[HISTORY: Adopted by the Borough Council of the Borough of
North East as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-9-1991 by Ord. No. 742]
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms used in this article shall be as follows:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All empty aluminum beverage or food cans.
Empty foil or beverage containers consisting of steel and
aluminum.
The Borough of North East, Erie County, Pennsylvania.
The entity or entities authorized by the Borough to collect
recyclable materials from residences or authorized by commercial,
municipal and institution establishments that do not receive collection
services from the Borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, festivals,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges. Cardboard is considered to be corrugated
paper.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Not be limited to automotive, truck and industrial batteries
that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at affixed or varying intervals. Expressly excluded are all other
paper products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Any garbage, refuse, industrial lunchroom or 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 in
the Solid Waste Management Act[2] 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 intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts in colors other than black
and white often, included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Borough may stipulate specific types
of plastic which may be recycled. Examples of such containers include
plastic soda bottles and milk jugs.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
and can be separated from municipal waste and returned to commence
to be reused as a source in the development of useful products. "Recyclable
materials" may include, but are not limited to, clear glass, colored
glass, aluminum, steel and bimetallic cans, high-grade office paper,
newsprint, corrugated paper, leaf waste, plastics and any other items
selected by the Borough or specified in future revisions to Act 101.
The recyclable materials selected by the Borough may be revised from
time to time as deemed necessary by the Borough.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed 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.
A legal entity other than the Borough which has registered
with the Borough to receive recycling materials and demonstrated to
the Borough its ability to receive recyclable materials in compliance
with this article. Registration shall not be required of reception
centers which do not collect recyclable materials from sources thereof,
but only receive such materials by delivery thereof by the sources
of same.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure.
Those materials separated at the point of origin for the
purpose of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There is hereby established by the Borough a recycling program
to provide for the mandatory separation, collection and recycling
of specifically identified recyclable materials and the separation
and composting of leaf waste from all residences and from all commercial,
municipal and institutional establishments and all community activities
as defined in this article located in the Borough. Collection of the
recyclable materials shall be made at least once per month by the
Borough or its designated agent from residences and by any other solid
waste collectors operating in the Borough and authorized to collect
recyclable materials from commercial, municipal or institutional establishments.
In accordance with Act 101, the North East Borough Recycling Program
shall include a sustained public information and education program.
North East Borough is hereby empowered to modify or amend the provisions
and requirements of the recycling program as necessary.
[Amended 11-3-1997 by Ord. No. 776]
A.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough by this article
or amendments thereto, from all other municipal waste produced at
their homes, apartments and other residential establishments, store
such materials for collection and shall place same for collection
in accordance with the guidelines established hereunder:
(1)
Persons in residences must separate the following recyclable materials
from other refuse: aluminum, clear glass and colored glass, ferrous
cans and newsprint. Recyclable material must be cleaned and free of
residue, metal rings and other nonglass attachments and shall be placed
at the curbside in containers provided by the Borough or, by arrangement
with Borough officials to any designated reception center for recyclable
material which centers may be designated by resolution of Council.
The designated recyclable material shall be placed separately in separate
containers to be collected at least once per month on a schedule to
be determined by the Borough. Any containers provided to residences
for collection of recyclable materials shall be the property of the
Borough and shall be used only for the collection of recyclable materials.
Any resident who moves within or from the Borough shall be responsible
for returning the allocated container(s) to the Borough or pay the
replacement cost of said container(s). Use of recycling containers
for any purpose other than the designated recycling program or use
of the recycling containers by any person other than the person allocated
such container(s) shall be a violation of this article. It shall be
the responsibility of the resident to whom the recycling containers
are issued to replace all lost, stolen or damaged containers at no
cost to the Borough. No containers shall be placed at the curb for
collection prior to 6:00 p.m. prevailing time on the day prior to
the scheduled day of collection, except that during the months of
November, December, January, and February, a container may be placed
at the curb for collection no earlier than 4:00 p.m. on the day prior
to the scheduled day of collection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing property with four or more units may comply with its
recycling responsibilities by establishing a collection system at
each property. The collection system must include suitable containers
for collecting and sorting the recyclable materials, easily accessible
locations for the containers and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords and agents of owners or landlords who comply with this article
shall not be liable for noncompliance of occupants of their buildings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
If recyclable materials are collected by a collector other than the
Borough or its authorized agent, owners, landlords and agents of owners
or landlords shall submit an annual report to the Borough reporting
the tonnage of materials recycled during the previous year. Said report
shall be submitted to the Borough on forms provided by the Borough
prior to January 15 of each year for the recycling period ending December
31 of the previous year.
B.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments unless
those persons have otherwise provided for the composting of leaf waste.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper and leaf waste generated at commercial, municipal and institutional
establishments and from community activities and store these recyclable
materials until collection. If these recyclable materials are collected
by a collector other than the Borough or its authorized agent, occupants
of said establishments shall submit an annual report to the Borough
reporting the tonnage of materials recycled during the previous year.
Said report shall be submitted to the Borough on forms provided by
the Borough prior to January 15 of each year for the recycling period
ending December 31 of the previous year.
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this article shall, from time of placement at the curb or similar location, become the property of the Borough or the authorized collector, except as otherwise provided by § 382-7 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside or similar location for collection by the Borough or its authorized agents. The Borough may require documentation of private recycling efforts within the Borough including recycling by individual residences.
It shall be a violation of this article for any person, firm
or corporation, other than the Borough or one authorized by the Borough
or other entity responsible for providing for collection of recyclable
materials, to collect recyclable materials placed by residences or
commercial, municipal and institutional establishments for collection
by the Borough or any authorized collector, unless such person, firm
or corporation has prior written permission from the generator to
make such collection. In violation hereof, unauthorized collection
from one or more residences or commercial, municipal and institutional
establishments on one calendar day shall constitute a separate and
distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not; provided, that the receiving
person, firm or corporation shall not collect such donated recyclable
materials from the collection point of a residence or commercial,
municipal or institutional establishment without being designated
as a recyclable material reception entity from the Borough or other
entity responsible for authorizing collection of recyclable materials
to make such a collection. It shall be unlawful for any unauthorized
collector to collect recyclable materials from any residence once
said recyclable materials are placed at the curb or similar location.
Disposal by persons of recyclable materials as defined and designated
by the Borough for collection herein with wastes is prohibited and
shall be a violation of this article. The collected recyclable materials
shall be taken to a recycling facility. Disposal by collectors or
operators of recycling facilities of source-separated recyclable materials in landfills
or resource recovery facilities is prohibited unless markets do not
exist and the collectors or operators have notified the Borough in
writing. The circumstance of a recycling facility charging the collector
for the delivery of recyclable materials shall not necessarily constitute
that markets do not exist.
[Added 11-5-2001 by Ord. No. 805]
The disposal of recyclable materials as "recyclable materials"
are defined in this article, including but not limited to leaf waste,
by any form of burning or incineration within the Borough of North
East or by the collectors of recyclable materials collected from within
the Borough of North East is prohibited.
The commercial, institutional and municipal establishments as
defined herein shall be responsible to provide for the proper recycling
of all required recyclable materials identified by this article. Such
establishment may contract with the Borough or any individual or company
which may provide such service at a fee to be agreed upon by both
parties.
[Amended 11-3-1997 by Ord. No. 776]
A.
The Borough is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this article
as deemed necessary including, but not limited to:
(1)
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by commercial, municipal and institution establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
and disposal of leaf waste.
B.
Any person, firm or corporation who shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first and second offenses. Thereafter all such violations
shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or corporation who
shall violate any provision of this article shall, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable, by a fine
of not less than $50 nor more than $1,000, plus court costs and reasonable
attorneys’ fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough correctional facility for a period not exceeding 10 days or
to the county correctional facility for a period not exceeding 30
days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Erie County. The fines shall, in addition
to being collected by all other legal remedies for collection, be
added as an additional charge to the convicted person's refuse
bill.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The Borough hereby makes it a violation of this article for any collector
operating in the Borough to willfully and knowingly collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
E.
The Borough believes that the implementation of its recycling program
will benefit the residents of the Borough. Incentives to recycle include
valuable environmental and financial concerns such as the avoidance
of expensive solid waste disposal fees and saving of energy and material
resources as well as promoting a greater efficiency in the local economy.
An added incentive is that the Borough may be eligible for state performance
grants depending upon the level of recycling achieved throughout the
Borough.
The Borough may, from time to time as it deems necessary, modify,
add to or delete from the standards and regulations herein and as
authorized in this article.
[Adopted 4-2-2018 by Ord.
No. 901]
A.
In the
interpretation of this section, the present tense includes the future;
the singular number includes the plural and the plural includes the
singular; and the word "person" includes natural person, property
owner, company, trust, individual, partnership, firm, association,
corporation, or entity of any kind.
B.
CONSTRUCTION REFUSE
GARBAGE
HOUSEHOLD REFUSE
PERSON
UNACCEPTABLE SOLID WASTE
The following
terms shall have the definitions assigned:
Material resulting from construction activities such as building
and remodeling of residential dwellings and commercial structures.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
sanitary sewage or industrial waste.
Containers commonly abandoned from household, such as cereal
boxes, soup cans, glass jars or bottles, milk cartons, grocery cartons,
plastic bottles, paper bags, etc.
A natural person, firm, copartnership, association, or corporation.
Including but not limited to automobile and truck tires and
automobile and truck batteries, or any toxic or hazardous material
or any other material determined to be unacceptable by resolution
of the Borough Council from time to time.
No person shall keep or suffer to remain upon the premises thereof
any garbage/household refuse except as herein provided. Pending disposal
as hereby authorized, garbage/household refuse are to be stored in
covered, approved containers only in such limited quantities and for
such limited period of time as shall insure that no annoyance, nuisance
or health hazard shall be created or maintained thereby.
No person except the Borough of North East or approved contractors
shall collect garbage/household refuse within the Borough from any
person for disposal.
No garbage/household refuse, whether or not in containers, shall
be placed at the curb for collection earlier than 6:00 p.m., on the
day prior to the next scheduled collection; except that during the
months of November, December, January and February, garbage/household
refuse, whether or not in containers, shall be placed at the curb
for collection no earlier than 4:00 p.m., on the day prior to the
next scheduled collection.
A.
Garbage/household refuse containers shall be kept sanitary and thoroughly
cleaned as is reasonably necessary. Each person shall be responsible
for the policing of his own garbage/household refuse should it become
scattered due to wind, animals, rodents or other causes.
B.
Garbage/household refuse containers shall be watertight, of metal
or plastic construction, and provided with a fitted cover or contain
sealed plastic bags.
C.
Garbage/household refuse containers shall have a capacity of not
greater than 35 gallons.
D.
Garbage/household refuse shall be free of all liquids and wrapped
before being placed in the container, other than an electric garbage
disposal which discharges into the sanitary sewer system.
E.
Garbage/household refuse containers shall be maintained in good condition
free of any defects liable to hamper or injure the collector.
F.
Garbage/household refuse containers shall be stored beyond view from
the street or streets adjoining the premises.
G.
Garbage/household refuse containers shall have a capacity no greater
than can be controlled by one man.
H.
Construction refuse shall be placed and kept in a dumpster provided
by the Borough or approved contractor.
I.
No unacceptable solid waste shall be placed for collection.
J.
All garbage/household refuse must originate from the property in
which it is being collected. No outside garbage/household refuse will
be collected.
A.
Collections of garbage/household refuse from homes shall be made
weekly.
B.
Collections of garbage/household refuse shall be made between the
hours of 7:00 a.m. and 4:00 p.m., except in emergency situations.
C.
Collections shall be made from the curb of the street fronting the
premises.
D.
Unacceptable solid waste which is identified by the Borough as such
prior to collection may, at the Borough's option, be refused
in which event it shall be removed from the curb by the party seeking
to dispose of the waste by 6:30 p.m., which party shall thereafter
dispose of the waste at the party's expense in accordance with
applicable laws and regulations.
The rates of charge for collection and disposal of garbage/household
refuse either by collection of the garbage/household refuse at the
curb or by means of disposal unit discharging into the sanitary sewer
system of the Borough or by combination thereof, and for collection
and disposal of garbage/household refuse shall be as follows:
A.
A single-family dwelling: $60/quarter (payable as billed).
B.
A multiple-family dwelling: $60/quarter/dwelling unit (payable as
billed)
C.
A commercial activity which is any activity producing garbage/household
refuse in excess of that normally produced by either of the above
two categories and/or is for commercial purposes, shall pay $81/quarter.
Contractors and other parties requesting intermittent service shall
be charged a flat rate for each placement and removal of a dumpster
as determined by the resolution of the Borough Council from time to
time.
D.
Dumpsters provided to residential or commercial customers will be
billed based upon placement and/or removal and dumping of each size
dumpster. The fees per dumpster differentiation are listed as below
and may be modified from time to time by resolution of the Borough
Council.
E.
Additional charges for unacceptable solid waste. In addition to any
charges provided herein, additional charges may be assessed for the
disposal of unacceptable solid waste which the Borough accepts. Said
charges shall be equal to the total of any and all costs incurred
by the Borough to dispose of said items and shall be due and payable
from the party who placed the unacceptable solid waste for collection.
F.
In the event the Borough, by reason of the failure of any party to
pay the rates and additional charges provided for hereinabove, files
suit or liens meaning to collect same, the costs of said suit and/or
liens, including attorney fees, shall be payable in addition to the
rate and additional charges.
G.
All rates and additional charges are payable by the owner of the
premises at which the service is provided whether the material placed
for collection is placed by the owner(s) thereof or tenant(s) of the
owner.
H.
All garbage/household refuse customers must be the owner of the property
by recorded deed in order to open, maintain or close a garbage/household
refuse billing account. Tenants of single or multiunit dwellings shall
not have separate accounts with the Borough but rather must make payments
to their landlord for their portion of the quarterly garbage/household
refuse bill.
I.
Persons who place materials for collection at premises of which they
are neither the owner nor a tenant of the owner shall be responsible
for the payment of the rates and additional charges provided hereunder.
A.
Garbage/household refuse customers who fail to pay charges within
30 days of the billing date, therefor, as set forth in the garbage/household
refuse bill, shall thereafter be subject to:
B.
Garbage/household refuse customers for whom a lien is filed shall
thereafter pay interest at the rate of 15% per annum upon the unpaid
balance of any such lien from the date of said liens filing.
C.
Quarterly payments for garbage/household refuse shall be due and
payable by the last day of the first month following after the end
of the calendar quarter for which the billing is issued. Monthly payments
for garbage/household refuse shall be due and payable by the last
day of the month following the month for which the bill is issued.
D.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys’ fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Erie County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Garbage/household refuse customers shall be subject to termination
of water service by reason of the failure to pay garbage/household
refuse rate as established by this article of the Borough in accordance
with the laws of the Commonwealth of Pennsylvania.
The provisions of this article are severable; and if any of
its provisions shall be held invalid, the same shall not affect or
impair the remaining provisions, which would have been enacted had
such invalid provisions not been included herein.
The within article shall take effect during the fourth quarter
billing cycle of 2018.
