[HISTORY: Adopted by the Borough Council of the Borough of Spring Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-5-1975 by Ord. No. 3-1975 (Ch. 85 of the 1985 Code)]
This article shall be known as the "Refuse Ordinance."
Definitions. As used in this article, the following terms shall have the meanings indicated:
- The residue resulting from the burning of wood, coal, coke or other combustible material.
- AUTHORIZED COLLECTOR
- A refuse collector that has been authorized by the Borough
of Spring Grove, York County, Pennsylvania, either by contract or
through the granting of a license, for the specific purpose of collecting
and disposing of refuse and/or recycling from within the territorial
limits of the Borough of Spring Grove.[Added 2-17-2020 by Ord. No. 1-2020]
- BULKY RUBBISH
- Includes discarded furniture, large household appliances such as refrigerators, washing machines, bathtubs, sinks and commodes.
- Includes the storage, collection, disposal or handling of refuse.
- All animals and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods.
- NONRESIDENTIAL UNIT
- All property excluding those used for residential purposes
and as multifamily units.[Added 2-17-2020 by Ord. No. 1-2020]
- Any natural person, association, partnership, firm or corporation.
- All solid wastes except body wastes and shall include garbage, ashes and rubbish.
- Includes glass, metal, paper, plant growth, wood and nonputrescible solid wastes.
Word usage. The singular shall include the plural, and the masculine shall include the feminine and the neuter.
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight, easily washable containers equipped with handles and tight-fitting covers.
Ashes shall be stored in fire-resistant containers equipped with handles and tight-fitting covers. Ashes containing hot embers shall not be collected until they have been adequately quenched.
Rubbish shall be stored in durable containers with tight-fitting covers. Tree trimmings, hedge clippings and similar materials which cannot be conveniently placed in the aforementioned containers shall be baled, tied or sacked in compact bundles less than four feet in length and placed in a location easily accessible to the collector.
[Amended 4-1-2002 by Ord. No. 3-2002]
Bulky rubbish shall not be allowed to accumulate on any premises.
[Amended 4-1-2002 by Ord. No. 3-2002]
No person shall place refuse in any street, alley or other public place or upon any private property within the limits of the Borough of Spring Grove unless it is placed in a proper refuse container for collection. Likewise, no person shall throw or deposit refuse in any stream or any other body of water.
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove existing accumulation of refuse within three days after the effective date of this article shall be deemed a violation of same.
Certain materials, such as scrap lumber and firewood, may be stored and kept on the premises, but they shall be stored so that a minimum clear space of 12 inches above the ground surface is provided.
All refuse storage shall conform to the following standards:
All refuse receptacles shall be provided by the owner, tenant or occupant of the premises, unless otherwise specified.
The storage of all refuse by residents of the Borough of Spring Grove shall be practiced so as to prevent the attraction, harborage or breeding of insects and/or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances.
Individual containers utilized for the storage of refuse at household and other premises shall have the following physical characteristics:
Constructed of rust- and corrosion-resistant materials.
Be equipped with tight-fitting lids.
Constructed in such manner as to be watertight, leakproof, weatherproof, insectproof and rodentproof.
Shall not exceed 50 pounds in weight when filled.
Disposable containers. Disposable containers such as paper and polyethylene bags shall be acceptable for storage of refuse, provided the following conditions are met:
Only those bags specially designed for storage and collection shall be used.
Bags are protected against precipitation, animal damage and overloading to prevent littering or attracting of vectors.
Bags have holding strength capable of withstanding stresses until they are collected.
Bag opening is securely closed prior to setting out for collection.
Bulk containers. Bulk containers for commercial, industrial and institutional refuse shall meet the general and individual container requirements previously set forth except for size limitations. Bulk containers shall be sized according to the type and quantity of waste production, equipment handling capabilities and the frequency of collection.
Open storage. Certain wastes of a nondecomposable nature may be stored temporarily in a manner other than containerization.
[Amended 4-1-2002 by Ord. No. 3-2002]
In order to minimize littering, tree prunings, brush and yard trimmings, when stored outside of containers, shall be tied securely in bundles not exceeding four feet in length, of such sizes as to be readily handled by the collection system.
Tires and oversized wastes such as furniture and appliances shall be stored so that water accumulation and rodent harborage are prevented.
Each dwelling unit and business establishment shall be limited to a maximum of four individual containers or the equivalent thereof per collection.
[Amended 12-2-1985 by Ord. No. 9-1985]
The Borough of Spring Grove is responsible only for collecting refuse from residential dwellings and commercial establishments within the Borough. No person shall place for collection or cause to be collected any refuse generated outside of the municipal limits of the Borough.
For collection purposes, except where there is an agreement with the collector to the contrary, refuse containers shall be placed at ground level, on the property, not within the cartway of a street or alley and easily accessible from the side of the street or alley from which collection is made.
No refuse containers shall be placed at curbside earlier than noon on the day preceding a scheduled collection day. Containers must be placed at the curbside by no later than 7:00 a.m. on the scheduled collection day.
[Added 4-1-2002 by Ord. No. 3-2002]
[Amended 5-7-1979; 12-2-1985 by Ord. No. 9-1985]
Refuse shall be collected on a regular basis according to the schedule established by the Borough. The Borough may also designate certain days for the collection of bulky rubbish within the Borough.
[Amended 4-1-2002 by Ord. No. 3-2002; 2-17-2020 by Ord. No. 1-2020]
Only an authorized collector may collect refuse within the territorial limits of the Borough of Spring Grove; provided, however, that an owner of a nonresidential unit may contract with a private refuse contractor for a dumpster and refuse collection. In such instance, the nonresidential unit owner must provide to the Borough of Spring Grove notice of such owner's intent to privately contract for refuse services at least 120 days prior to the expiration of the Borough's then-current refuse and/or recycling collection contract; and a signed copy of the agreement(s), and any addenda thereto, between the nonresidential unit owner and the private refuse contractor at least 30 days following the execution of such agreement(s) and/or addenda thereto. No refuse collection services, whether privately contracted or provided by the Borough of Spring Grove, may provide for refuse collection outside of the hours of 7:00 a.m. to 7:00 p.m. For the avoidance of doubt, the foregoing nonresidential unit owner exception shall not apply to any residential and/or multifamily dwelling(s) within the Borough, regardless of the ownership or number of units within the property.
No authorized collector shall dispose of any refuse collected in the Borough of Spring Grove except by conveyance to a place of disposal approved by the Pennsylvania Department of Environmental Protection. The authorized collector shall, from time to time, notify the Borough Manager of the name, location, and type of facility used for the disposal of the refuse and/or recycling.
Failure of an authorized collector to comply with the provisions of this article shall result in the revocation of his/her/its authorization.
Except for the collection of bulky rubbish as designated in § 331-6, all vehicles used for the collection of refuse shall have watertight enclosed metal bodies of easily cleanable construction, equipped with compaction devices. All vehicles used by the collector will be subject to periodic inspections by a Borough official.
[Amended 4-1-2002 by Ord. No. 3-2002]
No person shall hereafter dispose of any refuse collected in the Borough of Spring Grove, York County, Pennsylvania, except by conveyance to a disposal facility approved by the Pennsylvania Department of Environmental Protection.
[Amended 12-2-1985 by Ord. No. 9-1985; 5-4-1998 by Ord. No. 4-1998; 2-7-2000 by Ord. No. 1-2000]
The Borough of Spring Grove shall, by resolution, assess upon every residential dwelling and commercial establishment a fee for purposes of providing refuse collection within the Borough, which shall be billed on the first day of each calendar quarter, and shall be due and payable for the previous quarter's refuse collection. If there are multiple uses within one dwelling or establishment, the fee for providing refuse collection shall be assessed upon each use; provided, however, that the owner of a property with multiple uses may submit a written request to the Borough Council to reduce the maximum number of permissible individual containers or the equivalent thereof to no less than four, in accordance with § 331-4F hereof.
[Amended 1-3-2017 by Ord. No. 2-2017]
The refuse charges will be applied so long as water service is active to a property. In the event that, and at such time as, water service is voluntarily discontinued to a property by the owner or responsible person, then refuse service, and the charges for such refuse service, shall cease at the same time.
In the event of cessation of refuse service pursuant to Subsection B, then the amount due on the refuse charges shall be determined on a prorated basis, which shall be calculated by the number of days in a given quarter for which services were available up until the termination or cessation of services as set forth in Subsection B, divided by the total number of days in that quarter, multiplied by the standard quarterly refuse charge as fixed by the Borough. Such proration shall be made for the calendar quarter in which the proration is required, and the owner or responsible person of record shall pay the determined prorated amount for the calendar quarter for which the proration is determined.
Any person who shall violate any provision of this article shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or, in default of payment of such fine, then to imprisonment for not more than 15 days.
[Amended 8-5-1991 by Ord. No. 5-1991]
Each day's continuance of a violation of this article shall constitute a separate offense.
In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this article is found to be in conflict with a provision of any other ordinance or code of the Borough of Spring Grove existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this article shall be deemed to prevail, and such other ordinance or codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.
[Adopted 5-7-1990 by Ord. No. 2-1990 (Ch. 106 of the 1985 Code)]
Whereas recycling conserves valuable material resources and energy;
Whereas recycling will reduce the overall amount of solid waste presently generated and thus reduce storage, collection, transportation and disposal costs;
Whereas participation and support of the commonwealth's recycling will enable Borough residents to contribute in efforts to preserve our national resources and the environment;
Now, therefore, be it enacted and ordained, and it is hereby enacted and ordained by the Council of the Borough of Spring Grove, York County, Pennsylvania, as follows.
As used in this article, the following terms shall have the meanings indicated:
- ALUMINUM CAN
- Containers which are comprised entirely of aluminum and which formerly contained only nonaerosol edible substances.
- The Borough of Spring Grove, York County, Pennsylvania.
- Containers comprised of aluminum, tin, steel or a combination
thereof, which formerly contained edible substances or other substances
as approved for recycling by the Borough. It shall include, but not
be limited to, cans formerly containing such substances as vegetables,
meats, fruits, juices or other similar food storage containers constructed
of the materials listed above, as well as empty aerosol cans. It shall
not include hazardous cleaning substances cans, automotive supply
cans (e.g., transmission fluids, motor oils, etc.) and other containers
holding similar caustic materials or substances.[Amended 7-2-2012 by Ord. No. 2-2012]
- All corrugated or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled cardboard.
- A person or company designated by the Borough to collect, transport and market recyclables.
- All clear, green and brown colored glass food and/or beverage containers. "Glass" shall not include crystal, ceramics, lightbulbs and plate, window, laminated, wired or mirrored glass.
- MULTIFAMILY UNIT
- A property with four or more residential units, including,
but not limited to, apartment complexes, condominium complexes, retirement
homes and mobile home parks.[Added 7-2-2012 by Ord. No. 2-2012]
- NONRESIDENTIAL UNIT
- All commercial, municipal and institutional establishments,
all community establishments and all farms, excluding residential
and multifamily units.[Added 7-2-2012 by Ord. No. 2-2012]
- Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, public and private school and educational facility, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- PICKUP POINT
- The location designated by the Borough where recyclables are to be placed for receipt by the contractor.
- Those recyclable materials to be source-separated in the Borough. The term includes but is not limited to glass, newsprint, cans, corrugated and other cardboard, newspaper or other materials that may be designated as recyclable.
- Any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
- RECYCLING CONTAINER
- The container provided by the Borough for the express purpose of storing recyclables for collection by the Borough's recycling contractor.
- RESIDENTIAL UNIT
- Any single-family detached, semidetached or townhouse dwelling,
or dwelling unit within a multifamily unit containing three or fewer
dwelling units, excluding farms. When used in this article the term
"residential unit" shall also refer to any multifamily unit or nonresidential
unit that requests and receives approval from the Borough to receive
services from the contractor.[Added 7-2-2012 by Ord. No. 2-2012]
- SOLID WASTE
- Garbage, refuse and other discarded materials resulting from commercial, institutional, residential and community activities.
- To separate recyclable materials from the solid waste stream at the point of waste generation.
[Amended 7-2-2012 by Ord. No. 2-2012]
The following materials are hereby designated as mandatory recyclables:
Aluminum, excluding aluminum foil.
Cans, including aerosol cans.
Paper, including newsprint and inserts, office paper, shredded paper, magazines, catalogs, brochures, paper bags, phone books and other soft cover books.
Plastic containers and bottles (numbers 1 through 7).
Such other materials designated by Borough Council by resolution from time to time.
Each person who owns or occupies a residential unit, nonresidential unit or multifamily unit shall source separate the above-designated recyclables from solid waste for collection by the contractor designated by the Borough. The recyclables may be commingled for single stream collection by the contractor.
Each person who owns a nonresidential or multifamily unit that does not receive services through the contractor shall:
Provide recycling containers at easily accessible locations for source separation of the recyclables designated herein;
Provide written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclables are source separated; and
Provide collection and removal of source-separated recyclables at least once per month.
All persons within the jurisdiction of the Borough shall be responsible to source separate and place recyclables for collection by the contractor designated by the Borough.
Recyclables shall be separated and placed together in a recycling container provided for that purpose by the Borough. The recycling container shall be placed at designated pickup points on the date specified by the Borough.
Any person that generates more recyclables than can be accommodated by the recycling containers provided by the Borough shall be responsible to make arrangements with the contractor for collection of all his recyclables.
Collection of recyclables shall be made in accordance with a schedule to be published by the Borough.
The contractor shall not collect, remove or dispose of solid waste containing recyclables which have not been source-separated.
[Amended 4-1-2002 by Ord. No. 3-2002; 7-2-2012 by Ord. No. 2-2012]
All recyclables placed at curbside for collection pursuant to this mandatory recycling program shall be prepared and placed in accordance with the following:
Recyclables shall be source separated from solid waste.
Once source separated, recyclables may be commingled for collection by the contractor.
Recyclables shall be prepared for collection in accordance with the procedures of the contractor.
Recyclables shall be placed in recycling containers provided by or acceptable to the Borough and the contractor. Recyclables shall not be placed in garbage bags or other plastic bags.
No recyclables shall be placed for collection at curbside earlier than 7:00 p.m. on the day prior to a scheduled collection day and not later than 7:00 a.m. on the scheduled collection day. Recyclable collection containers shall be removed from curbside no later than 7:00 p.m. of the day of collection.
The contractor shall not collect, remove or dispose of solid waste which contains recyclables which have not been source separated.
The contractor shall not be required to remove recyclables which have not been prepared for collection in accordance with the requirements of this section.
From the time of placement of recyclables at the curb or other pickup point, items shall be and become the property of the Borough or its contractor. It shall be a violation of this article for any person unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person who shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.
Each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.