[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.
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: