[Ord. 339, 11/6/1989, § 1]
This Part shall be known and may be cited as the "Solid Waste
Management Ordinance of the Borough of New Oxford."
[Ord. 339, 11/6/1989, § 2]
It is hereby declared to be the purpose of this Part to coordinate
and to regulate the storage, collection, transportation, processing
and disposal of all solid waste materials as herein defined in order
to protect the Borough of New Oxford (hereinafter referred to as "municipality").
[Ord. 339, 11/6/1989, § 3; as amended by Ord. 339-A,
10/3/1994, § 3; and by Ord. 384, 6/7/1999]
For the purpose of this Part, the following words and phrases
shall have the meaning given herein:
The Municipal Waste Planning, Recycling and Waste Reduction
Act, P.L. 556, signed by the Governor on July 28, 1988.
A person, individual, partnership or corporation or employer
or agent thereof, authorized by contract with the Borough to collect
solid waste or recyclable materials from residential, municipal, commercial
and institutional properties as herein defined under the terms and
conditions of this Part.
Large items of refuse including, but not limited to, appliances,
large auto parts, furniture and large trees and branches which require
collection in other than conventional compactor refuse collection
vehicles.
All properties used for industrial, municipal or commercial
purposes, provided that multiple dwelling residential buildings containing
more than four dwelling units, unless the units are individually owned
with separate entrances from the outdoors, for the purposes of this
Part, shall be treated as commercial properties.
The Commonwealth of Pennsylvania.
Organic waste which is capable of undergoing composting.
A facility at which composting is done.
Can, mechanical bin, box or disposable container used for
storage of refuse.
The County of Adams, Pennsylvania.
Any metal container which may be mechanically lifted and
emptied into the collection vehicle.
A site, location, tract of land, area or premises used or
intended to be used for solid waste disposal.
A location established by the Borough or a private organization
for the receipt and temporary storage of recyclable materials.
A site for the consolidation of waste from one or more sources
which has little or no management.
One or more rooms in a dwelling, which room or rooms have
fixed cooking facilities arranged for occupancy by one person, or
two or more persons living together or one family.
A parcel of land with at least five acres of land devoted
to agriculture; either to raising crops, nursery stock, Christmas
trees, livestock, poultry or pasture.
Empty, steel or tin food or beverage containers which attract
a magnet.
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals
or human or animal excrement.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
The elected officials of the Borough.
Solid waste that is especially harmful or potentially harmful
to public health as defined in the Pennsylvania Solid Waste Management
Act (Act 97). This shall include, but not be limited to, explosives,
toxic materials and medical wastes. For purposes of this Part, hazardous
waste does not include small quantities of such waste available on
a retail basis to the homeowner (e.g., aerosol cans, fertilizers,
herbicides, household cleaners, paints, pesticides, etc.).
See "residential solid waste."
An enclosed device designed to burn or oxidize solid, semisolid,
liquid or gaseous wastes. Incinerators use auxiliary fuels (natural
gas, oils, etc.) and combustion air controls. An incinerator must
also have air pollution control devices to treat exhaust air prior
to release into the outdoor atmosphere. Homemade burning units made
of block, brick, tanks, drums or barrels are not considered incinerators
and cannot be licensed to burn.
See "municipal waste landfill."
The buildings, equipment lands and other facilities owned
or controlled by the municipal government, such as the township municipal
building or Borough Hall, police station, municipal garage, etc.
Garbage, refuse, industrial lunchroom or office waste and
other material including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities.
A PaDEP approved method of disposing of refuse on land without
creating nuisances or hazards to the public health or safety, as otherwise
required by the rules and regulations for Municipal Waste Landfills,
Chapter 273 of Article VII, Title 15, Environmental Resources, Pennsylvania
Bulletin, Vol. 18, No. 15, April 9, 1988.
The Borough of New Oxford, Adams County, Pennsylvania.
Any person who manages any solid waste storage, transfer,
processing or disposal operation.
The Pennsylvania Department of Environmental Protection.
Any individual, firm, partnership, corporation, cooperative
enterprise, trust, Federal institution or agency, State institution
or agency, municipality, other governmental agency or any other entity
or any group of such persons which is recognized by law and is the
subject of rights and duties.
A plant, establishment, set of equipment or other operation
which possesses, handles or otherwise modifies materials provided
to it.
All solid wastes, except body wastes; and shall include,
but is not limited to garbage, ashes, bulky waste and rubbish; except
that refuse shall specifically exclude hazardous waste.
The Borough solid waste regulations for the Borough of New
Oxford, issued as provided by this Part.
An occupied single or multifamily dwelling having up to four
dwelling units per structure, or each unit in a multifamily structure
if the dwelling units are individually owned with separate entrances.
Ordinary trash or solid waste generated by a residential
household.
Waste resulting from industrial, mining or agricultural operations;
and sludge from a water supply treatment facility, wastewater treatment
facility or air pollution control facility, if it is not hazardous.
Solid materials remaining after burning including, but not
limited to, ashes, metals, glass, ceramics and unburned organic substances.
A plant, establishment, set of equipment or other operation
which recovers useful materials and/or products including heat, electricity
and/or recyclable materials from otherwise waste materials.
Solid waste exclusive of garbage (e.g. nonrecyclable glass,
metal, paper, or plastic and noncompostable plant material, wood or
nonputrescible solid waste).
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material including, but
not limited to, automobiles, metals, chemicals, shipping containers
or drums.
The controlled removal of reusable materials at a salvage
operation.
See "municipal waste landfill."
Uncontrolled or unauthorized removal of solid wastes.
Ashes, bulky items, garbage, refuse, residues, trash, rubbish
and other wastes including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials, as defined in the Act of July 7, 1980 (P.L. 380,
No. 97) known as the Pennsylvania Solid Waste Management Act (SWMA).
The purposeful systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
The Act of July 7, 1980 (P.L. 380, No. 97) known as the Pennsylvania
Solid Waste Management Act.
The charge or cost to tip, dump or otherwise dispose of a
load of materials such as municipal solid waste at a processing or
disposal facility.
A facility which receives and temporarily stores solid waste
at a location other than the generation site, and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal.
Ordinary residential household or commercial solid waste.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term shall not include source separated recyclable materials.
A facility used for the incineration of solid waste and the
production of steam and electricity or other useful forms of energy.
[Ord. 339, 11/6/1989, § 4]
The Borough of New Oxford shall be responsible for the oversight
of all aspects of solid waste management within the Borough and shall
be responsible for enforcing any violations of this Part or of any
of the regulations issued hereunder.
[Ord. 339, 11/6/1989, § 5]
It shall be mandatory for every dwelling unit and commercial
establishment within the Borough to have all their solid waste collected
in accordance with the schedule set forth in § 112 of this
Part by the authorized collector and to be responsible for the payment
of said collection according to the fees set forth in § 108
of this Part.
[Ord. 339, 11/6/1989, § 6]
It shall be unlawful for any person other than an authorized
collector to collect and haul solid waste of any nature within or
from the Borough.
[Ord. 339, 11/6/1989, § 7]
All solid waste within the limits of the Borough shall be collected
and removed by an authorized collector who shall be under contract
with the Borough for the collection thereof, and shall be disposed
of by such authorized collector as set forth hereinafter, and/or in
the manner provided for in said contract. All such contracts shall
be entered into from time to time as shall be authorized by Council,
such contracts to be executed by the President and Secretary of Council
over the seal of the Borough, and shall contain, in addition to the
requirements of this Part, such other provisions not in conflict herewith
as may be deemed advisable, and to require that the authorized collector
shall deliver to the Borough a bond in such amount as is deemed necessary
and reasonable under the circumstances, with security approved by
the Council, conditioned for the faithful performance of the contract.
[Ord. 339, 11/6/1989, § 8]
1.
Residential Customers.
A.
The fees for collection and disposal of solid waste from residential
property shall be at a rate as fixed by the Borough Council from time
to time and shall be subject to change as the volume of solid waste
collected or collection costs vary. However, all such fees shall be
at a uniform rate per residential customer per quarter.
B.
The fees herein provided shall be paid quarterly by the owner of
the dwelling unit. The fee for solid waste disposal shall be the responsibility
of the dwelling unit owner, and in the event of a transfer of ownership,
all unsettled charges shall become the responsibility of the new owner.
C.
Solid waste collection fees will be billed quarterly in January,
April, July and October of each year for service supplied during the
three-month period preceding the date of such bill. A penalty of 10%
will be added to all bills not paid by the due date. Interest at the
rate of 1% per month or fraction thereof will be charged against the
amount of any bill, plus the penalty, not paid within 60 days of the
due date. Delinquent accounts are subject to stoppage of service without
notice. Upon stoppage, service will be resumed thereafter only on
payment of all accumulated fees for the period of collection and noncollection,
as well as all penalties assessed against the account. The stoppage
of service herein provided shall be in addition to the right of the
Borough to proceed for the collection of such unpaid charges by action
in assumpsit, by municipal lien or, at the election of the Borough,
in any other manner provided by law for the collection of a municipal
claim.
D.
Any dwelling unit which is totally unoccupied and which generates
no solid waste for an entire quarter shall be exonerated from the
charges herein levied. Such exoneration shall be made only after the
owner has filed an affidavit certifying to such vacancy on a form
provided by the Borough. No such exoneration shall be made on the
basis of vacancies of less than or other than the full quarters.
2.
Commercial Properties.
A.
The fees for collection and disposal of solid waste from commercial
properties shall be fixed by the Borough and shall be subject to change
as the volumes or refuse collected or collection costs vary.
B.
The fee set for collection of solid waste of commercial properties
shall be paid quarterly by the owner, tenant, lessee or occupant of
the premises, but shall be the ultimate responsibility of the property
owner. Should the property change ownership, unsettled charges shall
become the responsibility of the new owner.
C.
Solid waste collection fees will be billed quarterly in January,
April, July and October of each year for services supplied during
the three-month period preceding the date of such bill. A penalty
of 10% will be added to all bills not paid by the due date. Interest
at the rate of 1% per month or fraction thereof will be charged against
the amount of any bill, plus the penalty, not paid within 60 days
of the due date. Delinquent accounts are subject to stoppage of service
without notice. Upon stoppage, service will be resumed thereafter
only on payment of all accumulated fees for the period of collection
and noncollection, as well as all penalties assessed against the account.
The stoppage of service herein provided shall be in addition to the
right of the Borough to proceed for the collection of such unpaid
charges by an action in assumpsit, by municipal lien or, at the election
of the Borough, in any other manner provided by law for the collection
of a municipal claim.
3.
For purposes of this Section, a "quarter" shall be defined as any
one the following three-month calendar periods: January, February
and March; April, May and June; July, August and September; October,
November and December.
[Ord. 339, 11/6/1989, § 9]
1.
No person shall permit any solid waste to accumulate and be stored
or placed outside the residence or other buildings upon property owned
or occupied by said person in the Borough for a period of longer than
seven days.
2.
Owners and occupiers of residential property are hereby required
to make accumulated solid waste available for collection as scheduled
under the terms hereof.
4.
All solid waste accumulated on any residential property in the Borough
shall be collected, conveyed and disposed of by an authorized collector
in accordance with the provisions of this Part.
5.
All solid waste accumulated on commercial, institutional and municipal
properties shall be collected as scheduled under the terms hereof;
provided, however, that upon application to the Borough the manner
of collection service may be agreed upon privately with the authorized
collector.
6.
It shall be unlawful for any person to collect and dispose of any
solid waste within the Borough except as provided in this Part.
[Ord. 339, 11/6/1989, § 10]
1.
It shall be unlawful to keep or allow in or about any dwelling or
upon any land or other premises within the Borough solid waste of
any kind which is obnoxious or offensive by reason of dust or odor,
or which attracts insects and vermin, except in covered receptacles.
The accumulation of any of said solid waste so as to constitute a
menace to the health and safety, it being a presumption that such
a menace exists when more than seven days have elapsed after such
solid waste is originally retained, accumulated or permitted to accumulate
in the open; and nothing herein contained shall be construed to permit
the retention of any solid waste which is or becomes obnoxious or
offensive by reason of dust or odor, or which attracts insects or
vermin.
2.
No volatile liquids, explosives, radioactive material or containers
which would explode upon contact with heat or fire shall be placed
for collection, except that small household spray cans which must
be used up completely prior to discard.
3.
No hazardous waste shall be stored or placed for collection on residential
property except for small quantities of such waste normally found
in the household and available on a retail basis to the homeowner.
[Ord. 339, 11/6/1989, § 11]
1.
Every person shall provide sufficient approved containers for receiving
and holding solid waste. Containers shall be kept in a sanitary condition
at all times.
2.
Garbage (food waste) and rubbish shall be stored in a container which
shall have a tight fitting cover, have suitable handles, water tight
and fly proof, and able to be carried easily by the collector.
3.
Garbage (food waste) shall be drained of liquids.
4.
Containers shall be kept tightly covered at all times.
5.
Containers shall be stored on the owner's property.
6.
When mechanical bins or detachable containers are in use, they shall
be easily accessible to the collection vehicle.
7.
All solid waste shall be stored in containers, except yard waste,
glass, metal and newspapers, magazines or books.
8.
Yard waste may be placed in plastic trash bags or may be placed next
to containers if it is tightly secured, not more than four feet in
length, nor more than 20 inches in diameter and not more than 50 pounds
in weight.
9.
The Borough specifically reserves the right to modify and to specifically
provide for some other receptacle for the handling of solid waste,
which the Borough Council may at some future time deem to be acceptable,
appropriate and beneficial for handling of said solid waste material.
[Ord. 339, 11/6/1989, § 12; as amended by Ord.
376, 7/6/1998, § 1]
1.
Collection Requirements.
A.
All household solid waste shall be collected at least once each week,
with the exception of recyclable materials, bulky waste and dead animals.
All commercial, institutional, other municipal and industrial solid
waste shall be collected as often as required to prevent accumulation
of the volumes generated and to avoid or prevent environmental problems.
B.
Bulky waste, dead animals, etc., shall be collected as necessary
(see below).
2.
The authorized collector of household solid waste shall establish,
record and publish or make available to all households and other customers,
regular collection schedules. If a collection day falls on a holiday,
the collector shall notify all customers of when the collection will
be made.
3.
All collection and transportation vehicles shall be constructed of
metal or other impervious materials, able to be enclosed or fitted
with a cover which will be used to prevent spillage of the contents,
except recyclable materials may be collected and transported in open
vehicles. All waste materials dropped on streets or roads shall be
immediately picked up.
4.
All vehicles shall be cleaned at sufficient frequency to prevent
nuisance or insect breeding.
5.
Place of Collection.
A.
Refuse containers shall, for the purpose of collection, be placed
at the curb or street line, at ground level and made readily accessible
to the collector. No yard waste, trash, refuse or refuse containers
shall be placed for collection earlier than sunset of the evening
prior to a scheduled collection date. For purposes of this provision,
the time of sunset shall be determined by the time of sunset which
is published in a newspaper of general circulation in Adams County
on the date in question.
B.
Notwithstanding the provisions of this Part, residential property
owners, commercial establishments or other persons may, by mutual
agreement with an authorized collector, be permitted to place containers
at a location on their property other than as specified in subsection
(A), above.
C.
Collections shall be made from all properties throughout the Borough.
This shall include all streets, dedicated or otherwise, and shall
include those streets that are temporarily closed for repairs or construction.
In the latter case, special collection points shall be designated
by the Borough Council if the condition of the street will prevent
access thereto by the collector's truck.
6.
Frequency of Collection.
A.
Collection; Schedule and Routes. The authorized collector shall collect
solid waste, as defined herein, throughout the Borough on routes and
schedules developed and mutually agreed upon by the Borough Council
and the collector and may be modified from time to time as necessary
and as agreed upon by the Borough Council.
B.
Solid waste collection shall not be made on the following holidays:
January 1 - New Year's Day; last Monday of May - Memorial Day;
July 4 - Independence Day; first Monday of September - Labor Day;
fourth Thursday of November - Thanksgiving Day; December 25 - Christmas
Day, or other holidays established in advance by the authorized collector.
The authorized collector shall provide at least two weeks prior notification
to every household in the collection route of any other holidays or
week days on which there will be no collection service.
C.
Hours. Collection shall be made at those hours mutually agreed upon
between the collector and the Borough Council. Hours agreed upon shall
be so indicated within the collection contract with the authorized
collector.
D.
Cleanup and Special Collections. The authorized collector shall,
on scheduled routes, cooperate with special cleanup drives as may
be promulgated by the Borough Council, which shall not exceed two
in number in any one year. In addition, upon request, the collector
shall provide a separate and special collection on a day or days as
may be required, in order to collect abandoned Christmas trees.
7.
Collection of Bulky Wastes (i.e., Large Objects, Used Appliances,
Etc.). The person requiring removal from the premises and disposal
of large objects, such as mattresses, bed springs, used appliances,
etc., shall make special arrangements with the authorized collector
or other private collector/hauler to have the items taken to an approved
disposal facility.
8.
Collection of Demolition Debris and Construction Wastes. The person
requiring removal from the premises and disposal of demolition debris
and construction wastes shall make special arrangements with the authorized
collector or other private collector/hauler to have the debris or
waste taken to an approved disposal facility.
9.
Dead Animals. Any person who observes a dead animal on a public roadway
or wishes the collection and disposal of a dead animal from private
property shall notify the nearest County or State health department
to have the dead animal removed and transported to an approved disposal
facility.
10.
Hazardous Wastes. All hazardous wastes shall be stored, collected,
transported, processed and disposed of as provided by the Pennsylvania
Solid Waste Management Act (Act 97) and appropriate Federal statues
and regulations.
11.
Farm Wastes. Animal manure and other farm wastes are excluded from
the provisions of this Part and any regulations issued therefrom.
12.
Leaf Wastes. In accordance with Act 101, § 1502(a), after
September 26, 1990, no yard waste containing solely leaves, leaf wastes
or other material consisting primarily of dead leaves may be placed
for collection by any person unless the leaves or leaf wastes are
to be composted.
13.
Industrial Residues. Residues from industrial operations are excluded
from the provisions of this Part and any regulation issued therefrom.
14.
Septic and Other Sludges. Materials removed from septic tanks, storm
drains, manholes and other sludges are excluded from the provisions
of this Part and any regulations issued therefrom.
[Ord. 339, 11/6/1989, § 13]
1.
All vehicles used for collection of solid waste, except recyclable
materials and large, bulky wastes, shall have enclosed cargo space,
unless such collection is done by private individuals from solid waste
generated on private property; at which time appropriate containers
shall be utilized; and all other provisions of this Part affecting
such collection shall be adhered to.
2.
It shall be unlawful to collect, haul, transport or convey solid
waste in open, unenclosed vehicles, unless such refuse is hauled from
private property by the owner; except that open-type vehicles may
be used for the collection of clean, nonputrescible recyclable materials
such as newspapers, glass and metals and for the collection of large
items of debris which cannot, because of size, be collected by ordinary
means, in accordance with the provisions of § 112.
3.
Trucks shall at all times be in good and proper mechanical condition
and in compliance with the minimum safety and sanitary regulations
of the laws of the Commonwealth of Pennsylvania, the County of Adams
and the Borough.
4.
The authorized collector shall furnish proof of ownership of the
vehicles to be used, or must produce in writing a lease or rental
agreement between the titled owner of the vehicles and the collector.
5.
Vehicles and equipment shall not be overloaded so that garbage or
trash may spill or drop on the highways or streets, and the equipment
shall be so designed or maintained so as to prevent the leakage of
fluids. All trucks shall be regularly cleaned and kept in proper condition
and shall bear the name and address of the contractor plainly visible
on both cab doors.
6.
All vehicles shall be inspected by a designated agent of the Borough
for the compliance with the provisions of this Part, prior to the
execution of any contract as provided for in § 107, and
shall thereafter be inspected every year on or before the anniversary
date of said contract.
7.
Each truck shall be manned by at least one driver and one helper,
except as approved by the Borough Council.
8.
Each truck shall have at least one broom and shovel to clean up refuse
that may be spilled or otherwise scattered during the process of collection.
9.
The authorized collector shall file with the Borough Council a list
of all vehicles and equipment with identification information thereon.
Change in equipment shall be promptly reported to the Borough Council
so that at all times the records will be correct and accurate.
10.
The authorized collector, at his, her or its expense, shall store
and park the equipment at a convenient and lawful place. No trucks
or equipment may be parked or stored on any street within the Borough,
except during actual collection periods.
11.
The authorized collector shall be required to have liability, automobile
insurance and such other insurance coverage as the Borough deems necessary
in amounts established by the Borough Council; and the authorized
collector shall provide appropriate certifications thereof.
[Ord. 339, 11/6/1989, § 14]
1.
All storage of solid waste after separation of recyclable materials
and collection and before disposal shall only be in transfer stations
which conform to the regulations of the Commonwealth of Pennsylvania,
the County of Adams and the Borough. The only exception shall be full
or partially-full collection vehicles which have made a final pick
up for the day. In no case shall such collection vehicles be permitted
to hold solid waste longer than 24 hours.
2.
Storage of recyclable materials after collection may be in authorized
drop-off centers or recycling centers.
3.
All plans and specifications for transfer stations shall be submitted
for approval and permit issuance to the Borough, the County of Adams
and to the Commonwealth of Pennsylvania. A permit must be received
from the Commonwealth before operation commences.
4.
All storage of solid waste in transfer stations shall be limited
to no more than 48 hours.
5.
Operators of transfer stations must submit to the Borough a contingency
plan for the disposition of solid waste which is not able to be removed
from the site within 48 hours because of an emergency situation.
[Ord. 339, 11/6/1989, § 15; as amended by Ord.
384, 6/7/1999]
1.
It shall be unlawful for any collector to dump, process, destroy,
bury or otherwise dispose of solid waste within the jurisdictional
limits of the Borough except as facilities approved and permitted
by the Borough, the County of Adams and the PaDEP.
2.
All collectors shall dispose of the solid waste from the Borough
at a sanitary landfill, incinerator, composting facility, resource
recovery facility, transfer station, waste-to-energy plant or other
facility approved and permitted by the PaDEP or equivalent agency
of another State.
3.
The specific disposal site shall be designated by the Borough in
its contracts with collectors.
4.
All disposal regulations at the designated disposal site shall be
adhered to by the collector(s).
5.
All vehicles used for collection shall use, insofar as practical,
State highways when proceeding to and from the designated disposal
site, except when using roads or streets in those townships or boroughs
where licensed to collect.
[Ord. 339, 11/6/1989, § 16; as amended by Ord.
384, 6/7/1999]
1.
All solid waste processing shall be accomplished by approved methods
in properly permitted facilities including, but not limited to, composting
plants, incinerators, recycling centers, resource recovery facilities,
waste-to-energy plants and salvage operations, conforming to all the
applicable laws, ordinances and zoning requirements.
2.
All plans and specifications shall be approved by the PaDEP prior
to the construction and operation of such processing facilities.
3.
All composting facilities, incinerators, recycling centers, resource
recovery facilities, transfer stations, waste-to-energy plants and
other processing facilities shall be operated so that pollution of
the air will not exceed the air quality standards established by the
PaDEP.
4.
Residues or discards from the processing facilities shall be properly
disposed at a PaDEP approved and permitted facility.
[Ord. 339, 11/6/1989, § 17; as amended by Ord.
339-A, 10/3/1994, § 1; and by Ord. 384, 6/7/1999]
1.
It shall be unlawful for any person to scavenge any materials delivered
and deposited for disposal except as may be provided for in the Borough's
solid waste rules and regulations promulgated under this Part.
2.
It shall be unlawful for any person to salvage or reclaim any solid
wastes except at a properly permitted facility in which salvage is
an integral plan of operation.
3.
It shall be unlawful to make garbage available for animal consumption
unless such refuse has been heat-treated to kill any disease agent
therein.
4.
It shall be unlawful for any person to use, maintain or operate an
open dump.
5.
It shall be unlawful for any person(s), private or commercial, to
burn any solid waste except in a manner and under conditions in accordance
with the rules and regulations of the Borough, the County and licensed
by the Commonwealth of PaDEP. A DEP license must be registered in
the Borough Office, a public notification of such shall be given at
least 30 days before final consideration by Council, and final approval
by Council is necessary before license is validated.
6.
It shall be unlawful for any person to throw, place or deposit or
cause or permit to be thrown, placed or deposited, any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property except as provided in this Part.
[Ord. 339, 11/6/1989, § 18]
The collection of solid waste in the Borough and the disposal
thereof shall be subject to such further reasonable rules and regulations
as may, from time to time, be promulgated by the Borough Council;
provided, however, that no such rules and regulations shall be contrary
to the provisions of this Part or applicable law.
[Ord. 339, 11/6/1989, § 19]
1.
All containers, vehicles, equipment, transfer stations, processing
facilities, disposal sites, books and records of authorized, unauthorized
or prospective collectors, storers, processors and disposers are subject
to inspection by the Borough Council or its authorized agent at any
reasonable hour without prior notice.
2.
Vehicles and equipment of collectors shall be inspected by the Borough
Council or its authorized agent before being put into operation, and
may be inspected on occasion by the Borough Council or its authorized
agent during operation to ensure compliance with all rules and regulations
prescribed by the Borough.
3.
All solid waste storage, transfer, processing or disposal facilities
within the Borough shall also be inspected immediately prior to commencement
of operation of the site and at least once per year thereafter in
concert with representatives of the Commonwealth.
4.
If violations of this Part are discovered in the course of these
inspections, the Borough Police and Code Enforcement Officer are empowered
to enforce this Part.
[Ord. 339, 11/6/1989, § 20]
Prior to operation of any solid waste storage, recycling, transfer,
processing or disposal facility within the Borough, the applicant
shall be required to present evidence of insurance coverage.
[Ord. 339, 11/6/1989, § 21]
The Borough Council may petition the Adams County Court for
an injunction, either mandatory or prohibitive, to enforce any decision
regarding the implementation and enforcement of this Part.
[Ord. 339, 11/6/1989, § 22; as amended by Ord.
384, 6/7/1999]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not to exceed
$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.
