[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]
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.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual or hazardous wastes, including solidified liquids, semi-solids or contained gaseous materials.
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]
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.
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.
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.
No license shall be granted if the place and method of disposal shall not conform to the requirements of this Part.
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.
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]
Preparation of Solid Waste/Refuse.
All refuse/solid waste shall be suitably stored for collection.
Garbage shall be wrapped in paper, plastic or similar material.
All cans, bottles or other food containers shall be drained prior to storage for collection.
Rubbish shall be placed in containers or cut and baled, tied, bundled, stacked or packaged.
Storage of Refuse/Solid Waste.
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.
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.
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]
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.
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]
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.
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.
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.
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.
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]
Containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector.
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.
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]
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.
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:
- ALUMINUM CANS
- Includes all disposable containers made and fabricated primarily of aluminum and most commonly used to contain soda, beer and other beverages.
- BIMETAL CONTAINERS
- 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."
- MUNICIPAL ESTABLISHMENTS
- 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.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers, consisting of No. 1 and No. 2 type plastic.
- PUBLIC NOTICE
- 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.
- RECYCLABLE MATERIALS/RECYCLABLES
- 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]
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.
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]
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.
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.
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.
Any establishment that is granted an exemption and does recycle must annually provide written documentation to the Oxford Borough Council of the total number of tons recycled.
[Ord. 669, 7/20/1992, § 4]
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.
Manner of Separation, Preparation and Placement for Collection.
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.
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.
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.
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.
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.
The collector shall recycle all or part of this section with the authorization of the Oxford Borough Council.
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.
Date and Place of Collection.
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.
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]
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.
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]
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.
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.