[HISTORY: Adopted by the Borough Council of the Borough of
Lemoyne as indicated in article histories. Amendments noted where
applicable.]
[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.
Includes all food and beverage containers made of aluminum.
This specifically excludes aluminum foil, trays, plates, and other
miscellaneous aluminum products.
Residue from the burning of wood, coal, coke, or other combustible
materials for the purpose of heating or cooking.
All food and beverage containers made of steel (ferrous)
cylinder and bottom and aluminum tops or bottoms.
The Borough of Lemoyne, Cumberland County, Pennsylvania.
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.
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.
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.
Any item that is not normal municipal waste and cannot be placed in containers in accordance with provision of § 445-7 of this article.
Large items of waste, including but not limited to appliances,
furniture, large auto parts, trees, stumps and brush.
Paperboard used for backing sheets on writing pads, partitions
within boxes, cereal boxes, shoeboxes and the like.
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.
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.
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.
Structural paper material with an inner core shaped in parallel
furrows and ridges.
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.
The collection of municipal waste and recyclables when placed
at the edge of a curb or paving of a street or alley.
A building used for residential purposes, except hotels,
boarding and lodging houses, tourist cabins, motels and apartments
with more than four dwelling units.
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.
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.
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.
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.
High-density polyethylene used to make plastic products labeled
with the number 2.
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.
Those facilities that house or serve groups of people for
a common purpose, such as hospitals, schools and nursing homes.
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.
Periodicals containing articles, stories, pictures or other
features printed on glossy paper.
White or colored paper correspondence as received through
the U.S. Postal Service, specifically, letters, brochures, and envelopes
with or without cellophane windows.
Newspaper, glossy inserts, magazines, catalogues, telephone
books and chipboard.
A building which contains dwelling units and a commercial
establishment and/or a small business unit; not including home occupations.
Five or more dwelling units in a building; includes condominiums.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
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.
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.
Every natural person, firm, corporation, partnership, association
or institution.
Polyethylene terephthalate used to make plastic products
labeled with the number 1.
All plastic containers number 1 through number 7, inclusive,
in which the neck of the container is smaller than its base.
Any facility maintained for the purpose of sorting, preparing
and/or consolidating recyclable materials for sale.
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.
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.
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.
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.
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.
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).
A building used for residential purposes, except multifamily
dwellings, boardinghouses, hotels, motels, hospitals, nursing homes,
fraternities, or sorority houses.
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."
A business establishment that produces five or less thirty-two-gallon
containers of municipal solid waste and recyclables per week.
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).
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.
All food and beverage containers made of steel.
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.
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.
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.
