[Adopted 6-9-2008 by Ord.
No. 558, §§ 1 — 16]
The Council of the Borough of Dallastown hereby finds that the
reduction of the amount of solid waste and conservation of recyclable
materials is an important public concern and it is, therefore, appropriate
to implement the requirements of Pennsylvania Act No. 101 of 1988
and the York County Solid Waste Management Plan, as updated, to help
minimize the adverse environmental effects of land filling by reducing
the need for landfills and conserving the existing landfill capacity,
to facilitate the implementation and operation of other forms of resource
recovery identified in the York County Solid Waste Management Plan,
to conserve natural resources, and to control the escalating costs
of solid waste disposal.
For the purposes of this article, the following terms, phrases
or words shall have the meaning ascribed to them in this section,
except where the context in which the word is used clearly indicates
otherwise.
Empty all-aluminum non-aerosol beverage and food containers.
Empty non-aerosol food or beverage containers consisting
of all-steel or ferrous sides and bottom and an aluminum top (sometimes
called "tin" cans).
The Borough of Dallastown located in York County, Pennsylvania,
or its authorized representative or representatives.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerizing goods, merchandise or other material,
but excluding plastic, foam, or wax-coated or soiled cardboard.
Non-profit groups who utilize the Borough's contracted solid
waste service including, but not limited to, churches, fire companies,
and other incorporated or unincorporated associations or groups serving
a charitable or civic purpose.
That individual, partnership, firm, corporation or business
entity designated by the Borough by means of an independent contract,
as the person having the exclusive right and privilege to collect,
haul, carry, or remove municipal solid waste and/or recyclable materials
from the dwelling units and small commercial establishments within
the Borough.
Source separated, non-putrescible recyclable materials that
have been mixed at the source of generation (i.e., placed in the same
container).
Those properties used primarily for business purposes. Small
commercial establishments are those that have a low volume of solid
waste and utilize the Borough contracted solid waste and recycling
service. Large commercial establishments are those with large volumes
of solid waste who contract privately for solid waste and recycling
services.
A microbial degradation of organic waste to produce a relatively
nuisance-free product of potential value as a soil conditioner.
A building used for residential living quarters for one or
more families except hotels, motels, rooming houses, convalescent
homes and tourist homes or other accommodations used for transient
occupancy.
A building or portion thereof arranged or designed for occupancy
by not more than one family for living purposes and having cooking
facilities.
All empty bottles and jars made of clear, green, or brown
glass, but not including non-container glass, light bulbs, window
or door plate glass, mirrors, porcelain and ceramic products.
Includes paper items generated primarily by offices and/or
commercial establishments. This may include colored or white: computer
paper, copier paper, typing paper, letterhead paper, note pad paper,
and other similar office paper.
Those facilities that house or serve groups of people, such
as hospitals, schools, colleges, and nursing homes.
Printed matter consisting of usually glossy pages bound in
some fashion containing miscellaneous written pieces published at
fixed or varying intervals, excluding all other paper products of
any nature whatsoever.
Any property having two or more dwelling units per structure.
Any public facility operated by Borough or other governmental
or quasi-governmental authority.
Paper of the type commonly referred to as newsprint and distributed
at fixed intervals, having printed thereon news and other matters
of public interest, but not including glossy advertising inserts included
with newspapers and not including magazines and periodicals and not
including high grade office paper.
Any individual, partnership, firm, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
Federal government or agency, State institution or agency or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties. It shall also mean owner, lessee, or occupant
of a residential dwelling, commercial establishment or institutional
establishment. In any provision of this article prescribing a fine,
imprisonment or penalty, or any combination thereof, the terms "person"
shall include the officers and directors of any corporation or other
legal entity having officer and directors.
All empty plastic soap, detergent or beverage containers,
but not including plastic containers used for oils, paints, solvents,
chemicals or otherwise potentially hazardous materials and not including
any other plastic product.
Those materials which may be processed or refabricated for
reuse and which are specified by the Borough, or its designee, for
separation from the regular solid waste.
[Amended 12-13-2021 by Ord. No. 594]
The collection, separation, recovery, and sale or re-use
of metals, glass, paper, yard waste, plastic, and other materials
which would otherwise be disposed of or processed as municipal solid
waste.
The plastic container provided by the Borough for the express
purpose of storing recyclable materials for collection by the Borough's
collector.
Any occupied single family, two-family or multi-family dwelling
property for which the Borough provides municipal solid waste collection
service.
Garbage, refuse, and other discarded materials including,
but not limited to, solid and liquid waste materials resulting from
residential and commercial activities. Solid waste also includes rubbish
and ashes, all household refuse or wastes, except body wastes, and
specifically excludes any recyclable material.
[Amended 12-13-2021 by Ord. No. 594]
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Organic materials that come from residential, commercial,
retail, institutional, or industrial sources as part of maintaining
yards or other private and public lands, including, but not limited
to, grass, grass clippings, weeds, leaves, bushes, shrubs, and clippings
from any of the foregoing. It does not include construction or demolition
wastes, or clean wood.
[Amended 12-13-2021 by Ord. No. 594]
There is hereby established in the Borough a mandatory source
separation and collection program for recyclable materials from solid
waste by residents, and commercial, municipal, civic and institutional
organizations in accordance with this article.
A.
Recyclable materials for residential dwellings, small commercial
establishments, municipal establishments, and civic organizations
are newspaper, bundled office paper, magazines, clear and colored
glass bottles and jars, plastic containers bearing the recycling symbol
No. 1 or No. 2, and aluminum and steel and bi-metal cans.
B.
Recyclable materials from residential dwellings, small commercial
establishments, municipal establishments, and civic organizations
shall be placed in recycling bins either at the public street or alley
edge where solid waste is normally placed but separate from solid
waste for collections.
C.
At such times and dates as may be established by the Borough, recyclable
materials for residential dwellings, small commercial establishments,
municipal establishments, and civic organizations shall be collected
once a week unless the collection day is one of the following holidays,
in which case the collection that day will be omitted: (New Year's
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas
Day).
D.
Recyclable materials for residential dwellings, small commercial
establishments, municipal establishments, and civic organizations
shall be prepared for collection as follows:
(1)
All newspaper shall be placed in brown paper bags or tied with string
in bundles not exceeding one foot thickness.
(2)
Glass and plastic containers shall have caps and lids removed and
discarded and then should be rinsed free of contaminates.
(3)
Aluminum cans and bi-metal or steel cans should be rinsed free of
contaminates.
(4)
Glass and plastic containers, aluminum cans and bi-metal or steel
cans shall be commingled in the bin or bins provided by the Borough.
No solid waste shall be placed in the recycling bin.
(5)
No recyclable materials shall be placed at the street or alley side
earlier than 6:00 p.m. the evening of the day preceding a scheduled
collection day. The bundled newspapers and the recycling bins containing
glass and plastic containers and cans shall be placed at the street
or alley side for collection adjacent to one another and clearly separated
from containers of solid waste.
(6)
The Borough may from time to time, by resolution, alter the preparation
of recyclable material which resolution shall have the force and effect
as this article.
Instead of having each dwelling unit use a separate recycling
bin, the owners, landlord or agent of any owner or landlord of multi-family
dwelling properties may establish a centralized collection system
for recyclable materials at each structure upon written approval of
the Borough Council. Recyclable materials for multi-family dwelling
properties are the same as those of other residential dwellings. The
collection systems must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers,
and written instructions to occupants concerning the use and availability
of the collection systems owners, landlords and agents who comply
with this section shall be liable for noncompliance of occupants of
their buildings.
Large commercial and institutional establishments shall separate
and store recyclable materials until collection. Recyclable materials
for large commercial and institutional establishments are high grade
office paper, aluminum cans and cardboard. These establishments shall
arrange for transfer of recyclable materials to a recycling system
or recycling facility. These establishments shall annually provide
to the Borough, by January 15 on a form provided by the Borough, evidence
of such arrangement and documentation of the total number of tons
of each of the recycled materials that were recycled during the previous
calendar year.
Borough may enter into a collection contract with a collector
for collection of all or part of recyclable materials from the Borough.
No person other than the Borough designated collector shall
collect or pick up or cause to be collected or picked up any recyclable
material from residential dwellings and small commercial establishments
that has been placed for curbside pickup within the Borough or dispose
of the same in any manner. Each such collection or pickup in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
A.
It shall be unlawful for:
(1)
Any person to violate or to cause or to assist in the violation of
any provision of this article or any provision of Pennsylvania Act
101 concerning recycling.
(2)
Any person to place or to cause to be placed and material other than
a designated recyclable in a recycling bin.
(3)
Any person to hinder, to obstruct, to prevent or to interfere with
the Borough or designated collector in the performance of any duty
under this article or in the enforcement of this article.
(4)
Any person to cause or to allow their pets to cause recyclable materials
to be scattered or spilled from recycling bins or bundles that have
been placed for collection.
(5)
Theft of recycling bins.
(6)
Willful damage to and/or unauthorized use of recycling bins.
The Borough, or at the direction of the Borough, the designated
collector collecting solid waste generated within the Borough may
refuse to collect solid waste from any person who has clearly failed
to source separate recyclables designated under an applicable section
of this article.
Notwithstanding anything herein to the contrary, any resident
of the Borough may donate or sell any recyclable material to any other
person; provided, however, that the person receiving the recyclable
material does recycle it and does not under any circumstances collect
the donated or sold recyclable material from the curbside. All recycling
bins and newspaper bundles placed at the curbside are deemed to be
containing recyclable materials intended for the Borough designated
collector.
[Amended 9-8-2008 by Ord.
No. 560, § 1]
A.
All persons shall separate yard waste generated at their residences
and at the commercial, municipal or industrial establishment from
other solid waste and shall not place the same for collection with
the Borough's ordinary garbage collection. Yard waste may be placed
at such locations for collection at such times as the Borough Council
may publicly announce from time to time.
B.
This section does not prevent any person from otherwise providing
for composting of yard waste in compliance with the law and other
Borough ordinances that may apply.
[Amended 9-8-2009 by Ord.
No. 560]
A.
Nothing contained in this article shall be construed to interfere
with or in any way modify the provisions of any existing contract
which is consistent with the laws of the Commonwealth of Pennsylvania
and in force in the Borough on the effective date of this article.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this article, unless such renewal
or such contract shall conform to the requirements of this article.
The Borough shall supply one recycling bin to each residential
dwelling, individual unit of a multi-family dwelling, small commercial
establishment, municipal establishment and civic organization to which
a recycling bin was not already distributed as of the effective date
of this article. The Borough shall supply at cost additional bins
if requested. Any person responsible for recycling pursuant to this
article is responsible for the replacement of the recycling bin due
to loss, damage or wear and tear.
Any person or entity violating any of the provisions of this
article shall, upon summary conviction thereof, be sentenced to pay
a fine of not less than $50 nor more than $600 together with the costs
of prosecution, and in default of payment thereof, to be imprisoned
in the York County Prison for a period not to exceed 30 days. Each
continuing day of violation of this article shall constitute a separate
offense.
In any case where a provision of this article is found to be
in conflict with a provision of any other ordinance of the Borough,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail,
and the lesser provision of the other ordinance shall not be applicable
in the case.
