[HISTORY: Adopted by the Borough Council of the Borough of West York as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-1986 by Ord. No. 389]
Unless the context specifically or clearly indicates otherwise, the following words, terms and phrases shall have ascribed to them the stated meaning:
IMPROVED PROPERTY
Any real estate within West York Borough upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings and from which structure refuse emanates.
OWNER
The person or persons vested with title, legal or equitable, of improved property located in West York Borough.
PERSON
Any individual, partnership, company, association, society, corporation or other entity.
REFUSE
All garbage, rubbish, ashes, debris or other solid waste included in the definition of "solid waste" as set forth in Chapter XIX of the Code of Ordinances of West York Borough.[1]
UNIT
Each residential and nonresidential occupancy and use of improved property as follows:
A. 
A residential unit shall consist of each private dwelling, each dwelling unit in a multidwelling structure, each apartment, each room or group of rooms, mobile home or other enclosure occupied or intended for occupancy as separate living quarters by a family or group of persons living together or by persons living alone.
B. 
A nonresidential unit shall consist of each business, commercial, industrial or other nonresidential use and occupancy of improved property separately owned, managed or operated.
[1]
Editor's Note: So in original. Former Chapter XIX of the 1981 Code of Ordinances has since been replaced by Article II of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
There is hereby imposed and assessed upon the owner of improved property a refuse collection and disposal charge as set by resolution of the Borough Council per year for each unit located on and occupying such improved property. The said charge shall be effective and commence on July 1, 1986, and shall continue thereafter until rescinded or modified as hereinafter provided.
The owner of improved property shall be liable and responsible for the payment of the refuse collection charge notwithstanding that the unit is leased, used or occupied by another person.
A. 
Bills and notices of the refuse collection and disposal charges will be mailed to the owner's last address as shown on the records of the Borough. All such bills shall be due when rendered and the owner or owners shall be jointly and severally liable for the payment of the charges together with penalties and interest for delinquent payment as herein set forth. The bills shall be payable at the place or places designated thereon.
B. 
The bills shall be rendered on an annual, semiannual or quarterly basis as the Borough shall from time to time by resolution establish. Said bills shall be in such form as the Borough shall determine and may be on the same form of or accompany other similar assessments of the Borough such as sewer service charges.
C. 
If the full amount of such bill is not paid within 60 days from the date of billing, a penalty of 1% per month of the face amount thereof shall be added thereto for each month until the same is paid or entered as a lien as herein provided. Any bill which remains unpaid after 180 days shall be entered as a lien against the improved property pursuant to the Municipal Lien Law, which lien shall bear interest at the rate of 1/2 of 1% per month on the gross amount due until paid in full together with lien costs.
D. 
Failure of any owner to receive a bill for refuse charges due to the failure of such owner to notify the Borough of his correct address, or failure of any owner to receive a correct bill for refuse charges by reason of the failure of such owner to notify the Borough of the use or uses and occupancy of the improved property, or any portions thereof shall not excuse nonpayment or failure to pay the amount which would be properly applicable to the use or uses and occupancy of the improved property.
The owner of an improved property with a unit or units serviced under a private contract with a licensed refuse collector and whose unit or units are not serviced under the contract of the Borough with its contracted collector may be relieved from the payment of the refuse collection and dispose charges imposed in § 380-2. In order to be relieved of the charges, such owner shall, within 30 days after receipt of a bill for refuse charges, apply to the Borough for relief from the charges and produce proof satisfactory to the Borough that the unit or units are being serviced under a private contract.
The Borough Council shall have the right to establish by resolution from time to time such rules and regulations as are necessary to implement this article and effect the purpose thereof.
The Borough Council shall have the right by resolution to modify the amount of the refuse collection and disposal charge established hereby. Such modifications shall be made on a calendar year basis at the time of and in conjunction with the budgetary process for a succeeding calendar year.
Each owner of improved property shall give the Borough written notice of his address, any change of address, and change of ownership, and of the use or uses and occupancy of such owner's improved property, or any part thereof, or any change in such use or uses and occupancy.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of York County.
[Adopted 2-18-1990 by Ord. No. 418]
The purpose of this article is to provide for the proper storage, collection, transportation and disposal of municipal waste generated within the Borough by implementing the York County Municipalities Solid Waste Management Plan Update, as adopted with amendments by the Borough. It is the further purpose of this article to establish and implement a source-separation and collection system for recyclable materials as required by Chapter 15 of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101. In furtherance of both purposes, the Council adopts and incorporates herein by reference the legislative findings, purposes and goals set forth in Section 102 of said Act.
As used in this article, the following words and terms shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101, as now or hereafter amended.[1]
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as now or hereafter amended.[2]
ALUMINUM
All food and beverage cans made of the light in weight, ductile and malleable metallic substance or element commonly known as "aluminum." This description excludes aluminum foil, trays, plates and miscellaneous aluminum products.
COLLECTOR
An individual, partnership, firm, or corporation which has been licensed by the Borough to collect and transport municipal waste.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
COMMENCEMENT DATE
January 1, 1991, the date upon which Borough's mandatory recycling program begins.
COMMINGLED
Recyclable materials:
A. 
Which have been segregated from regulated municipal waste but which have not been separated into different types of recyclable materials; and
B. 
Which have been placed in a recycling container for the purpose of collection.
CORRUGATED PAPER
Layered paper or cardboard in which one or more layers is pressed into parallel grooves or ridges and which is normally used for wrapping, packing, shipping and/or the storage of dry materials.
CURBSIDE
The correct location for the placement of refuse containers and recycling containers for the purpose of collection by a collector, which shall be:
A. 
Adjacent to the residential unit; and
B. 
No more than five feet from the public street used by collection vehicles.
DESIGNATED RECYCLABLE MATERIALS
Those recyclable materials designated in § 380-23 of this article, or in the Borough's policies and procedures, for source separation.
DROPOFF CENTER
A facility maintained by the Borough with recycling containers for use by Borough residents in the disposal of designated recyclable materials.
EXISTING CONTRACT
Any contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or recyclable materials generated or located within the Borough which:
A. 
Was legally entered into prior to the effective date of this article; and
B. 
When entered into was legally enforceable.
GLASS
The hard, brittle and 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. For the purposes of this article, the term "glass" shall mean only those materials commonly known as "glass bottles or containers," including all food and beverage containers made of glass, whether clear or colored, of one gallon or less capacity. The term "glass" excludes containers of a greater capacity than one gallon, glass which is not in the form of bottles or containers, glass which is laminated, wired or mirrored, ceramics and crystal.
HIGH-GRADE OFFICE PAPER
Printed or unprinted sheets, shavings or cuttings of sulphite or sulphate ledger, bond, writing, or other paper having similar fibre and filler content, including, but not limited to, stationery, copy paper and computer paper. Treated, coated, padded and heavily printed stock is not included.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings of less than 1/4 inch in diameter and not more than 10 inches in length, and similar material, but not including grass clippings.
MULTIFAMILY UNIT
A property with four or more residential units, including, without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks within the Borough, excluding farms.
MUNICIPAL WASTE
Any garbage, refuse, 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 and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
NEWSPRINT
Paper of the type commonly used for the printing of newspapers and newspaper advertising or other supplements, but excluding glossy or coated paper of the type found in magazines and periodicals.
NONRESIDENTIAL UNIT
All commercial, municipal, institutional and community establishments, and all farms, within the Borough, excluding residential units and multifamily units.
OTHER MUNICIPAL WASTE
Furniture, appliances, building materials, bulky items and similar waste, but not including designated recyclable materials, regulated municipal waste, or leaf waste.
PERSON
Any individual, firm, partnership, corporation, associations, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLASTICS
Organic, synthetic or processed materials that are thermoplastic or thermosetting polymers of high molecular weight that can be molded, cast, extruded, drawn or laminated into objects, films or filaments.
POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to time by the Borough which govern and pertain to:
A. 
The Borough's recycling program; and
B. 
The collection storage or transportation of municipal waste within the Borough.
RECYCLABLE MATERIALS
Any material which would be regulated municipal waste but for source separation, and which will be separated, collected and processed into raw materials or products which are beneficially reused (other than as fuel).
RECYCLING CONTAINER
For residential units, the term "recycling container" shall refer to the container supplied and owned by the Borough. For multifamily units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has handles of adequate strength for lifting.
RECYCLING FACILITY
A facility designated to receive classified materials for transfer to a processing facility or a processing facility which creates or recovers reusable materials that can be sold or reused by a manufacturer as a substitute for or as a supplement to virgin raw materials.
RECYCLING
The separation, collection, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as regulated municipal waste and the recovery of reusable materials other than a fuel for the creation of energy.
REFUSE CONTAINER
A receptacle which is:
A. 
Constructed of plastic, metal, or fiberglass, having handles of adequate strength for lifting and having a tight-fitting lid capable of preventing entrance into the container by vectors or:
B. 
A polyethylene bag which:
(1) 
Is specifically designed for storage and collection;
(2) 
Is protected against animal damage and overloading so as to prevent littering or attraction of insects or rodents; and
(3) 
Has a holding strength capable of withstanding normal stresses until it is collected.
REGULATED MUNICIPAL WASTE
All municipal waste excluding designated recyclable materials, leaf waste and other municipal waste.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a multifamily building containing three or fewer dwelling units, excluding farms.
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials from the curbside or from a dropoff center.
SOURCE SEPARATE or SOURCE SEPARATION
The process of separating, or the separation of, materials from municipal waste at the point of origin for the purpose of recycling.
STEEL AND BIMETALLIC CANS
The ferrous metal food or beverage containers commonly known as "tin cans."
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
No person shall accumulate or store regulated municipal waste upon private or public property within the Borough except in accordance with the following:
A. 
Regulated municipal waste shall at all times prior to collection be kept or stored in a refuse container.
B. 
Regulated municipal waste consisting of garbage and similar organic waste materials shall not be permitted to accumulate for a period of time in excess of seven days. All other types of regulated municipal waste shall not be permitted to accumulate for a period of time in excess of 30 days.
C. 
The owner or operator of a multifamily unit or nonresidential unit shall provide refuse containers at easily accessible locations for the use of the occupants of such unit.
No person shall accumulate or store designated recyclable materials upon private or public property within the Borough except in accordance with the following:
A. 
Designated recyclable materials, if stored outside a building, shall be kept in a refuse container until placed at curbside for collection. If such materials are stored inside a building, they shall be kept in a recycling container or any type of container suitable for the purpose. When designated recyclable materials are placed at curbside for collection, they shall be contained in a recycling container or otherwise prepared and contained as provided in § 380-24.
B. 
Designated recyclable materials shall not be permitted to accumulate for a period of time in excess of 30 days.
C. 
The owner or operator of a multifamily unit or nonresidential unit shall provide recycling containers at easily accessible locations for the use of the occupants of such unit.
No person shall accumulate or store leaf waste upon any private or public property within the Borough except in accordance with the following:
A. 
Leaf waste for collection shall at all times prior to collection be kept or stored in a refuse container; provided, however, that leaves accumulated during the fall Borough leaf collection season may be raked or otherwise deposited uncontained in the street for collection by the Borough.
B. 
Leaf waste for collection shall not be permitted to accumulate for a period of time in excess of 30 days.
C. 
Leaf waste may be accumulated and stored on any property by the owner thereof or the occupant of any property with the consent of the owner, for the purpose of composting the material for use on the property. Such composting shall take place within an enclosure adequate to contain the leaf waste and prevent its intrusion onto other property.
No person shall accumulate or store other municipal waste upon private or public property within the Borough except in accordance with the following:
A. 
Other municipal waste shall at all times prior to collection be kept or stored inside a building.
B. 
Other municipal waste shall not be permitted to accumulate for a period of time in excess of one year.
All municipal waste shall be kept, stored and accumulated in such manner as to prevent the attraction, harborage or breeding of insects, rodents or other vermin, and to eliminate conditions harmful to the public health, or which create a safety hazard, odors, unsightliness, or a public nuisance.[1]
[1]
Editor's Note: Original § 8, Licensing of collectors, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The vehicles and equipment of each collector used in the Borough shall be adequate for the purpose to which such vehicles or equipment are being put. Any vehicle used for the collection of regulated municipal waste shall have a watertight enclosed metal body equipped with a compaction device. Any vehicle used for the collection of designated recyclable materials, leaf waste or other municipal waste shall be designed to prevent waste materials from blowing or otherwise escaping the vehicle. All vehicles and equipment shall at all times be kept in good repair and operating condition and be reasonably clean and odor free.
B. 
Collectors shall not cause or allow any municipal waste to be spilled and remain on any private or public property, street or alley during the course of collection, or during the course of transporting municipal waste within the Borough to the place of disposal.
C. 
Collectors shall file with the Borough on or before the 15th day of the month succeeding each calendar quarter a report covering the preceding calendar quarter which shall set forth such reasonable information as the Borough shall request, including, but not limited to:
(1) 
The volume of each of regulated municipal waste, designated recyclable materials, leaf waste and other municipal waste collected. The volume of designated recyclable materials shall be broken down into the volume of each designated material.
(2) 
The name and address of any person the collector shall observe who consistently fails to comply with any provision of this article.
D. 
All regulated municipal waste collected within the territorial limits of the Borough shall be transported to and be disposed of only at the resource recovery facility owned by the York County Solid Waste and Refuse Authority on Black Bridge Road in Manchester Borough, or in the event that such facility shall not be operating, at a facility designated by the said Authority, if any, and otherwise to a facility permitted by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
E. 
All designated recyclable materials collected within the territorial limits of the Borough shall be transported to and disposed of at a recycling facility.
F. 
All leaf waste collected within the territorial limits of the Borough shall be transported to and disposed of at such facility for the composting of leaf waste, a collection center designated by the Borough, or other site approved by the Borough.
G. 
All other municipal waste collected within the territorial limits of the Borough shall be transported to and disposed of at facility permitted for the disposal of such waste by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
A. 
All persons within the Borough shall source separate designated recyclable materials from the municipal waste generated by such person as hereinafter provided.
B. 
Each residential unit, multifamily unit and nonresidential unit within the Borough shall ensure that the designated recyclable materials generated at such unit are disposed of at a recycling facility.
C. 
In the case of a residential unit, compliance with Subsection B of this section may be obtained by the owner or occupant of each such unit:
(1) 
Placing such waste at curbside;
(2) 
Transporting such waste to a dropoff center; or
(3) 
Transporting such waste to a recycling facility.
D. 
In the case of a multifamily unit and a nonresidential unit, compliance with Subsection B of this section may be obtained by the owner or operator of such unit:
(1) 
Contracting with a collector; or
(2) 
Transporting such waste to a recycling facility.
A. 
Each residential unit, multifamily unit and nonresidential unit within the Borough shall ensure that the regulated municipal waste generated at such unit is disposed of at the resource recovery facility owned by the York County Solid Waste and Refuse Authority on Black Bridge Road, in Manchester Borough, or in the event that such facility shall not be operating, at a facility designated by the said Authority, if any, and otherwise to a facility permitted by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
B. 
Compliance with Subsection A of this section shall be obtained by:
(1) 
Placing such waste at curbside; or
(2) 
Contracting with a collector.
A. 
Each residential unit, multifamily unit and nonresidential unit within the Borough shall ensure that the leaf waste generated at such unit is disposed of at such facility for the composting of leaf waste or collection center as shall from time to time be designated by the Borough.
B. 
Compliance with Subsection A of this section may be obtained by:
(1) 
Contracting with a collector;
(2) 
Transporting such waste to a composting facility or collection center designated by the Borough; or
(3) 
Placing such waste at curbside during the fall leaf collection season.
A. 
Each residential unit and multifamily unit shall ensure that other municipal waste generated at such unit is disposed of at a facility permitted for the disposal of such waste by the Department of Environmental Protection of the Commonwealth of Pennsylvania.
B. 
Compliance with Subsection A of this section may be obtained by:
(1) 
Contracting with a collector;
(2) 
Placing such waste at curbside during special collections by the Borough; or
(3) 
Transporting such waste to a permitted facility.
A. 
All residential units and multifamily units shall source separate the following designated recyclable materials:
(1) 
Newsprint;
(2) 
Aluminum;
(3) 
Steel and bimetallic cans;
(4) 
Glass (clear and colored); and
(5) 
Plastics.
B. 
All nonresidential units shall source-separate the following designated recyclable materials:
(1) 
Aluminum;
(2) 
Steel and bimetallic cans;
(3) 
High-grade office paper;
(4) 
Corrugated paper; and
(5) 
Glass (clear or colored).
A. 
The occupants of each residential unit shall prepare designated recyclable materials and place such materials at curbside for collection as follows:
(1) 
All newsprint shall be placed in paper bags or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.
(2) 
Glass containers shall have caps and lids removed.
(3) 
Glass and cans shall be rinsed free of contaminants.
(4) 
Glass, aluminum, cans and plastic shall be commingled in a recycling container to be provided by the Borough. Plastic garbage bags or other home use containers shall not be utilized as containers for designated recyclable materials.
B. 
Any residential unit disposing of designated recyclable materials at a dropoff center shall prepare such materials in the same manner as if they were to be collected at curbside.
C. 
The owner or operator of a multifamily unit or nonresidential unit contracting with a collector for the collection of designated recyclable materials shall prepare such materials for collection in such manner as the collector shall designate.
The Borough Council shall by resolution appoint a Borough employee to implement and administer the provisions of this article. Such person shall have the power and duty to:
A. 
Prepare and publish policies and procedures not inconsistent with the provisions of Act 97, Act 101, and this article for the proper implementation and administration of this article.
B. 
Prepare, keep and maintain such books and records as shall be necessary to document compliance by the Borough with the requirements of Act 97, Act 101, and this article.
C. 
Investigate complaints of generators and collectors and assist in the resolution of such complaints.
D. 
Issue warnings of violation, initiate proceedings against violators, and otherwise enforce the provisions of this article and the policies and procedures adopted hereunder.
A. 
Residential units. From the time of placement at curbside or at a dropoff center of any designated recyclable materials, all such designated recyclable materials shall be and become the property of the collector in the case of curbside collection, and the Borough in the case of deposit at a dropoff center. It shall be a violation of this article for any person other than the collector or Borough to collect or pick up or cause to be collected or picked up any such designated recyclable materials from curbside or dropoff center, as the case may be.
B. 
Nonresidential units and multifamily units. From the time of placement for collection of any designated recyclable materials, all such designated recyclable materials shall be the property of the collector or the owner or operator of the nonresidential unit or multifamily unit where such owner or operator elects to transport such materials to a recycling facility. It shall be a violation of this article for any person, other than the collector or the owner or operator of such units, to collect or pick up or cause to be collected or picked up any such designated recyclable materials.
A. 
Nothing in this article shall be construed to impair the obligations of any existing contract.
B. 
No renewal or modification of any existing contract, and no new contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or designated recyclable materials, shall be entered into after the effective date of this article unless such renewal or modification or new contract shall conform to the requirements of this article.
It shall be unlawful for any person to violate, or cause or permit or assist in the violation of, any provision of this article or any provision of the Borough's policies and procedures. All unlawful conduct shall also constitute a public nuisance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article or any provision of the Borough's policies and procedures shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of York County.
For purposes of the obligations established by this article or the Borough's policies and procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "person," "residential unit," "multifamily unit," and "nonresidential unit" shall:
A. 
Include officers and directors of any corporation or legal entity having officers and directors; and
B. 
Refer to, and impose joint and several liability upon, both;
(1) 
The persons residing in or occupying any such residential, multifamily or nonresidential units; and
(2) 
The owner, landlord, condominium owner's association and/or agent of an owner, landlord or condominium owner's association of such premises.
In addition to any other remedy provided in this article, the Borough may institute proceedings in equity to restrain any violation of, or to compel compliance with, this article and/or the Borough's policies and procedures.
The penalties and remedies set forth in this article are in addition to, not in lieu of, any fines, penalties, or remedies provided in the Borough's policies and procedures. The existence or exercise of any remedy shall not prevent the Borough from exercising any other remedy:
A. 
Provided under:
(1) 
This article; or
(2) 
The Borough's policies and procedures; or
B. 
Available at law or equity.
Any ordinance inconsistent or conflicting with the provisions of this article is hereby repealed to the extent of any inconsistency or conflict with this article, including, but not limited to, Section 1 through Section 9 of former Chapter XIX of the 1981 Borough Code of Ordinances.
The provisions of this article are severable. If any provision of this article or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision or application of this article.