Borough of Lemoyne, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 370.
Streets and sidewalks — See Ch. 472.
[Adopted 8-4-1960 by Ord. No. 318 (Ch. 20, Part 2, of the 1984 Code of Ordinances)]
From and after the passage of this article, it shall be unlawful for any person, firm or corporation to dump or discharge any liquid or semiliquid substance in or on any of the streets or alleys in the Borough of Lemoyne, Pennsylvania, so as to constitute a public nuisance or a menace to public health. This section shall not be construed to mean the natural drainage of surface water produced by rain or the melting of snow or ice on a building or property.
[Amended 1-7-1965 by Ord. No. 387]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof before a Magisterial District Judge, be sentenced to pay a fine of not more than $50 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 15 days. In the case of a corporation which does not pay the fine or costs of prosecution, any duly constituted officer of such corporation shall suffer the imprisonment prescribed above.
Each day's neglect to comply with the provisions of this article shall be considered a new violation thereof, and subject in all respects to the same penalty as is herein provided, and a separate proceeding may be instituted and a separate fine imposed for each offense committed after the first conviction.
[Adopted 4-7-2016 by Ord. No. 738]
This article shall be known as the "Refuse Disposal and Recycling Ordinance."
For the purposes of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number shall include the plural number. The word "shall" is always mandatory and not merely directory.
ALUMINUM
Includes all food and beverage containers made of aluminum. This specifically excludes aluminum foil, trays, plates, and other miscellaneous aluminum products.
ASHES
Residue from the burning of wood, coal, coke, or other combustible materials for the purpose of heating or cooking.
BIMETALLIC CANS
All food and beverage containers made of steel (ferrous) cylinder and bottom and aluminum tops or bottoms.
BOROUGH
The Borough of Lemoyne, Cumberland County, Pennsylvania.
BOROUGH COLLECTION SERVICE
A service for the collection of solid waste, recyclables, yard waste, leaf waste and bulky waste, which is provided by the Borough or the Authorized Borough Contractor.
BOROUGH CONTRACTOR
A person designated by the Borough by means of an independent contract, which said contract was placed for bid in accordance with Chapter 14 of the Borough Code,[1] to have the exclusive right and privilege, subject to certain limitations, to collect, haul and/or dispose of solid waste and recyclables within the Borough of Lemoyne, but shall not be construed as meaning that such person is an employee, official or representative of the Borough.
BRUSH
Tree, shrub and similar trimmings or part six inches are greater in diameter and/or six feet or greater in length; excluding leaf waste and grass clippings.
BULK ITEM
Any item that is not normal municipal waste and cannot be placed in containers in accordance with provision of § 445-7 of this article.
BULKY WASTE
Large items of waste, including but not limited to appliances, furniture, large auto parts, trees, stumps and brush.
CHIPBOARD
Paperboard used for backing sheets on writing pads, partitions within boxes, cereal boxes, shoeboxes and the like.
COMMERCIAL ESTABLISHMENT
An establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters, which produce in excess of five thirty-two-gallon containers of municipal solid waste and recyclables per week.
COMMINGLED
Refers to placement of recyclable materials as defined herein, without segregation by color or type in a special recycling container for the purpose of collection.
COMMUNITY ACTIVITIES
Events sponsored in whole or in part by the Borough, or conducted within the Borough and sponsored privately, which include, but are not limited to fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in parallel furrows and ridges.
CUMBERLAND COUNTY SOLID WASTE AUTHORITY LICENSEE (COUNTY LICENSEE)
A person, not the Borough Contractor, licensed by the Solid Waste Authority of Cumberland County, to collect, haul and/or dispose of solid waste and/or recyclables from persons not exclusively within the area of responsibility of the Borough Contractor.
CURBSIDE COLLECTION
The collection of municipal waste and recyclables when placed at the edge of a curb or paving of a street or alley.
DWELLING
A building used for residential purposes, except hotels, boarding and lodging houses, tourist cabins, motels and apartments with more than four dwelling units.
DWELLING UNIT
One or more rooms in a dwelling which room or rooms has fixed cooking facilities arranged for occupancy by one person, two or more persons living together, or one family or familial unit.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowl, fruits, vegetables and parts thereof and all other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
GLASS
The hard, brittle, transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually or conveniently included in the manufacture of glass; and shall for the purpose of the Borough's solid waste/recycling contract include all materials commonly known as glass bottles or containers. This includes all food and beverage containers made of glass of one gallon or less capacity. Excluded are blue glass, ceramics, pottery, and flat glass commonly known as window or plate glass.
HAZARDOUS WASTE
Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency and/or appropriate agency of the state to be "hazardous" as that term is defined by or pursuant to federal and/or state law.
HDPE
High-density polyethylene used to make plastic products labeled with the number 2.
HIGH-GRADE OFFICE PAPER
Printed or unprinted sheets, shavings and cuttings of sulphite or sulphate ledger, bond, writing and other pages which have similar fiber and filler content. This grade must be free of treated, coated, padded or heavily printed stock. This includes lightweight office paper, i.e., bond, copy paper and onionskin, as well as computer paper.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people for a common purpose, such as hospitals, schools and nursing homes.
LEAF WASTE
Leaves, garden residues and similar material approved by the Public Works Department, and shrubbery and tree trimmings less than six feet in length and six inches in diameter, but not including grass clippings.
MAGAZINES
Periodicals containing articles, stories, pictures or other features printed on glossy paper.
MAIL
White or colored paper correspondence as received through the U.S. Postal Service, specifically, letters, brochures, and envelopes with or without cellophane windows.
MIXED PAPER
Newspaper, glossy inserts, magazines, catalogues, telephone books and chipboard.
MIXED-USE BUILDING
A building which contains dwelling units and a commercial establishment and/or a small business unit; not including home occupations.
MULTIFAMILY DWELLING
Five or more dwelling units in a building; includes condominiums.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
MUNICIPAL SOLID WASTE
Any garbage, refuse, lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or industrial establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] from a municipal, commercial, or industrial water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPAPER
Types of paper made from wood pulp and/or other fibrous materials mixed together, either with or without chemicals, to produce thin sheets of the products customarily and primarily used for the production of newsprint; "newspaper" further means and includes glossy paper inserts commonly used in advertisements.
PERSON
Every natural person, firm, corporation, partnership, association or institution.
PET
Polyethylene terephthalate used to make plastic products labeled with the number 1.
PLASTIC BOTTLES
All plastic containers number 1 through number 7, inclusive, in which the neck of the container is smaller than its base.
PROCESSING CENTER
Any facility maintained for the purpose of sorting, preparing and/or consolidating recyclable materials for sale.
PUBLIC NUISANCE
Any premises which is capable of being a fire, health or safety hazard due to but not limited to accumulations of any flammable materials, solid waste, recyclables or hazardous waste; or any premises which contains unauthorized accumulations of solid waste and/or recyclables.
RECYCLABLE ITEMS, RECYCLABLE MATERIALS, RECYCLABLES
Includes colored and clear glass, aluminum cans, PET and HDPE plastic containers, corrugated cardboard, mail, newspaper, steel and bimetal cans, and, without limiting the foregoing, such other materials as the parties to the Borough's solid waste/recycling contract may agree in writing.
RECYCLING AWARENESS PROGRAM
The program provided by the Borough in conjunction with programs developed by the county to inform and encourage residents to use the recycling collection services.
RECYCLING COLLECTION SERVICES
Those services to be performed by the Borough or the Borough Contractor, including the collection and conveyance of recyclable materials; processing of recyclable materials as applicable; and marketing of the recyclable materials.
REFUSE AND SOLID WASTE
A general term which shall mean all matter and materials which are discarded or rejected by the owners or producers thereof as offensive or useless, or which by their presence or accumulation may injuriously affect the health, comfort, and safety of the citizens of the Borough of Lemoyne; it shall include ashes, garbage, rubbish, trash, and other refuse materials, but exclude human body waste; debris from household renovations, whether interior or exterior; dirt; rock; lead pipes; limbs or the trunks of trees greater than six feet in length and six inches in diameter; hazardous wastes; and recyclable items as defined herein.
REFUSE COLLECTION SERVICES
Those services to be performed by the Borough or the Borough Contractor, including collection of refuse; transportation of refuse in trucks; and disposal of refuse at a facility licensed by the Pennsylvania Department of Environmental Protection (DEP).
RESIDENTIAL BUILDING
A building used for residential purposes, except multifamily dwellings, boardinghouses, hotels, motels, hospitals, nursing homes, fraternities, or sorority houses.
RUBBISH
Branches, trees, sawdust, chips, shavings, wood, woodenware, leather, rags, grass, straw, manure and all solid combustible matters not included in this section under the term "garbage."
SMALL BUSINESS UNIT
A business establishment that produces five or less thirty-two-gallon containers of municipal solid waste and recyclables per week.
SOLID WASTE COLLECTION SERVICES
Those services to be performed by the Borough collector or a county licensee, which include the collection of solid waste from locations specifically designated by the Borough, the Borough Contractor or county licensee, transportation of solid waste in trucks and disposal of solid waste at a facility licensed by the Pennsylvania Department of Environmental Protection (DEP).
SOURCE-SEPARATE RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purposes of recycling. The term is limited to clear, glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and other marketable grades of paper.
STEEL CANS
All food and beverage containers made of steel.
TRUCK(S)
Vehicle(s) used for the collection of solid waste and recyclables which has mounted thereon an approved type, watertight sanitary body or which has a standard truck body made watertight and equipped with means of covering to prevent loss of material by wind.
YARD WASTE
Material such as garden residue, tree trimmings, shrubbery, and any other organic landscape vegetation, not longer than six feet in length and six inches in diameter. Grass clippings, leaves, fruits and vegetables, and tree stumps are specifically excluded.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1401 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
Residential buildings or municipal establishments. It shall be mandatory for all persons who are owners, lessees and occupants of residential buildings or municipal establishments within the Borough to separate the following materials to be discarded and to store such materials until collection:
(1) 
Clear glass.
(2) 
Colored glass.
(3) 
Aluminum cans.
(4) 
Plastic (PET) soda bottles.
(5) 
Plastic milk and water jugs (HDPE).
(6) 
Corrugated cardboard.
(7) 
Newspaper.
(8) 
Steel and bimetallic cans.
(9) 
Mail.
(10) 
Aerosol cans.
(11) 
Chipboard.
(12) 
Mixed paper.
(13) 
Office paper.
(14) 
Shredded paper.
B. 
Lead acid batteries to be discarded. It shall be mandatory for all persons within the Borough to separate lead acid batteries from other solid waste and to dispose of such a battery 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 of Pennsylvania.
C. 
Modification of recyclable materials collected. The Borough reserves the right to negotiate with the Borough Contractor a change in recyclable items at any time depending on the marketability of recyclable materials and requirements of Pennsylvania state law, rule or regulation.
A. 
Preparation of solid waste, recyclables, ashes, yard waste, and bulky waste.
(1) 
Preparation for collection by the Borough or Borough Contractor.
(a) 
All garbage and rubbish shall be drained of liquids before being deposited for collection.
(b) 
Recyclables shall be drained of liquids and rendered free of garbage and rubbish before being deposited for collection.
(c) 
Ashes shall be stored in a noncombustible container until cool.
(d) 
All materials shall be otherwise prepared for collection in accordance with any regulations established by the Borough Manager.
(2) 
Preparation for collection by a county licensee. The manner of preparation of solid waste, recyclables, ashes and bulky waste for collection by a county licensee is a matter of agreement between the private parties involved; provided, however, that such manner shall be subject to the power of regulation of the Borough Manager and shall not be unnecessarily offensive to the senses, attractive to vectors, creative of other nuisances, unsafe or unhealthy.
B. 
Containers.
(1) 
Containers to be collected by the Borough or Borough Contractor.
(a) 
Solid waste to be regularly collected by the Borough or the Borough Contractor, shall be placed in refuse containers of durable, watertight, rust-resistant materials having a close-fitting lid with handles and a capacity of approximately 32 gallons, and shall be of such size as can be easily handled by one man; and/or durable watertight plastic bags. In no case shall the weight of a filled container or bag exceed 50 pounds.
(b) 
Recyclables to be regularly collected by the Borough or Borough Contractor shall be placed in a container which is clearly distinguishable from that which is used for the collection of solid waste. Acceptable containers include those containers previously distributed by the former Borough Contractor, containers provided by the Borough, or other containers similar in size likeness to those previously mentioned. In no case shall the weight of a filled container exceed 50 pounds.
(c) 
Cooled ashes shall be removed by special arrangements and containers therefor will be specified by the Borough or the Borough Contractor when those arrangements are made.
(d) 
Yard waste shall be placed in biodegradable paper bags or bundled for announced special collection dates.
(e) 
Bulk item pickup shall be limited to one item per week. No container is necessary for said item. Bulk item shall be placed with other refuse and recyclable items to be picked-up by Borough or Borough Contractor.
(f) 
Upon request appliance collection and additional bulk items collection is available by special arrangement with the Borough or Borough Contractor, whereby placement and storage will be designated.
(2) 
Containers to be collected by county licensee. The containers for solid waste, recyclables, ashes and bulky waste to be collected by a county licensee are a matter for agreement between the private parties involved; provided, however, that such containers shall be subject to the power of regulation of the Borough Manager, that containers for garbage and rubbish to be collected shall consist of tightly closed containers of sufficient weight, composition and strength to prevent escape of the contained material; that receptacles for ashes to be collected shall consist of non-bulk containers of sufficient weight, composition and strength to prevent escape of the contained ashes; and that no manner of containing solid waste or recyclables for collection shall be unnecessarily offensive to the senses, attractive to vectors, creative of other nuisances or unsafe; and, provided further that approved bulk containers of metal, watertight with tight-fitting covers, may be used for commercial and industrial solid waste and recyclables and waste from apartment buildings and that, in the case of bulky waste being by its nature impractical of containment and incapable of causing litter, no container shall be required for collection purposes.
C. 
Storing of solid waste, recyclables, bulk items, yard waste, and leaf waste. No person shall place any solid waste or recyclable in any street, alley or public place or upon any private property, whether owned by such person or not, within the Borough, except in proper containers for collection or under an express approval by the Borough Manager. No person shall place or keep any refuse container, biodegradable paper bag filled with leaves or recycle collection container on or within 10 feet of any street, alley, sidewalk or public place, except for placement for collection not more than 24 hours prior to the time of scheduled collection, which shall be removed within 24 hours of collection. No person shall throw or deposit any solid waste or recyclables in any stream or other body of water. Leaves fallen from trees shall not be placed or allowed to remain upon or collected in piles upon any street or sidewalk but will be collected by the Borough, on dates scheduled therefor, if placed in biodegradable paper bags, not to exceed 50 pounds in weight when filled, and set out upon the curb or elsewhere as directed by the Borough Manager.
D. 
No burning permitted. No burning of rubbish, solid waste, leaf waste, yard waste, or recyclables, either openly or in closed containers, will be permitted in the Borough of Lemoyne.
A. 
Residential buildings and municipal establishments. Solid waste and recyclables from all residential buildings and municipal establishments within the Borough shall be collected by the Borough Contractor. Solid waste and recyclables shall be collected by the Borough or Borough Contractor from residential buildings and municipal establishments as often as necessary, and specifically at least weekly, unless prevented by unusual circumstances. Both services shall be provided on the same day of the week.
B. 
Multifamily dwellings. This Subsection B shall govern collection practices for multifamily dwellings located upon one tract of land (one lot).
(1) 
The owner, landlord or an agent of an owner or landlord of multifamily dwelling may contract with the Borough Contractor for collection of solid waste. Said contract shall provide for a practical system of collection and storage of tenants' solid waste. In the alternative, if an owner, landlord or agent of an owner or landlord chooses not to utilize the Borough Contractor for collection of solid waste, such owner, landlord or agent of an owner or landlord shall contract with a county licensee for the collection of solid waste at each property. The collection system must provide containers that are suitable for collecting and sorting materials, be easily accessible and include written instructions to the occupants concerning the use and availability of the collection system. Any contract other than with the Borough Contractor must be with a county licensee. Owners, landlords and agents of owners or landlords shall not be liable for noncompliance of the occupants of their buildings if they utilize either the Borough Contractor or a county licensee as aforesaid.
(2) 
Recycling is not required for multifamily dwellings, but is highly encouraged. Voluntary reporting to the Borough of recyclables collected is also encouraged.
(3) 
Recycling of electronic waste shall be the responsibility of residents in accordance with applicable Pennsylvania law.[1] Residents may call the Borough or Cumberland County for the latest information on electronic waste recycling options.
[1]
Editor's Note: See Covered Device Recycling Act (Act 108 of 2010), 35 P.S. § 6031.101 et seq..
C. 
Commercial and institutional establishments.
(1) 
Commercial and institutional establishments may use the Borough collection service for the collection of solid waste by contracting with the Borough Contractor for collection of said items pursuant to the contract for such service between the Borough and Borough Contractor. In the alternative, if a commercial or institutional establishment chooses not to utilize the Borough Contractor for collection of solid waste, such commercial or institutional establishment shall contract with a county licensee for the collection of solid waste at each property.
(2) 
Recycling is not required for commercial and institutional establishments, but is highly encouraged. Voluntary reporting to the Borough of recyclables collected is also encouraged.
D. 
Points of collection.
(1) 
Collection by the Borough or Borough Contractor. Solid waste, recycling containers, yard waste and bulk items for collection by the Borough or Borough Contractor from a given property shall be placed at ground level on the property or sidewalk abutting said property and not within the cartway of a street or alley. Said material shall be accessible to and not more than 10 feet from the side or curb of the street or alley from which collection is made. Said placement for collection shall be not more than 24 hours prior to the time of a scheduled collection and removal of all containers shall occur no more than 24 hours following the time of collection.
(2) 
Collection by a county licensee. Points of collection of solid waste and recyclables by a county licensee are a matter for agreement between the private parties involved; provided, however, that such points shall be subject to the power of regulation of the Borough Manager, that no cartway of a street or alley shall be employed as a point for the placing of waste containers, that no sidewalk shall be employed for the placing of such containers in a manner which disrupts its function; and that such points shall not constitute a nuisance, health or safety peril or unnecessary offense to the senses.
E. 
Hazardous waste disposal. Hazardous waste shall not be placed in containers for regular collections but shall be handled and disposed of in an alternate and safe manner and in accordance with all applicable federal, state and local statutes, ordinances, rules and regulations.
F. 
Prohibited collection hours. No Borough Contractor, county licensee or other person shall collect, or remove for disposal, solid waste and/or recyclables from any location within the Borough between the hours of 6:00 p.m. and 6:00 a.m. prevailing time, except upon prior authorization from the Borough Manager or his designee. Such prior authorization shall be granted only when special conditions exist (delayed collection through no fault of the collector, holiday collection, early landfill closing or exceptional weather conditions) which would result in a collection delay. Any person violating this section shall be subject to the penalties set forth in § 445-14 of this article. In addition to those penalties, a licensee who violates this section shall be subject to revocation of any license obtained under the provisions of § 445-9 of this article.
A. 
It shall be unlawful for any person other than the Borough to collect, haul and/or dispose of solid waste or recyclables in the Borough unless a license to so collect, haul and/or dispose of such solid waste and recyclables shall have been first obtained or a contract exists between the Borough and the person collecting, hauling and/or disposing of solid waste and/or recyclables. Such license shall be issued by the Solid Waste Authority of Cumberland County. Each such collection in violation hereof shall constitute a separate and distinct offense, punishable as hereinafter provided.
B. 
It shall be unlawful for any person, other than the Borough or Borough Contractor, to collect, haul and dispose of solid waste or recyclables in the Borough unless such a permit, current and valid, is so affixed to the vehicle employed.
C. 
To the extent permitted by law, the Borough shall use reasonable efforts to inform residents of the benefits which may be obtained from recycling, the types of waste which are recyclable and the schedule for collection of recyclables.
D. 
The Borough Contractor may be required, on or before the last day of each month, to provide a monthly recycling report to the Borough Manager, which shall be submitted in the form requested by the Borough, and shall include complete information with respect to the amounts of each recyclable material collected during the preceding month.
Ownership of solid waste, including recyclable material, set out for collection shall be vested in the Borough or the Borough Contractor as of the time it is collected by the Borough.
The Borough shall establish a comprehensive and sustained public information and education program concerning the recycling program features and requirements in accordance with the Act of July 28, 1988 P.L. 556, 53 P.S. § 4000.1501(d).
A. 
Fees for the collection of refuse and recyclable items shall be rationally related to the disposal costs thereof and if the refuse and recyclable items are not collected by the Borough directly, will be the result of a publicly bid contract awarded to the lowest responsible bidder in accordance with the procurement of services statutes of Chapter 14 of the Borough Code, 8 Pa.C.S.A. § 1402.
B. 
Where collection by a county licensee is permitted, fees for the collection and disposal of solid waste, recyclables, ashes and bulky waste by such licensee are a matter for agreement between the private parties involved.
C. 
No abatement. Unless otherwise provided herein, no abatement of a fee for collection shall be allowable because of an election to not use the refuse service provided herein or because of vacancy, except where such vacancy shall have continued for a period of not less than 365 days and where written notice (in a form acceptable to the Borough Manager) shall have been given by the owner of such unit to the Borough Manager that said unit has been vacant for 365 days and that it is anticipated to be vacant for another 365 days. The owner will notify the Borough when said vacancy terminates and said unit will thereafter billed on a prorated basis.
The Borough Manager or his/her designee shall have the authority to enforce the provisions of this article, as shall any Code Enforcement Officer or police officer of the Borough.
A. 
Any person violating any of the provisions of this article shall be subject to a fine of not less than $100 nor more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs, to imprisonment for a term not exceeding 30 days.
B. 
Any owner, lessee or occupant of a residential building who disposes of solid waste or recyclables through a means of collection by a hauler within the Borough other than the Borough or Borough Contractor shall be deemed to have violated this article. Each such act in violation hereof shall constitute a separate and distinct offense punishable as herein provided.
C. 
It shall be a violation of this article for any person(s) unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such solid waste or recyclable. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as herein provided.
D. 
Any premises on which conditions of waste exist causing it to be a public nuisance is prohibited. Failure to remove or remedy said public nuisance after receiving written notice to do so shall be deemed a violation of this article, punishable as herein provided.
E. 
Nothing herein is intended to preclude the Borough's exercise of any additional remedies, in law or in equity, for noncompliance with this article.