[Ord. 363 (95-2), 6/7/1995, § 1]
This Part shall be known as the "Glen Rock Borough Municipal
Solid Waste and Recycling Ordinance."
[Ord. 363 (95-2), 6/7/1995, § 2]
The purpose of this Part is to provide for the health, safety
and welfare of the residents of the Borough of Glen Rock by regulating
the collection, storage, transportation, removal, dumping, disposal
and recycling of solid waste by instituting a comprehensive solid
waste management program and establishing a mandatory recycling program
pursuant to the requirements of Act 101 of 1988, as amended, 53 P.S.
§ 4000.101 et seq.
[Ord. 363 (95-2), 6/7/1995, § 3; as amended by
Ord. 435 (2005-4), 7/13/2005, § 1]
The following words and phrases when used in this Part shall
have the meanings given to them in this section:
Containers which are comprised entirely of aluminum and which
formerly contained only nonaerosol, edible substances.
The York County Solid Waste and Refuse Authority or its authorized
representative.
The Borough of Glen Rock, York County, Pennsylvania, or its
authorized representative.
A structure which combines one or more residential uses with
one or more commercial uses.
The use of premises other than as a dwelling unit.
The party with whom the Borough enters into a contract for
the collection, disposal and recycling of refuse from all dwellings
and businesses within the Borough.
A dumpster or tote cart, which shall have a hinged cover,
and which may be emptied by mechanical means into a collection vehicle.
All clear, green and brown colored glass, food and/or beverage
containers. Glass shall not include crystal, ceramics, light bulbs
and plate, window, laminated, wired or mirrored glass.
The term "large item" which may be placed weekly for bulk
collection, shall mean discarded household items and appliances (dishwasher,
washer, dryer, etc.) television, furniture, lawn mower, automobile
tires off rims, and other items too large to be placed in regular
refuse receptacles for normal refuse collection; however "large item"
shall not include construction materials, concrete, paint, tires on
rims, tree stumps, vehicle parts or batteries, and hazardous materials,
which include, but are not limited to, oil, chemicals and pesticides.
A dwelling unit occupied as a residence for three or more
families living independently of each other, including an apartment
house, row house or townhouse.
Includes recyclable paper of the type commonly known as newspaper,
but excluding therefrom periodicals, magazines and chemically coated
paper.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, public and private
schools and education facilities, other governmental agency or any
other entity or any group of such persons which is recognized by law
as the subject of rights and duties. In any provisions of this Part
prescribing a fine, penalty or imprisonment, the term "person" shall
include the officers and directors of a corporation or other legal
entity having officers and directors.
The location designated by the Borough where recyclables
are to be placed for collection by the contractor.
Those containers labeled PET or HDPE 42, PET plastics include,
but are not limited to, one-, two- and three-liter soda bottles. HDPE
42 plastics include, but are not limited to, milk, cider and water
jugs, laundry detergent and fabric softener containers.
Those recyclable materials to be source-separated in the
Borough. The term includes clear and colored glass, aluminum cans,
steel and bimetal cans, newspaper and plastic containers or other
materials that may be designated as recyclable by the Borough.
Any process by which materials which would otherwise become
solid waste are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
The term "refuse" as defined in this Part is all solid waste
(excluding body waste), but including garbage, rubbish and ashes.
GARBAGEAll animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods.
ASHESThe residue from the burning of coal, wood, paper or other combustible materials.
RUBBISHAll solid waste other than garbage and ashes (excepting body waste) and including wastepaper, glass, metal, plant growth, wood and other ordinary solid waste.
Refuse shall not include:
That resulting from building construction, repair or demolition.
That resulting from manufacturing industrial processes, including,
by way of example and not limitation, those carried on in factories,
processing or packing plants, canneries, refineries, slaughterhouses
and steel mills.
Dead animals.
Machinery or motor vehicles or parts of either.
Hazardous materials, including infectious or pathogenic hospital-type
wastes, radioactive wastes and explosive or volatile materials.
That normally included within the term "sanitary sewage."
A quantity of refuse of a capacity not more than 30 gallons
and shall be placed in a separate enclosed waterproof container (e.g.,
metal cans, barrel, box, plastic bag), the maximum weight of which
filled contained shall not exceed 65 pounds.
Garbage, refuse or other discarded materials resulting from
commercial, institutional, residential and community activities.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Containers comprised of aluminum, tin, steel or a combination
thereof which formerly contained only nonaerosol edible substances
or such other substances as have been approved for recycling by the
Borough. Such terms shall include, but not be limited to, cans formerly
containing such substances as vegetables, meats, fruits, juices or
other similar food storage containers constructed of the materials
stated above. Such terms shall not include aerosol cans, hazardous
cleaning substances, automotive supply cans (e.g., transmission fluids,
motor oils, etc.) and other similar containers.
[Ord. 363 (95-2), 6/7/1995, § 4]
1.
No person shall, after the effective date of this Part, accumulate
or allow to be accumulated any garbage, refuse or recyclables upon
public or private property within the Borough for a period of time
longer than one week; and during such period such accumulation shall
be in a manner to insure that no annoyance, nuisance or health hazard
shall be created or maintained thereby.
2.
No person shall, after the effective date of this Part, dispose of
any refuse or recyclables upon public or private property within the
Borough except as hereinafter provided.
3.
No person shall hereafter carry or transport, or allow to be carried or transported, any refuse or recyclables in, through or across any street of the Borough or private property unless by an authorized collector as specified in § 20-105 or a licensed Pennsylvania collector as specified in § 20-106, Subsection 2.
[Ord. 363 (95-2), 6/7/1995, § 5; as amended by
Ord. 490 (2017-05), 10/18/2017]
1.
The contract for the exclusive right to collect and dispose of refuse and recyclables from persons in the Borough (other than dumpster customers) shall be awarded to a person who shall be the authorized collector for the Borough from time to time as shall be decided by the Council of the Borough following the procedure prescribed by the Borough Code, 53 P.S. § 45101 et seq. Such contract shall fix and regulate the manner of collecting and disposing of refuse and recyclables not inconsistent with this Part and any rules and regulations which may be made as authorized in § 20-110.
2.
Refuse and recyclables shall be collected, transported and disposed
of in a manner, with equipment and personnel, and at a place as required
by all applicable governmental statutes and regulations and the requirements
of the Pennsylvania Department of Health, Department of Environmental
Protection and the York County Solid Waste and Refuse Authority.
3.
Any item not included in the definition of "refuse" under § 20-103 of this Part shall not be placed with garbage or refuse ordinarily collected but shall be disposed of by special arrangement with an appropriate and authorized collector (e.g., construction/demolition materials, manufacturing/industrial waste, dead animals, machinery for vehicles, hazardous materials or sanitary sewage).
[Ord. 363 (95-2), 6/7/1995, § 6]
1.
Residential Properties.[1]
A.
Any refuse and recyclables accumulated by owners or occupants of residential property shall be placed in containers for collection by the authorized collector. The containers shall be durable, watertight and made of rust-resistant metal or plastic. The size of each container shall not exceed 30 gallons capacity, nor weigh more than 65 pounds unless a dumpster container is utilized. Containers for curbside recyclables will be as specified by the Borough or as provided by the Borough directly or through exclusive contract for the collection of recyclables. Use of dumpster containers shall comply with the provisions of Subsection 2 below. Each refuse container and curbside recyclable container shall be placed for collection so as to be accessible to the collector at ground level and at a point immediately behind the curbline of the street, within no more than 10 feet of the cartway of the street or alley from which the collection with a vehicle is made if there is no curbing or at a location mutually agreeable between the resident, the Borough and the collector. Failure to place containers at such locations may result in refuse and recyclables not being collected.
B.
Such containers shall not exceed four refuse units in number per
collection. Refuse shall not be placed for collection earlier than
5:00 p.m. the evening of the day preceding a scheduled collection
day and no later than 6:00 a.m. on the scheduled collection day. There
shall be two collections from each property each week.
2.
Multifamily Dwelling Unit, Commercial and Combination Unit Properties.
Any refuse and recyclables accumulated by owners/occupants of multifamily
dwelling unit, commercial or combination unit properties shall be
stored in the same type of containers as required for residential
properties, except where the owner has made special arrangements with
a Pennsylvania licensed collector for the storage and collection of
refuse and recyclables in dumpster containers to be furnished by the
collector as may be approved by the Borough. Containers for the collection
at multifamily dwelling units, commercial or combination unit properties
shall be located on the owner's premises at a place agreed upon
by the owner of the property and the authorized collector and shall
not be unsatisfactory to the Borough. Such locations shall not interfere
with public or private sidewalks, walkways, driveways, roads, streets,
highways, alleys or entrances and exits of public or private buildings.
The owner of any multifamily dwelling unit, commercial or combination
unit property, who utilizes dumpsters, shall contract directly with
a Pennsylvania licensed refuse collector and shall provide to the
Borough proof of a contract for the collection of refuse and recyclables
by a Pennsylvania licensed collector. Said proof shall be supplied
each year by March 1 or within 10 days of ownership.
[Ord. 363 (95-2), 6/7/1995, § 7; as amended by
Ord. 490 (2017-05), 10/18/2017]
All refuse other than recyclable refuse shall be transported
to and disposed of at a facility operated by the York County Solid
Waste and Refuse Authority unless such facility is out of operation
due to strikes, disasters or other cause, during which time the refuse
shall be transported and disposed of at such other facility as is
approved by the Pennsylvania Department of Environmental Protection.
[Ord. 363 (95-2), 6/7/1995, § 8]
1.
Collection Standards. All persons within the jurisdiction of the
Borough shall be responsible to source separate and place recyclables
for collection by the contractor designated by the Borough or in the
case of dumpster customers, by a Pennsylvania licensed collector.
Recyclables shall be separated from other solid waste and placed together
in a recycling container provided for that purpose by the Borough.
Recycling containers shall be placed at the designated pickup points
on the day specified by the Borough. Any person who generates more
recyclables than can be accommodated by the recycling containers provided
by the Borough, as well as all multifamily units, commercial units
and combination units who utilize dumpster containers, shall be responsible
to make arrangements with the contractors for the collection of their
recyclables. Contractor shall not collect, remove or dispose of solid
waste containing recyclables which has not been source separated.
2.
Source Separation. All recyclables placed at curb or alley line by
residents for collection pursuant to this Part shall be prepared for
collection in accordance with the following:
A.
All newspapers shall be placed in paper bags or tied in bundles not
exceeding 35 pounds in weight nor exceeding one foot in thickness.
B.
Glass and plastic containers shall have caps and lids removed.
C.
Glass containers, plastic containers and cans shall be rinsed free
of contaminants.
D.
Glass containers, plastic containers and cans shall be placed in
recycling containers to be provided by the Borough. Plastic garbage
bags or other home use containers shall not be utilized as containers
for recyclable materials. Only containers designated by the Borough
shall be utilized for the collection of recyclable material except
those customers who utilize dumpsters and who have made direct arrangements
with the contractor for the collection of recyclables.
E.
Any bundled newspaper or container with recyclable materials shall
be placed at the curbside for collection adjacent to one another and
clearly separated from containers of solid waste.
3.
Unauthorized Collection. From time of placement of recyclables at
the curb or other pickup point, items shall become the property of
the Borough or its contractor. It shall be a violation of this Part
for any person unauthorized by the Borough to collect or pick up or
cause to be collected or picked up any such items. Any and each such
collection in violation hereof from one or more locations shall constitute
a separate and distinct offense punishable as hereinafter provided.
[Ord. 363 (95-2), 6/7/1995, § 9; as amended by
Ord. 435 (2005-4), 7/13/2005, § 2; by Ord. 480 (2015-02),
9/16/2015; and by Ord. 490 (2017-05), 10/18/2017]
1.
Each owner of a property or place of business within the Borough
shall be required to pay to the contractor and/or the Borough of Glen
Rock or other official as appointed by the Borough of Glen Rock a
semiannual fee for the collection of solid waste and recyclable materials.
This fee shall be paid regardless of the amount or type of waste and/or
recyclables put out for collection. The semiannual fee charged by
the contractor shall be established by contract to be entered into
between Glen Rock Borough and the contractor pursuant to public bidding
requirements. The Borough accepts no responsibility whatsoever for
the collection of the fee to be charged to the owner of each property
or place of business. The contractor shall be solely responsible for
the collection of the semiannual fee. All fees established under the
contract for refuse and recyclable collection shall be established
by resolution of Borough Council.
2.
All fees which remain unpaid 30 days after the invoice date shall
be deemed delinquent. All delinquent accounts may have added to it
a penalty of $10 per billing period if the amount exceeds a minimum
of the current semiannual trash fee in Glen Rock Borough past due.
3.
If the owner of a property shall fail to pay any charges or fees
after the same becomes delinquent, the Borough Solicitor is authorized,
pursuant to the Pennsylvania Municipal Claims Act,[1] to enter a lien against the real estate upon which the
property is situate in the amount of the fees and charges or aggregate
of fees and charges, plus penalties, cost of entry and attorney fees.
The Borough may also exercise rights in accordance with 53 P.S. § 7147.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
4.
If the owner of a property shall fail to pay any charges or fees
and the same becomes delinquent by a minimum of one billing period
and the minimum amount shall be no less than the equivalent of a semiannual
billing cycle worth of charges, the contractor is authorized to file
a civil action law suit for the collection of fees, charges, penalties,
interest, reasonable attorney fees, administrative fees and costs
of collection. Upon the filing of civil lawsuit, an additional penalty
fee of $50 shall be added to all delinquent accounts.
5.
Should an owner of a multifamily dwelling, commercial or combination
unit within the Borough determine that a dumpster service is preferable,
said person shall notify the Borough by March 1, prior to the expiration
of the current refuse contract, in order to be excused from participation
and billing under the Borough's contract for the following contract
year, or new contract period. No property owner shall be excused from
participation in the Borough's contract for refuse and recycling
for any year in which the bid has already been awarded. In the event
dumpsters are utilized for collection of refuse, the property owner
shall enter into a separate contract with contractor for removal of
refuse and recyclables. The contractor may discontinue service for
nonpayment of fees for any person who utilizes dumpster services.
Discontinuance of service by the contractor for nonpayment of fees
shall not relieve the property owner from abiding by all requirements
of this Part.
6.
The foregoing remedies shall be cumulative in favor of the Borough
and against the person in violation.
[Ord. 363 (95-2), 6/7/1995, § 10]
The Council of the Borough is authorized to establish collection
schedules or make any rule or regulation and modify or repeal the
same from time to time as it shall deem necessary or desirable to
clarify, administer and effectuate the provisions of this Part and
disseminate such collection schedules, rules and regulations as it
deems advisable.
[Ord. 363 (95-2), 6/7/1995, § 11]
1.
A violation of this Part to the extent that such violation is or
could be detrimental to the health, safety or welfare of any person
is declared to be a public nuisance and may be abated by an action
in equity against the offender.
2.
Any person who shall violate or fail to comply with any of the provisions
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 together with the
costs of prosecution and, in default of the payment of such fine and
costs, to undergo imprisonment for a sentence of not more than 30
days. Each violation of any provision of this Part and each day of
the continuance shall be deemed a separate offense.
3.
The charges imposed by this Part shall be a lien upon the property
upon which the residential, commercial or combination unit is located,
and any such charges not paid within 30 days of the invoice date,
at the discretion of the Borough, shall be filed as a lien against
the property, which lien shall be filed in the office of the Prothonotary
of York County, Pennsylvania, and shall be collected in the manner
provided by law for the filing and collection of municipal claims.
4.
The foregoing remedies shall be cumulative in favor of the Borough
and against the person in violation.
[Ord. 442 (2006-3), 11/8/2006, § 1]
Any container which is two cubic yards or larger used for
the collection and disposal of trash, refuse, vegetative waste, recyclable
materials or other kinds of waste, and which may be of the open or
enclosed variety, and is typically hoisted onto or mechanically emptied
into a specifically equipped vehicle for transporting said waste to
a designated facility. Dumpsters are typically used for multifamily,
commercial, and industrial uses. All dumpsters are considered permanent
structures if they shall be placed in locations for use for 60 days
or more.
[Ord. 442 (2006-3), 11/8/2006, § 2]
[Ord. 442 (2006-3), 11/8/2006, § 5; as amended
by Ord. 490 (2017-05), 10/18/2017]
1.
Violation of § 20-202 of this Part shall constitute a summary criminal offense and upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus the costs of prosecution, including reasonable attorneys' fees, 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 or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2.
Duty to Serve Notice. It shall be the duty of the Borough's
police force, Mayor, Zoning Officer and/or its staff, designated Borough
office staff, agents and/or any authorized enforcement personnel investigating
any violation of this Part to deliver to the owner, tenant or occupant
a violation notice in the following manner:
