[Ord. No. 306, 12/11/2000; as amended by Ord. No. 319, 12/13/2004;
and by Ord. No. 328, 7/14/2008]
For the purpose of this Part, the following terms, phrases or
words shall have the meanings described to them in this section except
where the context in which the word is used clearly indicates otherwise.
Residue from the burning of wood, coal, coke, paper or other
combustible material.
The Elizabethville Borough, Dauphin County, Pennsylvania.
That individual, partnership, firm, corporation or business
entity designated by the Elizabethville Area Authority by means of
an independent contract as the person having the exclusive right to
collect refuse within the Borough, but shall not be construed as meaning
that said person is an employee, official or representative of the
Borough.
Any multi-unit business center exceeding four units, including
agricultural, commercial, institutional or industrial firms.
The use of any premises other than as a dwelling, and shall
include hotels, boarding and lodging houses, tourist cabins, motels,
and trailers.
Solid waste resulting from the construction or demolition
of buildings and other structures, including, but not limited to wood,
plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separate
from other waste and are used as clean fill:
The receptacle in which refuse is placed for collection,
including cans, boxes and plastic bags, provided, however, that they
are so constructed so as to be fit for permanent use, or in the case
of bags, for one time use.
The County of Dauphin, Commonwealth of Pennsylvania.
A building used for residential purposes but shall not include
hotels, boarding and lodging houses, tourist cabins, motels and trailers,
that are considered commercial establishments.
One or more rooms in a dwelling, which room or rooms have
fixed cooking facilities and are arranged for occupancy by one person,
two or more persons living together or one family.
All animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of foods.
Any waste which by virtue of its quantity or content presents
a hazard to the individuals handling it, a hazard to public health
or source of potential pollution to the air or waters of the Commonwealth
of Pennsylvania or which makes land unfit or undesirable for normal
use; including, but not limited to, herbicides, explosives, pathological
wastes, radioactive materials and any materials defined as hazardous
wastes by federal or state law or regulations.
Garbage, rubbish, ashes and industrial lunchroom or office
waste and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments or from community activities.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed or processed
as municipal waste.
Any residential unit occupied by persons other the owners
of the property on a lease basis.
Any customer, including multi-family dwelling units and mobile
home parks, small business establishments, churches, municipal offices
and such other places not fitting within the definition of commercial
customer.
All solid household wastes, except body wastes, other than
garbage and ashes, such as magazines, glass other than containers,
ceramics, plastics other than beverage-containers and laundry detergent
containers, small scraps of wood, etc.
[Ord. No. 306, 12/11/2000; as amended by Ord. No. 328, 7/14/2008]
It shall be mandatory for every rental unit, residential customer,
commercial establishment and commercial customer to have all their
municipal waste and construction/demolition waste collected by the
Borough Collector. Each rental unit, commercial establishment, and
residential and commercial customer shall have their municipal waste
collected at least once per week or more often if necessary. The Borough
Collector shall be used for construction/demolition waste, unless
the said Collector does not have available the necessary receptacle,
thereupon which the customer may utilize another waste collector.
[Ord. No. 306, 12/11/2000]
1.Â
The Elizabethville Area Authority is hereby authorized as follows:
A.Â
To award
any contract to a reputable private hauler to be the exclusive Borough
collector for the removal of municipal waste within the Borough as
may be reasonable and beneficial to the Borough's citizens and
in compliance with all laws of the Commonwealth of Pennsylvania.
B.Â
To establish
fair and uniform rates on a periodic basis as the Authority may determine
which residents and owners of property within the Borough shall pay
to the Authority for the removal of garbage including the establishment
of classes or rates for commercial establishments, businesses, single-family
dwellings, apartment houses and industries.
C.Â
To bill
customers on a monthly or quarterly basis on the same billing with
customer's sewer account, if possible.
D.Â
To promulgate
such rules and regulations and to enter into such contracts and conduct
such other business as may be necessary to effectively and efficiently
regulate the collection of municipal waste within the Borough of Elizabethville.
[Ord. No. 306, 12/11/2000; as amended by Ord. No. 319, 12/13/2004;
and by Ord. No. 348, 3/9/2015]
1.Â
Each person shall prepare his/her municipal waste as follows:
A.Â
All municipal waste shall be drained of liquid insofar as practical
and shall be placed in sanitary, closed containers not exceeding 32
gallons in size. Rust-resistant metal or plastic garbage cans may
be used, provided they have been manufactured specifically for the
home storage of solid waste. All refuse which cannot be disposed of
in containers shall be assembled, boxed, or bundled separately in
such a way that it can be handled conveniently and will not be disseminated
by wind, animals or otherwise while awaiting collection. All refuse,
except bulky waste, shall be placed in units which can be handled
by one person and shall be placed in containers or piled and assembled
in such way to facilitate collection. Except for bulky waste, no single
bundle or container shall weigh more than 60 pounds. The same shall
be placed within 15 feet of the public street thoroughfare, access
or alleyway where the hauler's vehicle will park to pick up the
municipal waste, garbage, refuse, bulky waste and other materials
to be collected or disposed of.
B.Â
All sanitary closed containers (garbage cans) are to be placed at
curbside or other designated pickup areas no earlier than 10:00 a.m.
the day before scheduled or, due to holiday, modified trash removal
day.
C.Â
Plastic garbage bags may be used only if they are stored indoors
and then placed at the curb or other designated pickup area no earlier
than 9:00 p.m. the day before scheduled or, due to holiday, modified
trash removal day.
D.Â
All sanitary containers (garbage cans) must be removed from the curb
or other pickup area no later than 10:00 a.m. the next day after the
trash removal.
E.Â
Storage of garbage cans and other municipal waste receptacles that
can be seen in plain sight of the public when observing the front
or street address side of homes, businesses, apartments and other
buildings is prohibited unless containers are hidden by screen, landscaping
or other permitted enclosures. The exception will be for short-term
rented/leased waste dumpsters due to construction and/or remodeling.
The waste dumpsters must be removed within seven days after such construction-type
project is completed.
[Ord. No. 306, 12/11/2000]
It shall be unlawful for any person other than the Borough Collector
to collect and haul municipal waste, within or from the Borough.
[Ord. No. 306, 12/11/2000]
All municipal waste shall be collected once a week at a time
set by the Borough collector and approved by the Authority. It shall
be unlawful for any person to allow any hazardous waste to be placed
in any container used for municipal waste of any nature.
[Ord. No. 306, 12/11/2000]
Containers shall be of durable, watertight, rust-resistant material
having a close-fitting lid and handles to facilitate collection. All
containers shall be kept in good and sanitary condition without the
accumulation of residue of liquids, solids or a combination of such
material on the bottom or sides of the container. No more waste shall
be allowed or permitted in garbage than naturally accommodates from
table refuse. They shall not be overfilled so as to endanger fouling
of highway from wind, jolting or other causes and shall be cleaned
at sufficiently frequent intervals to prevent any nuisances from odors.
Any container that does not conform with this Part or that is likely
to injure the Borough collector or his employees or hamper the prompt
collection of municipal waste shall be replaced upon notice. Failure
to replace said defective container, may result in the loss of municipal
waste collection until such time as the Container is replaced.
[Added by Ord. No. 335, 11/19/2010]
1.Â
Any person using a temporary container, such as a dumpster or Bagster®,
in the Borough of Elizabethville shall secure a permit. An application
shall be completed on a form supplied by the Borough.
2.Â
Any temporary container, such as a dumpster or Bagster®, placed
on any street in the Borough shall have lights, cones or some other
type of visibility marker located on and around the dumpster.
3.Â
Any temporary container, dumpster or Bagster® that is situated
on grass, topsoil, or on a street in the Borough shall be placed on
wooden planks.
4.Â
The person securing the permit shall keep the area around the dumpster
free of refuse, debris, nails, screws and any other type of material.
5.Â
Containers, dumpsters and Bagsters® not in immediate use shall
be covered and secured to prevent debris from being blown or washed
out of the container.
6.Â
The permit issued by the Borough shall be visible on the property.
7.Â
The permit shall expire within six months from the date it was issued;
however, the permit may be renewed by application prior to the expiration
date.
8.Â
There shall be a fee for the permit, said fee set by resolution of
the Borough Council.
9.Â
A temporary container, such as a dumpster or Bagster®, is one
that is on a property for a specific one-time purpose, such as construction
debris from contracting work or cleanout of a property, and the dumpster
is not there for the day-to-day disposal of municipal waste on a permanent
basis.
[Ord. No. 306, 12/11/2000]
The fees for collection and disposal of municipal waste shall
be at a rate as established by a contract approved by the Authority
with the Borough collector. Such fees shall be billed not less than
quarterly.
[Ord. No. 306, 12/11/2000]
On and after the passage of this Part, it shall be unlawful
at any place within the confines of the Borough to dump or deposit,
except for collection, garbage, ashes, rubbish, debris or any other
municipal waste of any nature per regulations of the County and the
Department of Environmental Protection of the Commonwealth of Pennsylvania.
In addition, all federal, state and county regulations regarding the
burning of waste materials are applicable as well. Further, no person
shall deposit garbage, ashes, rubbish, debris or any other municipal
waste of any nature into any container within the Borough not owned
by such person, or not located on property owned or occupied by such
person, without the consent of the owner of that container or the
owner of that property as the case may be.
[Ord. No. 306, 12/11/2000]
1.Â
Any person violating any of the provisions of this Part shall, upon
conviction before a District Justice, be sentenced to pay a fine of
not less than $300 nor more than $1,000 and costs of prosecution,
and in default thereof to suffer imprisonment for not more than 30
days. A separate offense shall be deemed committed on each period
of 10 days during which a violation of this Part continues.
2.Â
In addition to the foregoing penalty, the Borough may require the
owner or occupier of the property to remove any accumulation of municipal
waste and manifest the proper disposal thereof, and should said person
fail to remove the same within 10 days' of written notice, the
Borough may cause the same to be done and collect the costs thereof,
together with a penalty of 10% of such costs in the manner provided
by law for the collection of municipal lien claims or by action in
assumpsit or may seek relief by bill in equity.
