[Ord. 596, 9/14/1983,
§ 1; as amended by Ord. 712, 10/10/1991, § 1]
The County Plan, as amended, is hereby approved; such documents
together to constitute the Solid Waste Management Plan of and for
this municipality under the Act, and the proper officials of the county
are hereby authorized to file such documents with DER for purposes
of approval under the Act.
[Ord. 596, 9/14/1983,
§ 2; as amended by Ord. 712, 10/9/1991, § 2; and by Ord. 905, 6/3/2009]
1.
COLLECTOR
DUMPSTER
MUNICIPAL SOLID WASTE
PERSON
ROLL-OFF BOX
TRASH CONTAINER
The following terms shall have the following meanings in this Part:
Any person collecting or transporting municipal solid waste
or recyclables for owners or occupants of property in the municipality,
including the municipality itself if it undertakes the collection
of municipal solid waste directly, and any business or institution
within the municipality which generates sufficient municipal solid
waste to require disposal directly by its own employees and equipment.
A large container for the temporary storage of solid waste
materials, debris and/or recyclable materials, that can be emptied
into refuse trucks for the removal of the contents. These containers
are usually sized from one cubic yard to less than 10 cubic yards.
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid, semi-solid material resulting
from the operation of residential, municipal, commercial or institutional
establishments and from community activities, but not including any
liquid waste or sludge, and other solid waste which is within the
definition of "municipal solid waste" as set forth in the Act, excluding:
(1) all wastes which are defined by federal or state law or regulations
as hazardous waste or residual waste; and (2) any waste which the
generator thereof may dispose of for cash or other actual value.
Any individual, partnership, association, corporation or
governmental entity.
A large container for the temporary storage of solid waste
materials, debris and/or recyclable materials, that is delivered to
a site by means of a flatbed truck, placed on said site through a
hydraulic mechanical means, and, when full, removed from the site
through the same means. These containers usually range in size from
10 cubic feet to 40 cubic yards.
A leak proof, container that holds rubbish and waste until
it is collected.
2.
Certain terms used herein are also defined in the recitals hereto.
[Ord. 596, 9/14/1983,
§ 3; as amended by Ord. 962, 12/19/2012]
1.
It is hereby declared to be a public nuisance and unlawful for any
person to accumulate upon any property in this municipality municipal
solid waste or to dispose of it except in accordance with this Part.
2.
It is hereby declared to be unlawful for any person to act as a collector
in this municipality without first obtaining a license from the Monroe
County Municipal Waste Management Authority pursuant to this Part
and such additional requirements as the Monroe County Municipal Waste
Management Authority may by appropriate action hereafter establish,
which licenses, however, shall all require the licensees to comply
with the provisions of this Part.
3.
No person may place a used lead acid battery in mixed municipal solid
waste, discard, or otherwise dispose of a lead acid battery, except
by delivery to an automotive battery retailer or wholesaler, to a
secondary lead smelter permitted by the Environmental Protection Agency,
or to a collection or recycling facility authorized under the laws
of the Commonwealth.
[Ord. 596, 9/14/1983,
§ 6; as amended by Ord. 712, 10/9/1991, § 4; and by Ord. 962, 12/19/2012]
1.
All collectors providing municipal solid waste and recycling collection
service to apartment buildings, apartment complexes, commercial profit
organizations, governmental offices, and other similar establishments
within the Borough of Stroudsburg shall submit quarterly recycling
reports due on January 15, April 15, July 15, and October 15 of each
year. The reports shall remit recycling information for the quarter
preceding the due date. The quarterly reports shall state: the customers'
names and addresses for whom recycling collection is provided; the
recyclable materials being collected; the total weight of every recyclable
material, as listed in Act 101, collected from the collector's recycling
customers. The report shall list only customers from the Borough of
Stroudsburg. The quarterly reports must be notarized by a Notary Public.
2.
All recyclable materials collected by the collectors through agreements
with their customers shall be recycled — that is, taken to a
recycling facility or directly to a plant which uses the recyclable.
The Twin-Borough Recycling Program reserves the right to inspect any
records to verify the reports.
[Ord. 596, 9/14/1983,
§ 7; as amended by Ord. 712, 10/9/1991, § 5; and by Ord. 962, 12/19/2012]
Unless and until this municipality subsequently determines to
engage directly in the activities of a collector, licensed collectors
shall be responsible for receiving municipal solid waste from properties
in the municipality pursuant to contracts between them and the owners
or occupants of property. Whenever requested by the Borough of Stroudsburg,
the owner of any real estate within the Borough shall present proof
adequate in the judgment of the municipality designee that the owner
of said real estate has a current contract with a licensed hauler
to dispose of municipal waste generated on the premises on a weekly
basis or more often. The owner of the premises shall have 72 hours
to provide proof to the municipality designee that he has a current
contract with a licensed hauler to provide sufficient service to satisfy
the terms and conditions of this Part. As contemplated in the plan,
all collectors shall dispose of all municipal solid waste collected
within the municipality at the landfill, and in compliance with such
reasonable regulations for the operation thereof. Disposal at any
other place shall be a violation of this Part.
[Ord. 596, 9/14/1983,
§ 8; as amended by Ord. 712, 10/9/1991, § 6; and by Ord. 962, 12/19/2012]
1.
No person shall handle, take or remove municipal solid waste set
out for collection unless duly licensed by the Monroe County Municipal
Waste Management Authority. Any person who picks up said solid waste
for his or her own use shall be guilty of an infraction of this Part.
2.
No person shall handle, take or remove municipal recycling set out
for collection unless duly licensed by the municipality. Any person
who picks up said recyclables for his or her own use shall be guilty
of an infraction of this Part.
[Ord. 596, 9/14/1983,
§ 9; as amended by Ord. 962, 12/19/2012]
No person shall use or permit to be used any property owned
or occupied by him within the municipality as a public or private
dump or landfill for municipal solid waste, whether generated within
the municipality or elsewhere within the boundaries of the county.
[Ord. 596, 9/14/1983,
§ 10; as amended by Ord. 905, 6/3/2009; and by Ord. 962, 12/19/2012]
1.
No person shall accumulate municipal solid waste upon any property
owned or occupied by him in the municipality except in such limited
quantities and for such limited periods of time as shall insure that
no air or visual pollution or health or fire hazard shall be created
thereby and any other accumulation thereof on any premises is hereby
declared to be a nuisance and is prohibited.
2.
Storage of Refuse and Garbage.
A.
Every tenant, occupant, or owner of any premises or property in the
Borough of Stroudsburg on which refuse is produced, created or accumulated
shall provide for safe, sanitary and adequate storage of the same
pending collection or disposal in accordance with the provisions of
this chapter.
B.
It is unlawful for any person occupying or maintaining any premises
within the Borough of Stroudsburg where garbage is created, produced,
or accumulated to fail or neglect to procure and maintain a standard
container for receiving and holding without leakage or escape of odors,
all garbage which is produced, created, or accumulated upon such premises
and all such persons shall deposit all such garbage in such a standard
container. For sanitary purposes, garbage shall be bagged or wrapped
to prevent leakage and odors when placed in containers.
C.
Where conditions permit, all dumpsters and/or roll-off boxes shall
be stored upon private property. All dumpsters and/or roll-off boxes
shall not be stored on the public street side of said property, unless
approval is granted by the Codes Officer. For any property in a commercial
or mixed-use district, excepting single-family or two-family residences,
or for any commercial business operating in a residential district,
all dumpsters shall be enclosed and secured, and all trash and/or
recycling containers shall be screened consistent with the following
conditions:
[Amended by Ord. No. 1097, 10/20/2020]
(1)
Dumpsters.
(a)
Dumpsters, or similar containers, shall be entirely obscured
from the public right-of-way, including alleys, with screening to
conceal the dumpster from public right-of-way.
(b)
Screening shall be solid panel fencing or a masonry/concrete
enclosure measuring six feet zero inches in height.
(c)
Gates shall remain closed unless the dumpster is in process
of removal or being emptied.
(d)
In addition to the health and safety provisions required under § 20-108, Subsection 2B, all dumpsters and surrounding enclosures shall be cleaned after each waste pickup or a minimum of every 30 days, using a biodegradable disinfectant as needed and rinsed out, with any runoff and debris collected to prevent contamination of public property and drainage inlets complying with the stormwater management practices set forth in Chapter 26, Part 1. Upon receipt of a notice of violation from the Codes Officer, the owner shall have five days to correct the violation.
(2)
Trash and Recycling Containers.
(a)
Trash and recycling containers shall be stored inside a solid
panel fence structure, or in a side or rear yard not viewable from
the public right-of-way which fronts the property.
(b)
Trash and recycling containers may be placed behind enclosures,
fences, vegetative screening, or other similar screening devices.
The screening devices shall completely screen the view of the containers
from the public right-of-way which fronts the property and shall not
exceed six feet in height.
(c)
Corner properties shall be allowed to store trash and recycling
containers alongside the principal building at a point furthest from
the public right-of-way(s) which front the property.
(d)
A permit and the associated fee are required for the erection
of screening devices. Screening devices measuring six feet wide by
six feet high, or less, are exempt from the fee. Vegetative screening
is exempt from a permit.
(3)
Criteria applicable to All Dumpster, Trash and/or Recycling
Containers.
(a)
Any dumpster, trash and/or recycling container located within
the Historic District shall be screened with solid panel fencing of
wood or solid composite materials. The higher-quality finish and/or
side without posts must face adjoining properties. Screening which
does not meet these requirements shall require a review by the Historic
and Architectural Review Board. A certificate of appropriateness ("COA")
is not required.
(b)
No signage is permitted on enclosures, screening, or fencing;
warning or safety messages are permitted.
(c)
The Borough shall notify property owners where dumpsters, trash
and/or recycling containers or similar devices are located that a
permit is required for the screening of such devices. The Borough
shall waive any associated permit fees for a period of 90 days upon
receipt of the initial notification. All property owners shall comply
within 180 days of the enacted date of this subsection. Failure to
notify property owners shall not relieve the property owner or tenant
from compliance.
(d)
Ordained alleys shall not be considered as a public right-of-way
frontage.
(e)
The fee for a permit shall be set in the Borough's fee schedule.
(f)
Screening intended to satisfy this subsection shall satisfy
all clear sight triangle criteria of the Borough Zoning Ordinance;
otherwise screening shall be exempt from Zoning Ordinance criteria.
3.
Collection Requirements.
A.
All residents and occupants of all properties in the Borough of Stroudsburg
shall have regular garbage collection provided by an approved waste
hauler.
B.
All occupants of single-family residences and of multi-family residences
not exceeding four dwelling units shall deposit all garbage and refuse
in refuse containers for pickup.
C.
The refuse containers shall be placed within five feet of the curb
or street edge or in an accessible location approved by the Codes
Officer or Health Officer but shall not be placed in the street. The
containers shall be placed in the required location for collection
no earlier than 7:00 p.m. on the day preceding a designated pickup
day and shall be removed from the curbside location no later than
7:00 p.m. after the container has been emptied. Except during these
prescribed hours, the mobile containers and all other refuse containers
shall be kept in a location no closer to the street than the front
line of the residential structure.
D.
All residential waste shall be collected at least once each week
with the exception that arrangements shall be made in advance with
the collector for pickup of bulky, waste and for payment of any special
fees. All residential housing, commercial, municipal, institutional
and industrial waste shall be collected at least once each week and
more often if required in order to control health hazards, odors,
or unsightly conditions.
F.
All authorized collectors operating within the Borough of Stroudsburg
shall comply with the Solid Waste Management Plan with regards to
the licensing of collectors and the transportation of waste to the
county designated disposal facility.
G.
Commercial customers and residential properties which exceed four
dwelling units must use dumpsters unless given permission by the Borough
to use alternate containers. A commercial customer authorized to use
alternate containers must not place the containers out for collection
prior to 7:00 p.m. the evening before the collection day. The containers
are not allowed to be at the edge of the right-of-way after collection
day. Alternate containers must be stored at a location on the premises
of the commercial customer so they are not visible from any roadway.
H.
Permits are required for roll-off boxes on private property. The
application shall be obtained from the Codes Enforcement Office and
the permit shall be obtained prior to storage of the roll-off box.
The fee shall be $25 per roll-off box.
I.
Roll-off boxes shall be permitted for two weeks unless the roll-off
box is needed for construction debris during active construction.
J.
Dumpsters and roll-off boxes shall not be stored for more than 48
hours after they are filled.
[Ord. 596, 9/14/1983,
§ 11; as amended by Ord. 712, 10/9/1991, § 7; by Ord. 962, 12/19/2012; by Ord. 1031, 8/15/2017; and by Ord. 1036, 7/18/2017]
1.
Any person who shall violate any provision of this Part shall, upon
conviction thereof in a summary proceeding before a District Justice,
be sentenced to pay a fine of not more than $600 or shall be committed
to the county jail for a period not exceeding 30 days; each day's
continuance of a violation of this Part shall constitute a separate
offense.
2.
Notice and Payment of Violation. Upon the discovery of any violation
under the terms of this Part, the municipality shall, through its
authorized agents, give notice to the owner of a violation hereunder,
either by personal delivery to such owner, by United States mail directed
to the last-known address of such person or persons, as shown in the
real estate registry records of the municipality, or by leaving the
same on the premises where such violation occurs.
3.
If such person shall, within seven days after the delivery, mailing
or leaving of such notice, pay to the Treasurer of the municipality
the sum of $25 for the violation, the same will constitute full satisfaction
for the violation noted in said notice. If two or more violations
are issued for the same property during a calendar year, the second
and subsequent violations' payment shall increase an additional $25
per subsequent violation to a maximum of $300. The failure of such
person to make payment, as aforesaid, within seven days, shall render
such owner subject to the penalties as provided hereinabove.
[Ord. 596, 9/14/1983,
§ 12; as amended by Ord. 962, 12/19/2012]
In addition to the remedies provided in § 20-111 herein, any continued violation of this Part which shall constitute a nuisance in fact, or which in the opinion of the governing body of this municipality shall constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
[Ord. 596, 9/14/1983,
§ 13; as amended by Ord. 962, 12/19/2012]
The collection of municipal solid waste in the municipality
and the disposal thereof shall be subject to such further reasonable
rules and regulations as may from time to time be promulgated by the
governing body of the municipality, including, but without limitation,
regulations as to the form of license application, the terms of licenses
and license issuance procedures; provided, however, that no such rules
or regulations shall be contrary to the provisions of this Part or
applicable law.
[Ord. 596, 9/14/1983,
§ 14; as amended by Ord. 712, 10/9/1991, § 8; and by Ord. 962, 12/19/2012]
The municipality reserves the right to amend this Part or repeal
it at any time; provided that the requirement for use of the landfill
for disposal of municipal solid waste from the municipality shall
not be so amended or repealed without the prior express approval of
the Authority. If in the future the municipality itself becomes a
collector, it agrees to deliver all municipal solid waste so collected
to the landfill.
