[Ord. 3-98, 10/6/1998, § 1]
For the purpose of this Part, the following terms, phrases or
words shall have the meanings ascribed to them in this Section except
where the context in which the word is used clearly indicates otherwise.
Residue from the burning of wood, coal, coke, paper or other
combustible material.
The Borough of Biglerville, Adams County, Pennsylvania, the
Mayor and the Borough Council of Biglerville.
That individual, partnership, firm, corporation or business
entity designated by the Borough Council by means of an independent
contract as the person having the exclusive right to collect refuse
within the Borough, but shall not be construed as meaning that said
person is an employee, official or representative of the Borough.
Any multi-unit business center exceeding four units, agricultural,
commercial, institutional or industrial firms.
The use of any premises as other than a dwelling and shall
include hotels, boarding and lodging houses, tourist cabins, motels
and trailers.
The receptacle in which refuse is placed for collection,
including cans, boxes and plastic bags; provided, however, that they
are so constructed so as to be fit for permanent use or in the case
of bags, for one time use.
The County of Adams, Commonwealth of Pennsylvania.
Waste materials consisting of stones, brick, plaster, broken
concrete or earth, in such quantity and size as shall not violate
the restriction hereinafter set forth with respect to size and weight
of containers.
A building used for residential purposes but shall not include
hotels, boarding and lodging houses, tourist cabins, motels and trailers,
which shall be considered commercial establishments.
All animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
Garbage, rubbish, ashes, debris, industrial lunchroom or
office waste and other materials, including solid, liquid, semisolid
or contained gaseous material resulting from operation of residential,
municipal, commercial or institutional establishments or from community
activities.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Those materials which may be processed or refabricated for
reuse and which are specified by the Borough and the County for separation
from the regular municipal waste. Such materials may include, but
not be limited to, aluminum cans, bimetal or tin containers, clear
and colored glass containers, newspapers and plastic beverage containers.
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed or processed
as municipal waste.
Any residential unit occupied by persons other than the owners
of the property on a lease basis.
Any customer, including multifamily dwelling units and mobile
home parks, small business establishments, churches, municipal offices
and such other places not fitting within the definition of commercial
customer.
All solid household wastes, except body wastes, other than
garbage, ashes, yard waste and debris, such as magazines, glass other
than containers, ceramics, plastics other than beverage containers
and laundry detergent containers, small scraps of wood, etc.
Grass clippings, leaves, garden residues, shrubbery, tree
trimmings and similar biodegradable organic matter.
[Ord. 3-98, 10/6/1998, § 2]
1.
It shall be mandatory for every rental unit within the Borough to have all their municipal waste collected in accordance with the schedule set forth in § 20-104 of this Part. Said collection shall be completed by the Borough collector and the owner of the rental unit shall be responsible for the payment of the costs of said collection in accordance with this Part. It shall be mandatory for every commercial customer within the Borough to have their municipal waste collected at least once per week or more often, if necessary. The commercial customer shall be responsible for contracting with a trash hauler, which may or may not be the Borough collector, and the commercial customer shall be responsible for the payment of the costs of said collection.
2.
Municipal waste collection for residential customers, other than
those occupying rental units, shall be voluntary. Any residential
customer desiring municipal waste collection shall contact the Borough
collector.
[Ord. 3-98, 10/6/1998, § 3]
It shall be unlawful for any person other than the Borough collector
to collect and haul municipal waste and/or recyclable materials from
residential customers, including rental units, within or from the
Borough. No residential customer may contract with any hauler of municipal
waste and/or recyclable materials unless such hauler is authorized
to collect municipal waste within the Borough pursuant to this Part.
A commercial customer may contract with a person other than the Borough
collector, provided such person is licensed to collect municipal waste
and/or recyclable materials by the County. This Part shall not interfere
with the ongoing recycling efforts of the Adams Rescue Mission.
[Ord. 3-98, 10/6/1998, § 4]
1.
All municipal waste, excluding those items set forth in subsection (2) of this Section, generated by residential customers shall be collected once a week at a time set by the Borough collector and approved by the Borough. The maximum quantity of municipal waste allowed for each dwelling and/or dwelling unit for each collection day shall be five containers weighing not more then 75 pounds each nor exceeding a volume of 32 gallons each.
2.
All tree trimmings, hedge clippings and similar yard waste shall
be cut in lengths not exceeding three feet and shall be securely tied
in bundles not exceeding 40 pounds in weight.
3.
All commercial customers shall be required to make arrangements directly
with the Borough collector or another person licensed by the County
for collection of their municipal waste. Such collection shall not
be less often than weekly and shall be intervals short enough to prevent
unsafe, unsightly or unsanitary accumulations of municipal waste.
Commercial customers shall be permitted to place a dumpster or other
similar container for the disposal of municipal waste on its premises,
provided such container does not interfere with the flow of traffic
around the commercial establishment.
[Ord. 3-98, 10/6/1998, § 5]
Containers shall be of durable watertight rust-resistant material
having a close-fitting lid and handles to facilitate collection. All
containers shall be kept in good and sanitary condition without the
accumulation of residue of liquids, solids or a combination of such
material on the bottom or sides of the container. Any container that
does not conform with this Part or that is likely to injure the Borough
collector or his employees or hamper the prompt collection of municipal
waste shall be replaced upon notice. Failure to replace said defective
container may result in the loss of municipal waste collection until
such time as the container is replaced.
[Ord. 3-98, 10/6/1998, § 6; as amended by Ord.
No. 1-2017, 6/6/2017]
Containers shall be placed for collection at ground level on
the property, not within the cartway of a street or alley and accessible
to and not more than 10 feet from the side or curb of the street or
alley from which collection is made. No container(s) shall be permitted
to be placed at the curbside or along a public right-of-way earlier
than one day before the designated pickup. Containers must be removed
within 12 hours after collection.
[Ord. 3-98, 10/6/1998, § 7]
Every residential customer and commercial customer within the
Borough desiring recyclable materials collection from the Borough
collector shall be required to separate all recyclable materials from
municipal waste and place such recyclable materials in a specially
designated container to be provided by the Borough collector at the
residential customer's or the commercial customer's expense.
The residential customer and the commercial customer shall separate
the following recyclable materials: newspapers, aluminum cans, bimetal
cans, clear and colored glass containers, plastic PET #1 and HDPE#2
beverage containers and detergent containers. All recyclable materials
shall be placed at the curbside for collection in the same manner
and at the same time as other municipal waste.
[Ord. 3-98, 10/6/1998, § 8]
1.
Fees for Residential Customers.
A.
The fees for collection and disposal of municipal waste from residential
customers shall be at a rate as established by a contract approved
by the Borough with the Borough collector and shall be subject to
change as the volume of municipal waste collected or collection costs
vary. The Borough shall also specify a recycling fee.
B.
The fees set forth herein shall be billed and collected by the Borough
collector. Such fees shall be billed not less often than quarterly.
The fee for municipal waste disposal shall be the responsibility of
the dwelling unit owner or rental unit owner that contracted for service.
2.
Fees for Commercial Customers.
A.
The fees for collection and disposal of municipal waste from commercial
customers shall be negotiated between the commercial customers and
the person licensed by the County to contract for collection and disposal
and contracted to collect and dispose of such municipal waste. The
Borough shall have no control over fees set for commercial customers.
B.
The fees set for collection of municipal waste of commercial customers
shall be paid by the owner, tenant, lessee or occupant of the premises
no less often than monthly. Said fees are the ultimate responsibility
of the commercial customer.
[Ord. 3-98, 10/6/1998, § 10]
On or after the passage of this Part, it shall be unlawful at
any place within the confines of the Borough to dump or deposit, except
for collection, garbage, ashes, rubbish, debris or any other municipal
waste of any nature per regulations of the County and the Department
of Environmental Protection of the Commonwealth of Pennsylvania.
[Ord. 3-98, 10/6/1998, § 10]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $25 or more than $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each 10 days that a violation of this Part continues
shall constitute a separate offense. In addition to the foregoing
penalty, the Borough may require the owner or occupier of the property
to remove any accumulation of municipal waste, and should said person
fail to remove the same within 10 days of written notice, the Borough
may cause the same to be done and collect the costs thereof, together
with a penalty of 10% of such costs in the manner provided by law
for the collection of municipal claims or by action in assumpsit or
may seek relief by bill in equity.
