the on-property recyclable collection station).
C.
Points of collection.
(1)
Prior to the time when a scheduled collection of the recyclable materials is to be made at a property by the Borough collection service (and except as provided in Subparagraph B below), all recycling containers which contain the recyclable materials to be collected shall be placed or set out by the owner or occupant of the property at the outdoor location which is described in § 200-4E, Point of collection, of Article I of this chapter, and which is commonly referred to as the "curbside collection point."
(2)
In the case of a property which has four or more apartments or dwelling units and which has an on-property recyclable collection system approved by the Department, the collection of recyclable materials from the property by the Borough collection service shall be made at the on-property recyclable collection station or at a transfer point on the property prescribed by the Department.
A.
General description of the nonresidential program. This is the program for the source separation and collection of certain commercial, industrial, institutional, and municipal source-generated recyclable materials.
B.
General requirement; source separation and temporary storage. Each commercial, industrial, institutional and municipal establishment in the Borough shall source-separate (from the other solid waste generated at the establishment) those recyclable materials designated by the nonresidential program regulations; shall sort those recyclable materials into the different classes prescribed by the nonresidential program regulations; shall arrange for the collection of those different classes of sorted recyclable materials; and shall be responsible for the temporary storage of the different classes of sorted recyclable materials until they are collected.
C.
Arrangements for collection. The arrangements for the collection of the recyclable materials referred to in Subsection B shall be the responsibility of the person in charge of the establishment which generates the recyclable materials. Subject to the provisions of Subsection D, the arrangements for collection may include:
(1)
Direct marketing of one or more classes of the recyclable materials, with delivery to the market or a market dropoff point or with collection by the market or a hauler for the market;
(2)
Delivery of one or more classes of the recyclable materials to, or collection of one or more classes of the recyclable materials by, a person engaged in the business of collecting and hauling recyclable materials;
(3)
Direct delivery of one or more classes of the recyclable materials to the Borough Collection and Storage Facility; or
(4)
Collection of the recyclable materials by the Borough collection service.
D.
Contracts (see also Subsection F). In the absence of any extenuating circumstances, any arrangement made under Subsection C shall be made for no less than a twelve-month period; shall provide that the recyclable materials which are the subject of the arrangement are to be delivered or collected at least once every 30 days; shall be in the form of a written contract (a true and complete copy of which shall be filed with the Department); and shall be subject to the reporting and verification procedures in Subsection E.
E.
Reporting and verification procedures.
(1)
Except in the case of an arrangement made with the Borough under Subsection C(3) or (4), the person responsible for making the collection arrangement under Subsection C shall (in accordance with the mandate of Section 1501 of the Municipal Waste Planning, Recycling and Waste Reduction Act[1]) submit a report to the Department as to the type of, and the weight or volume of, the recyclable materials delivered or collected under Subsection C. The report shall be submitted on a form prescribed by the Department and shall be submitted by no later than the 15th day of the calendar month following the calendar month in which the recyclable materials were delivered or collected.
[1]
Editor's Note: See 53 P.S. § 4000.1501.
(2)
The Department officers shall have the duty and the power to inspect or investigate the operation of any collection arrangement made under Subsection C in order to ensure and verify that the operation is being conducted in accordance with the terms and provisions of the collection arrangement and that the reports referred to in Subsection E(1) above are true and complete. In connection with any inspection or investigation made pursuant to this Subsection E(2), the Department officers shall have the right to inspect the containers, storage areas, equipment, facilities, vehicles, books, records, logs, papers and the like used in or pertinent to the operation of the collection arrangement.
F.
Existing contracts; renewal contracts or new contracts.
(1)
Nothing in Subsection C or D shall be construed to interfere with the provisions of any existing written contract (for the marketing, sale, collection, delivery, hauling or processing of recyclable materials) which was in effect on October 21, 1991, and which complies with the requirements of the Municipal Waste Planning, Recycling and Waste Reduction Act. However, the recognition or the full faith and credit given by the Borough to the contract shall not constitute a waiver of the reporting and verification procedures in Subsection E, and the activity or operation which is subject of the contract shall be subject to the reporting and verification procedures in Subsection E.
(2)
No renewal of an existing written contract upon the expiration of the current term of the contract and no new written contract (for the marketing, sale, collection, delivery, hauling, or processing of recyclable materials) shall be entered into after October 21, 1991, unless such renewal or such new contract complies with the provisions of Subsections C and D.
A.
All persons who rake and gather leaves in the Borough shall keep the leaves separated from grass clippings, yard waste, recyclable materials, and refuse.
B.
Except as provided in Subsection C below, the only permitted method for disposing of leaves shall be:
(1)
The placing of the leaves in plastic bags; and
(2)
Seasonally:
(a)
During the Fall season, placing or setting out the bagged leaves for collection by the Borough collection service at those times which are specially scheduled by the Borough for the Fall collection of bagged leaves; or
(b)
During the Winter, Spring and Summer seasons, making arrangements with the Borough for the collection of the bagged leaves; or
(c)
Delivering the bagged leaves to the Borough Leaf Waste Collection Facility or to the Mifflin County Solid Waste Authority Leaf Waste Composting Facility.
C.
The use of leaves for mulch or for making compost — or the use of leaves for agricultural, horticultural, gardening, or landscaping purposes — are permitted methods for disposing of leaves. Indeed, they are the preferred and recommended methods for disposing of leaves.
A.
All persons who generate yard waste in the Borough shall keep the yard waste separated from grass clippings, leaves, recyclable materials, and refuse.
B.
Except as provided in Subsection C below, the only permitted method for disposing of yard waste shall be:
(1)
Cutting the yard waste into lengths not to exceed four feet and securely tieing the lengths into a bundle not larger than two feet wide, two feet high, and four feet long and weighing not more than 40 pounds; and
C.
The use of yard waste for mulch or for making compost — or the use of yard waste for agricultural, horticultural, gardening, or landscaping purposes — are permitted methods for disposing of yard waste. Indeed, they are the preferred and recommended methods for disposing of yard waste.
A.
Except as provided in Subsection B below, the only permitted method for disposing of a Christmas tree shall be:
(1)
Placing or setting out the Christmas tree for collection by the Borough collection service at that time during January which is specially scheduled by the Borough for the collection of Christmas trees; or
(2)
If disposal is to be made at a time other than that referred to in Subsection A(1) above, making arrangements with the Borough for the collection of the Christmas tree; or
(3)
Delivering the Christmas tree to the Borough Yard Waste Collection Facility; or
B.
The use of a Christmas tree for mulch or for making compost — or the use of a Christmas tree for agricultural, horticultural, or gardening purposes — are permitted methods for disposing of a Christmas tree.
A.
Residential recycling and collection program.
(1)
Subject to the provisions of § 200-27, the Borough shall be deemed to be the owner of all recyclable materials placed or set out for collection by the Borough collection service at the curbside collection point, and the ownership of these recyclable materials shall be deemed to have vested in the Borough at the time when the recyclable materials were placed or set out at the curbside collection point.
(2)
Subject to the provisions of § 200-27, the Borough shall be deemed to be the owner of all recyclable materials surrendered at an on-property recyclable collection station, and the ownership of these recyclable materials shall be deemed to have vested in the Borough at the time when the recyclable materials were surrendered at the on-property recyclable collection station.
(3)
Until the time when ownership of the recyclable materials is deemed to have vested in the Borough under Subsection A(1) or (2) above, the person who is the owner of the recyclable materials may donate or sell the recyclable materials to any other person; provided, however, that the person receiving the recyclable materials shall not collect, pick up, or otherwise take delivery of those recyclable materials from any outdoor location which is within 15 feet of a curbside collection point or an on-property recyclable collection station (or a transfer point for the recyclable collection station) unless the donor or seller is present.
B.
Nonresidential recycling and collection program. Subject to the provisions of § 200-27, the Borough shall be deemed to be the owner of all recyclable materials which, pursuant to an arrangement made with the Borough under § 200-22C(3) or (4), are to be delivered to the Borough Collection and Storage Facility or collected by the Borough collection service, and the ownership of these recyclable materials shall be deemed to have vested in the Borough as of the date specified (in the written contract referred to in § 200-22D) as the date when delivery or collection is to begin.
C.
Municipal disclaimer of responsibility and liability. Nothing contained in Subsection A or B above shall impose any responsibility or liability upon the Borough, the Department or a Department officer, or upon any other officer, official, staff member, or employee of the Borough:
(1)
For any act, event or circumstance occurring; or
(2)
For any injury or damage suffered or incurred by any person in connection with or arising out of any act, event or circumstance occurring prior to the time when the recyclable materials deemed to be owned by the Borough are actually collected by the Borough collection service or actually delivered to the Borough Collection and Storage Facility.
A.
The Borough will refuse to collect or to accept delivery of:
(1)
Any material which, although deemed to be recyclable by others, is not a material designated by the applicable program regulations of the Borough as a recyclable material.
(2)
Any recyclable materials which have not been properly sorted and prepared for collection by the Borough collection service, or which have not been properly sorted and prepared for delivery to the Borough Collection and Storage Facility, in accordance with the requirements prescribed by the applicable program regulations.
(3)
Any recyclable materials of one class which are improperly mixed with recyclable materials of another class.
(4)
Any recyclable materials which have grass clippings, leaves, yard waste, or refuse mixed in with the recyclable materials.
(5)
Any refuse which has recyclable materials, leaves, or yard waste mixed in with the refuse.
B.
If the Borough refuses to collect or to accept the delivery of any recyclable materials, the Borough's ownership of the recyclable materials shall be deemed to have reverted to (and thus to have revested in) the former owner of the recyclable materials.
A.
Adoption by reference.
(1)
Pursuant to the power granted the Borough Council by the Borough Code,[1] the following program regulations for the following purposes are hereby adopted for use in the Borough:
(a)
For the purpose of governing the administration and operation of the Residential Recycling and Collection Program, there is hereby adopted, effective November 4, 1991, "The Regulations for the Residential Recycling and Collection Program." These regulations may be cited or referred to in short as the "residential program regulations."
(b)
For the purpose of governing the administration and operation of the Nonresidential Recycling and Collection Program, there is hereby adopted, effective November 4, 1991, "The Regulations for the Nonresidential Recycling and Collection Program." These regulations may be cited or referred to in short as the "nonresidential program regulations."
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
(2)
These program regulations are incorporated in this article by reference and shall be deemed to be as much a part of this article as if set out in full in this article.
B.
Three copies of each of the program regulations referred to in Subsection A have been filed in the office of the Borough Secretary. This office is located in the Lewistown Municipal Building. The copies may be examined at the office of the Borough Secretary Monday through Friday, except holidays, during the hours from 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m.
C.
Borough Council may from time to time adopt amendments to the provisions of the program regulations or adopt program regulations for such additional recycling or disposal or collection programs as may be established. Before Council takes official action on a proposed amendment or on the proposed program regulations for an additional program, Council shall publish an informative notice of its intention to consider the proposed amendment or the proposed program regulations. The notice shall contain: the date, time and place of that public meeting of Council at which the Council will consider the adoption of the proposed amendment or the proposal program regulations; a brief summary (but in such reasonable detail as will give adequate notice) of the subject matter of the proposed amendment or the proposed program regulations; and a reference to the place in the Lewistown Municipal Building where, and the days and times during which, copies of the proposed amendment or the proposed program regulations may be examined. The notice shall be published once in a daily newspaper of general circulation within the Borough not more than 20 days and not less than seven days before the date of the public meeting at which Council will consider the adoption of the proposed amendment or the proposed program regulations.
D.
In accordance with the requirements of the Municipal Waste Planning, Recycling and Waste Reduction Act, the Borough will conduct a comprehensive and sustained public information and education program concerning the provisions and requirements of this article, the program regulations referred to in Subsection A of this section, any amendments to those program regulations, and any program regulations adopted for such additional recycling or disposal or collection programs as may be established.
A.
The Refuse Collection and Recyclable Collection Department of the Borough shall be under the supervision of the Borough Manager.
B.
Because this article (the "Borough Solid Waste Recycling and Solid Waste Reduction Ordinance") of this chapter is auxiliary to Article I (the "Borough Refuse Collection Ordinance") of this chapter, and because Article I and Article II are intended to be mutually reciprocal and complementary wherever possible (but see, § 200-19B), the words "Borough Manager or Refuse Collection and Recyclable Collection Department officer" are substituted in Article I for the words "Borough Manager" and "Borough Manager or his authorized representative" wherever these words appear in Article I; the words "Article I and/or Article II" are substituted in Article I for the word "article" wherever this word appears in Article I (except §§ 200-1 and 200-2) the words "refuse or other types of solid waste" are substituted in § 200-3B of Article I for the word "refuse"; and the words "refuse collection regulations of Article I or program regulations of Article II" are substituted in Article I for the words "regulations of the Borough Manager" (or similar words) wherever these words appear in Article I.
C.
D.
Because this article is auxiliary to Article I and because Article I and Article II are intended to be mutually reciprocal and complementary, the provisions of § 200-3B and C of Article I shall govern the administration and enforcement of this article and the program regulations of this article, and the provisions of § 200-3D (Appeals) of Article I shall be applicable to and govern appeals under this article.
A.
Because this article of this chapter is auxiliary to Article I of this chapter, and because Article I and Article II are intended to be mutually reciprocal and complementary, the penalty provisions of § 200-14 of Article I shall also be applicable to this article and the program regulations of this article. Accordingly, any person who violates any requirement or provision of this article or the program regulations of this article, or who fails to carry out an order of the Borough Manager or an order of an officer in the Refuse Collection and Recyclable Collection Department, shall be subject to the penalties set forth in § 200-14A and B of Article I.
B.
The imposition of a penalty under § 200-14 or 200-15 of Article I or under this section or § 200-31 of this article shall not preclude the Borough or the Pennsylvania Department of Environmental Protection from exercising the remedies referred to in § 200-14C of Article I. The words "refuse or other types of solid waste" are substituted in § 200-14C of Article I for the word "refuse."
A.
It shall be unlawful for:
(1)
Any person (other than the Borough collection service or the Refuse Collection and Recyclable Collection Department) to collect, pick up, take delivery of, or otherwise receive any recyclable materials as to which the ownership of the recyclable materials is deemed to have vested in the Borough.
(2)
Any person to damage or destroy or alter or mix (other than by accident), tamper with, change, vandalize or remove any recyclable materials as to which the ownership of the recyclable materials is deemed to have vested in the Borough.
(3)
Any person to damage or destroy (other than by accident), vandalize or steal any recycling container owned by the Borough.
(4)
Any person to disturb or scatter (other than by accident) the contents of any recycling container, the contents of any on-property recyclable collection station, or the contents of or the materials located at any transfer point or the like; any leaves bagged for disposal under § 200-23B; any yard waste bundled for disposal under § 200-24B; or any Christmas tree placed or set out for collection by the Borough under § 200-25A(1) or (2).
B.
Prosecution. A person who violates § 200-31A(1), (2) or (3) shall be prosecuted under the provisions of § 180-1 et seq. of Chapter 180, Property, Public, Article I, Tampering With, Damaging or Destroying, of the Code of the Borough. A person who violates Subsection A(4) of this section shall be prosecuted under the provisions of Section 6501 of the Pennsylvania Crimes Code.[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 6501.
The provisions of Article I of this chapter, this article, the refuse collection regulations of Article I, and the program regulations of this article are severable, and if any provision of one of the foregoing shall be held to be illegal, invalid or unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of Article I, Article II, the refuse collection regulations of Article I, and the program regulations of Article II. It is hereby declared to be the intent of the Borough Council that Article I, Article II, the refuse collection regulations of Article I, and the program regulations of Article II would have been enacted or adopted if such illegal, invalid or unconstitutional provision had not been included.