[Ord. 620, 11/10/1987, § 101]
This Part shall be known as the "Solid Waste Ordinance of 1987."
[Ord. 620, 11/10/1987, § 201]
All domestic, commercial and industrial refuse accumulated or
stored upon any property within the Borough of Oxford shall be collected
and removed by a responsible person or collector who shall be licensed
with the Borough of Oxford, and shall be disposed of in an area authorized
by and approved in accordance with all state and federal regulations.
[Ord. 620, 11/10/1987, § 301]
1.
ASHES
DISPOSAL
GARBAGE
OCCUPANT
PERSON
RECYCLABLES
REFUSE
RUBBISH
SOLID WASTE
Definitions. As used in this Part, the following terms shall have
the meanings indicated:
The residue resulting from the burning of wood, coal, coke
or other combustible materials.
Transporting waste materials to an incinerator, sanitary
landfill, resource recovery facility or other site and making final
disposition thereof.
All animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of foods.
The person generally in possession and control of any dwelling.
Any natural person, association, partnership, firm or corporation.
Materials having an economic value in the secondary materials
market. These materials include but are not limited to: aluminum cans
and articles, bimetal cans, glass containers, corrugated paper (cardboard
and paper boxes), magazines, computer printout paper, computer tab
cards, office paper, steel cans and paper products not chemically
coated.
All solid waste except body waste and includes garbage, ashes
and rubbish.
Includes glass, metal, paper, plant growth, wood or nonputrescible
solid waste.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solidified liquids, semi-solids or
contained gaseous materials.
2.
Word Usage. In this Part the singular shall include the plural, the
plural shall include the singular and the masculine shall include
the feminine and neuter.
[Ord. 620, 11/10/1987, § 401; as amended by Ord.
689, 11/15/1993]
1.
No person shall collect, remove, hold or convey any refuse through
or upon any of the streets or alleys of the Borough of Oxford or dispose
of the same in any manner or place without obtaining a license from
the Borough of Oxford.
2.
The fee for such license shall be such as established by resolution
of Borough Council from time to time; licenses shall be issued for
the calendar year or such portion thereof as shall remain in effect
after the issuance of a license. There shall be no reduction in the
fee for a license issued after the beginning of any calendar year.
3.
Every person who shall apply for a license under this section shall
state the type or types of refuse to be collected, the manner of collection
and the place and method of disposal.
4.
No license shall be granted if the place and method of disposal shall
not conform to the requirements of this Part.
5.
No licensed collector shall make any change in the arrangements for
disposal of refuse collected by him without first receiving the approval
of the Borough Manager of the Borough of Oxford.
6.
No license will be granted except on satisfactory proof by the applicant that the applicant is in full compliance with the provisions of Ord. 669, 7/20/1992 [Chapter 20, Part 2] and holds current and valid approvals and licenses as required pursuant to the ordinances, rules and regulations of the County of Chester or other governmental entity having jurisdiction.
[Ord. 620, 11/10/1987, § 501]
1.
Preparation of Solid Waste/Refuse.
A.
All refuse/solid waste shall be suitably stored for collection.
B.
Garbage shall be wrapped in paper, plastic or similar material.
C.
All cans, bottles or other food containers shall be drained prior
to storage for collection.
D.
Rubbish shall be placed in containers or cut and baled, tied, bundled,
stacked or packaged.
2.
Storage of Refuse/Solid Waste.
A.
It shall be unlawful to place or discard any refuse in any street,
alley, stream, body of water or any other public place or upon private
property, whether owned or not, unless such refuse is placed in an
approved container, except that rubbish may be stored as hereinafter
provided.
B.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of vectors, insects and/or rodents
and to eliminate conditions harmful to public health or which create
safety hazards, odors, unsightliness and public nuisances.
3.
It shall be unlawful to store refuse/solid waste in a manner other
than as set forth in this Part.
[Ord. 620, 11/10/1987, § 601]
The collector shall pick up all refuse from property within
the Borough of Oxford in accordance with specifications as established
from time to time by resolution of the Borough Council of the Borough
of Oxford.
[Ord. 620, 11/10/1987, § 701]
The collector shall prepare a schedule of refuse pickup for
each household on a weekly basis. The collector shall be responsible
to notify residents of the day collection will be made.
[Ord. 620, 11/10/1987, § 801]
The collector shall be permitted to collect, remove and transport
refuse/solid waste on all days of the week except Sunday and the following
holidays: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day. Unless otherwise ordered,
the collection of refuse/solid waste shall not commence before 5:00
a.m. and shall be completed by 7:00 p.m. on any single day of collection.
All refuse from cans and receptacles of occupants of dwellings shall
be collected, removed and emptied by the collector at least once each
week.
[Ord. 620, 11/10/1987, § 901]
1.
The collector shall be required to collect and remove refuse/solid
waste in motor-driven vehicles having enclosed steel bodies with steel
covers and watertight and nonleakable automatic packer-type bodies
and to so conduct the collection, removal and transportation of the
refuse/solid waste under such agreement as to assure general cleanliness
and sanitation throughout the entire process and operation thereof.
2.
The collector shall also be required at his own cost to dispose of,
at an approved disposal area, all quantities of garbage/refuse/solid
waste collected by him, and to furnish at his own cost all vehicles,
machinery and equipment necessary for the proper performance of such.
[Ord. 620, 11/10/1987, § 1001; as amended by Ord.
767, 9/20/2004; and by Ord. 810, 12/17/2007]
1.
Each collector applying for a license shall provide evidence of ownership
of an approved disposal area or evidence of a valid agreement, not
subject to cancellation, covering use of the approved disposal area.
Such evidence shall accompany the application for license.
2.
It shall be unlawful to dump, burn, bury, destroy, process or otherwise
dispose of refuse/solid waste within the jurisdictional limits of
the Borough of Oxford or at any other location except at the sites
licensed by the Pennsylvania Department of Environmental Protection
and consistent with the County Solid Waste Management Plan.
3.
Leaves, trees and other yard wastes may not be burned within the
jurisdictional limits of the Borough of Oxford except with specific
approval of the Borough Manager.
4.
Individuals or municipalities may operate leaf composting facilities.
Only shrubbery and tree trimmings that have been shredded or chipped,
leaves, garden residues and similar vegetative material may be brought
to or received at a leaf composting facility.
5.
Grass clippings, leaves, brush or like vegetative matter shall not
be placed or discharged on any public street, alley, sidewalk or parking
lot within the Borough.
[Ord. 620, 11/10/1987, § 1101]
The Borough Manager shall have the right to determine finally
the true validity of any complaints made by residents as to the failure
of the collector to collect refuse in accordance with this Part, and
the Borough Manager's decision shall be final and binding upon
the collector.
[Ord. 620, 11/10/1987, § 1201]
Workmen's Compensation and Social Security Acts, as amended,
are deemed a part of the license. The collector shall be obligated
to provide workmen's compensation coverage and shall fulfill
the terms thereof and save harmless the Borough of Oxford and all
of its officers, agents, employees, successors and assigns, jointly
and severally, of and from all manner of losses, suits, actions, payments,
costs, charges, damages, judgments, claims or demands of any character,
name or description brought on account of any injuries or damages
received or sustained by any person or persons or property by reason
of any act, omission, negligence or misconduct of said collector,
his agents or employees in the execution of the licensed conditions.
[Ord. 620, 11/10/1987, § 1301]
A collector granted a license shall not in any manner be construed
as an agent, servant or employee of the Borough of Oxford but shall
at all times be considered and remain an independent contractor.
[Ord. 620, 11/10/1987, § 1401]
The collector shall carry an insurance policy providing complete
third-party comprehensive liability and property damage insurance
covering not only the collector but also the Borough of Oxford, the
limits of which shall be established from time to time by resolution
of the Borough Council of the Borough of Oxford, and shall furnish
the proper certificates of insurance to the Borough of Oxford.
[Ord. 620, 11/10/1987, § 1501]
Any violation of these specifications shall be sufficient cause
for immediate cancellation of the license.
[Ord. 620, 11/10/1987, § 1601]
Faithful performance must be of the essence of the license granted
hereunder unless prevented by unavoidable accident, act of God, public
immunity or any restrictions or embargoes imposed by the federal government
or any agency thereof. It is understood that all materials shall be
collected and removed and disposed of in a skillful and businesslike
manner satisfactory to the Borough of Oxford.
[Ord. 620, 11/10/1987, § 1701]
The collector shall furnish evidence satisfactory to the Borough
of Oxford that he has available equipment, by ownership or by valid
license agreement, for collecting and disposing of the materials collected
and that all equipment for transporting of materials will comply with
the sanitary and watertight requirements set forth by the Borough
of Oxford. All vehicles used for the collection and transportation
of solid waste shall have safety devices, including but not limited
to exterior rear-view mirror, backup lights, four-way emergency flashers,
easily accessible first aid equipment, easily accessible fire extinguisher
and audible reverse warning device.
[Ord. 620, 11/10/1987, § 1801; as amended by Ord.
755, 8/19/2002]
1.
Containers shall, for the purpose of collection, be placed at ground
level and be made readily accessible to the collector.
2.
Collection locations for commercial, industrial, public, multifamily
and other sites requiring increased collection frequencies or having
collection quantities substantially in excess of the minimum set forth
herein shall be required to maintain containers as designated from
time to time by resolution of Borough Council of the Borough of Oxford.
3.
The Borough may, by appropriate signage, prohibit the placement of
trash generated on private property into containers placed and intended
for refuse generated on the Borough streets, sidewalks, parking areas
and other locations open to the public.
[Ord. 620, 11/10/1987, § 1901; as amended by Ord.
636, 5/23/1989, § 1-6; and by Ord. 810, 12/17/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not 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 day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 620, 11/10/1987, § 2001; as amended by Ord.
810, 12/17/2007]
1.
Chemicals, poisons, explosives, radiological wastes and other hazardous
materials shall not be collected with municipal solid waste. The generator
of such waste is required to make independent provisions for the disposal
of this material which will be in compliance with minimum standards
of the Pennsylvania Department of Environmental Protection for hazardous
waste as from time to time delineated in the most recent state rules
and regulations governing the disposition of such material.
2.
Collection and transportation of chemicals, poisons, explosives,
radiological wastes and other hazardous materials either by the generator
of these wastes, an agent of the generator of these wastes or others
shall be in accordance with the requirements of state and federal
regulatory controls for such waste.
[Ord. 669, 7/20/1992, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
Includes all disposable containers made and fabricated primarily
of aluminum and most commonly used to contain soda, beer and other
beverages.
Empty food or beverage containers consisting of ferrous side
and bottom and all aluminum top.
The legal owner, occupant or lessee of a commercial or cooperative
enterprise, firm, partnership, corporation or association that engages
in any form of business that does not have curbside collection of
garbage, rubbish or refuse.
Any person collecting or transporting recyclable materials
for owners or occupants for the Borough of Oxford.
Includes products used as bottles, jars and other glass containers
made from silica or sand, soda ash and limestone, the product being
transparent or translucent and being used for packaging or bottling
of various matters of liquid and all other material commonly known
as "glass," including green glass, brown glass and clear glass, excluding,
however, blue and flat glass, commonly known as "window glass."
CLEAR GLASSOther than green, brown or other color shades.
COLORED GLASSGreen, brown or other color shades.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Includes paper of the type commonly referred to as "newsprint"
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and
other matters of public interest, specifically excluding magazines
and periodicals.
Empty plastic food and beverage containers, consisting of
No. 1 and No. 2 type plastic.
Publication in a newspaper of general circulation within
the Borough one time, not more than 30 nor less than 10 days prior
to the action or event, unless a different period is specified, and
by posting such notice at the Borough building where other public
notices are from time to time posted.
Those materials specified by the Borough for collection in
accordance with this Part and recycling aluminum cans, clean green
glass, brown glass, clear glass and plastic containers and newspaper.
The list of "recyclables" may be revised from time to time as deemed
necessary by resolution of the Borough of Oxford.
[Ord. 669, 7/20/1992, § 2]
1.
On and after the effective date of this Part and under the regulations and schedules issued by the Borough in accordance with the terms of this Part, there is hereby established a municipal waste mandatory recycling program. This program requires the recyclable materials generated within the Borough set forth in § 20-204 to be separated from other solid waste materials stored on the premises where generated until collection by or on behalf of the Borough.
2.
The Borough may adopt by resolution regulation in regard to item
separation, storage, placement for collection and like matter with
respect to materials subject to this Part.
[Ord. 669, 7/20/1992, § 3]
1.
The provisions of this Part establishing a mandatory recycling program
shall be applicable to those persons and properties who qualify to
have their garbage, rubbish and refuse collected by the Borough or
hauler licensed by the Borough of Oxford.
2.
Owners or landlords of any multifamily residential units, such as
apartments or condominiums, where individual residential refuse collection
does not occur, shall be required to notify tenants of provisions
of this Part. Containers or dumpsters shall be provided through arrangements
with a collector, and source-separated or commingled recyclable material
containers or dumpsters may be utilized. The containers or dumpsters
must be provided at easily accessible locations, and written instructions
must be provided to the occupants concerning the use and availability
of such containers or dumpsters. Owners or landlords of multifamily
residential units who comply with the requirements of this section
shall not be liable for the noncompliance of any persons or entity
occupying their buildings as such noncompliance relates to separation
of materials. All tenants or lessees of multifamily residential units
shall be responsible for separating recyclable materials and placing
them in containers or dumpsters provided for such purposes by August
1, 1993.
3.
The owner, occupant or lessee of commercial business or municipal
establishment shall be required to meet all requirements outlined
in Subsection2 by August 1, 1993, unless exempted.
[Ord. 669, 7/20/1992, § 4]
1.
The recyclable materials which are required to be separated, prepared
and placed for collection by or on behalf of the Borough shall include
aluminum cans, green glass, brown glass and clear glass, plastic,
bimetal and newspapers. The Borough may from time to time, upon public
notice, delete or add to the list of recyclables by resolution of
the Oxford Borough Council.
A.
Manner of Separation, Preparation and Placement for Collection.
(1)
Used aluminum cans shall be separated from other solid waste,
as directed by the Borough or collector, drained free of all food,
liquid or other substances and placed in containers provided by the
collector.
(2)
Used glass, such as glass bottles, jars and containers, shall
be separated from other solid waste, as directed by the Borough or
collector, drained free of all food, liquid or other substances and
placed in containers provided by the collector. All metals shall be
removed from the glass before such glass is placed in the containers.
(3)
The collector of newspapers shall be separated from other solid
waste as directed by the Borough and placed into neatly packaged and
securely tied bundles not exceeding a weight of 50 pounds or in neatly
and snugly packed strong or double paper bags.
(4)
Plastic containers shall be separated from other solid waste,
drained free of all food, liquid or other substances and placed in
containers provided by collector.
(5)
Bimetal containers shall be separated from other solid waste,
drained free of all food, liquid or other substances and placed in
containers provided by collector.
B.
Collection.
(1)
The collector shall recycle all or part of this section with
the authorization of the Oxford Borough Council.
(2)
The collector shall comply with all rules and regulations of
this chapter, and the collector shall provide written documentation
quarterly to the Borough of Oxford that meets all requirements for
Act 101 Annual Report.
2.
Date and Place of Collection.
A.
This Part shall establish a minimum of two days per month scheduled
for pickup of recyclable materials. All recyclable materials shall
be placed at the curbside or a similar location and separated from
solid waste as directed. Times and dates shall be specified from time
to time by the collector providing service for the owner or occupant.
B.
The collector shall establish a schedule of collection of recyclables
for each resident. The collector shall be responsible for notifying
residents of the day and time collection will be made and types of
materials being collected.
[Ord. 669, 7/20/1992, § 5]
1.
From the time of placement of the recyclable materials herein defined
and designated at the curb or other designated place for collection
by the Borough pursuant to the provisions of this Part and other rules
and regulations adopted thereunder, said recyclable materials shall
become and be the property of the collector providing service for
the owner or occupant.
2.
It shall be a violation of this Part for any person not duly authorized
by the Borough to collect or pick up or cause to be collected or picked
up any recyclable materials placed at the curb or any other designated
place for collection pursuant to the provisions of this Part. Any
and each such unauthorized collection and violation hereof from one
or more residences shall be construed to be separate and distinct
offenses punishable as hereinafter provided.
[Ord. 669, 7/20/1992, § 6; as amended by Ord. 810,
12/17/2007]
1.
Any person who violates §§ 20-203, Subsections 2 and 3, and 20-205, Subsection 2, of this Part, upon conviction thereof, shall be sentenced to pay a fine of not 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 day that a violation of this Part continues shall constitute a separate offense.
2.
Any person who violates or fails to comply with any other provisions of this Part, except §§ 20-203, Subsections 2 and 3, and 20-205, Subsection 2, and violates or fails to comply with any rule or regulation promulgated pursuant thereto, upon conviction thereof, shall be sentenced to pay a fine of not 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 day that a violation of this Part continues shall constitute a separate offense.
