[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-12-2021 by Ord. No. 464[1]]
[1]
Editor's Note: This ordinance superseded former Ch. 153, Solid
Waste, adopted 9-9-2004 by Ord.
No. 364, as amended.
This article shall be known as the "Solid Waste Management Ordinance"
of the Borough of Pine Grove.
As used in this article, the following terms shall have the
meanings indicated:
The residue from the burning of wood, coal, coke and other
combustible materials for the purpose of heating and cooking.
The Borough of Pine Grove, Pennsylvania.
Where it is used to describe the collection of solid waste,
recyclables, or leaf waste, shall mean the act of any person in traversing
to another person's place of abode or business and receiving
or taking possession of his/her solid waste, recyclables, or leaf
waste, and subsequently disposing the same material by landfilling,
incinerating, composting, marketing or other method which serves to
remove the material from the place from which it was generated and
to provide a destination for the materials at a place other than where
they were generated.
All refuse and solid waste generated as the result of the
construction on the property or structure.
Any structure containing one or more rooms providing sleeping
and sanitary facilities, not including a hotel, hospital, nursing
home, dormitory, fraternity or sorority house, rooming house, boardinghouse
or similar structure.
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimum amount of free liquids. It shall not include food
processing waste from canneries, packing plants or similar industries,
nor large quantities of condemned food products.
Garbage, ashes and rubbish as herein defined.
Property used as dwellings, including buildings having up
to and not more than three dwelling units in one building.
All waste materials not included in "garbage" and "ashes,"
except such waste materials as are not commonly produced in homes,
stores, institutions and industries.
All garbage, refuse, rubbish, and ashes, including but not
limited to all items normally found around the household.
Any man-made object having an ascertainable stationary location
on land or water, whether or not affixed to the land.
Includes leaves, tree trimmings, brush, garbage, garden residue,
and grass clippings.
The Borough of Pine Grove may, at its sole discretion, contract
with, engage in, or in any manner enter into an agreement or agreements
for the removal and disposing of solid wastes and recyclable materials
with one or more entities or businesses licensed in the County of
Schuylkill or, at its discretion, as part of Borough services provide
solid waste and recyclable removal from all Borough properties, or
a subset thereof, including but not limited to residences, businesses
and/or public entities.
A.
Each owner and occupant shall provide for the removal of solid wastes
and recyclable material from the parcel, dwelling structure, or other
structure on which they are generated, either by means of a service
provided by the Borough or by private licensed hauler, or by direct
haul by or on behalf of the property holder or his/her agent to a
disposal site approved by the county or otherwise licensed by the
state or federal governments, depending on the requirements outlined
in this article.
B.
It shall be the duty of every owner and occupant to provide, for
the exclusive use of his/her parcel, dwelling structure, or other
structure, sufficient receptacles for the solid waste and recyclable
material ordinarily generated upon such parcel. Refuse containers
shall be maintained in good and sanitary condition. Any container
that does not conform to the provisions of this chapter or that may
have ragged or sharp edges or any other defect liable to hamper or
injure the person collecting the contents shall be promptly replaced
upon notice. The owner of a parcel shall be responsible and liable
for compliance with this article by the occupants of said parcel.
C.
The duties imposed by this section apply to all solid wastes and
recyclable material regardless of whether said solid waste or recyclable
material is collected by Borough-provided service or by a private
hauler.
D.
It shall be the duty of every owner and occupant to provide for the
disposal of hazardous waste and unacceptable waste generated on his/her
parcel, dwelling structure, or other structure in accordance with
local, county, state and federal law.
E.
Each owner and occupant shall comply with the rules established from
time to time by the county and/or the Borough pertaining to the disposal
of recyclable material and for the storage of recyclable material
prior to collection and for the placement of such recyclable materials
for collection. Failure to comply with these rules shall be a violation
of this article.
F.
No person shall store a container in front of the property's
main structure (including the front porch), except when it is placed
at the curbline or street for collection.
All residential properties are required to use the hauler contracted
by the Borough and pay to the Borough the fees assessed in accordance
with this article.
It shall be a violation of this article for any person to collect,
pick up, remove or cause to be collected, picked up or removed solid
waste generated in the Borough unless said person is authorized to
do so by the Borough or by a person having management or control or
who occupies any land or other real property on which said solid waste
is generated. Said prohibition applies regardless of whether said
solid waste has been placed at or near the street curb or edge of
street pavement for the purpose of disposal. Each such collection
in violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
A.
It shall be a violation of this article for any person not authorized
by the Borough or the county to collect, pick up, remove or cause
to be collected, picked up or removed any recyclable material. Each
such collection in violation hereof shall constitute a separate and
distinct offense punishable as hereinafter provided.
B.
Notwithstanding the above, any person may donate or sell recyclables
to persons authorized by the Borough or the county. Said recyclable
material must either be delivered to the person's site or be
placed at the curb or edge of road pavement for collection by said
person on days not established by the Borough as recyclables collection
days. Said person may not collect recyclables placed at the curb or
edge of road pavement on or within 24 hours preceding a regularly
scheduled collection day.
No salvaging or scavenging operations shall be permitted from
solid wastes or recyclable materials placed at the curb or the edge
of pavement.
A.
No owner or occupant of a parcel shall allow solid wastes, recyclable
materials, rubbish or debris or garbage generated upon said parcel
to:
(1)
Remain upon the parcel for a period greater than 14 days, unless
stored within an enclosed structure.
B.
No owner or occupant of a parcel shall cause or allow solid wastes,
recyclable materials, rubbish or debris or garbage which is generated
outside the perimeters of the parcel to be dumped upon or placed upon
said parcel. Any such solid wastes, recyclable materials, rubbish
or debris or garbage placed upon said parcel, either with or without
the knowledge or consent of the owner or occupant thereof, shall be
immediately removed from said parcel by the owner or occupant thereof.
C.
Upon the failure of a parcel's owner to remove solid wastes,
recyclable materials, rubbish or debris or garbage from said parcel
within 10 days from the time the notice to remove such solid wastes,
recyclable materials, rubbish or debris or garbage from said parcel
has been served, the Borough of Pine Grove may cause such solid wastes,
recyclable materials, rubbish or debris or garbage to be removed from
said parcel, and the total cost thereof, including but not limited
to moneys actually paid out by the Borough, time and expense of the
Borough officials and employees involved in the service of the notice
and the removal in connection with the enforcement of the provisions
of this section, shall be assessed upon the parcel in which such solid
wastes, recyclable materials, rubbish or debris or garbage were found,
and the expense so assessed shall constitute a lien and charge on
the real property upon which it is levied until paid or otherwise
satisfied or discharged and shall be collected in the same manner
and at the same time as other Borough charges.
D.
The notice required to be served pursuant to the provisions of this
section shall be served as follows:
Any person who shall place any solid waste or recyclable materials
upon any parcel not owned, leased or lawfully occupied by such person
and without the explicit consent of the owner or occupant of said
parcel shall be deemed to have violated this article.
It shall be unlawful for any person to place at the curb or
along the edge of street pavement within the Borough of Pine Grove
or to dispose, discard or abandon in said portion of the Borough any
solid waste generated outside the corporate limits of the Borough
of Pine Grove.
A.
Burning prohibited. The burning of solid waste, recyclable materials,
yard waste and construction debris within the Borough of Pine Grove
is hereby prohibited.
C.
Permit required. Open burning shall only be allowed after obtaining
a permit from the Fire Chief. The following conditions must be met:
(1)
Bonfire conditions. A bonfire shall only be allowed when the following
sections are met:
(a)
Location. The location for any open fire shall be no less than
50 feet from any structure.
(b)
Size and duration. The bonfire shall be no larger than five
feet by five feet and shall burn for no longer than three hours.
(c)
Attendance. All open fires must be attended at all times until
fully extinguished.
(d)
Material. The Fire Chief must approve bonfire materials. The
fire shall not be used for waste disposal purposes, and fuel shall
be chosen to minimize air contaminants.
(e)
All permits shall be requested by and issued to the owner of
the land upon which the bonfire is to be kindled.
(f)
Fire training. Fires purposely set for the purpose of actual
instruction and training are allowable for fire personnel in accordance
with the NFPA 1401.
(2)
When prohibited. The Fire Chief shall revoke a permit and prohibit
open burning which is offensive or objectionable due to severe smoke,
odor emissions or when local conditions make such fires hazardous.
(3)
Responsibility for expenses. Any persons or persons who set, start
or fuel an open fire without a permit as required in this section
or who fail to comply with requirements of this section shall pay
to the Borough all costs incurred relating to damages or response
costs.
The dumping of clean fill (rocks, cinders, etc.) shall be permitted
within the Borough of Pine Grove by special permit obtained from the
Borough of Pine Grove only for the purpose of filling in to establish
grades. Such clean fill shall not be construed to mean rubbish or
garbage as herein defined or any other kind of solid waste material
which might adversely affect or injure the use of adjacent property.
Except as otherwise provided, all acceptable waste intended
for removal by a Borough-provided service shall be drained and shall
be contained in tightly covered, watertight, galvanized-iron or other
nonrusting metal or heavy plastic cans having handles or in heavy
plastic bags properly secured at the top thereof. Any acceptable waste
which cannot be readily deposited in such receptacles may be compacted
and securely bundled, tied or packed so as to be easily handled and
shall not be likely to be scattered.
The Borough of Pine Grove reserves the right to establish the
quantities of acceptable waste and recyclable material and any other
type of waste permitted per household and/or property in the event
the Borough engages in trash hauling or contracts with one or more
single haulers.
A.
Assessment of fees.
(1)
The Borough of Pine Grove shall from time to time adopt schedules
of rates for the collection of solid wastes and recyclable materials
from residential properties within the Borough limits. Said rates
shall be kept at all times on file for public inspection in the office
of the Borough Treasurer and Borough Clerk.
(2)
Said rates shall be assessed on the basis of the number of household
units found upon each parcel.
(3)
Said charges shall be due as of the date of billing. Failure to pay
said charges within 30 days of the billing date shall result in the
imposition of a penalty of 10% thereof.
B.
Collection units ascertained.
(1)
The Borough of Pine Grove shall, promptly upon this article becoming
effective and from time to time thereafter, ascertain by diligent
inquiry the number of household units on residential properties. The
findings of the Borough shall be placed on a roll on file in the office
of the Treasurer and/or Borough Clerk.
C.
Payment for hauling.
(1)
Owners of the Borough residential properties shall pay fees established
by the Borough to the Borough Treasurer.
(2)
The Borough shall establish by resolution the responsibility of property
owners to either pay directly to the hauler or to the Borough of Pine
Grove.
(3)
Exemptions prohibited. Residential properties shall not be exempt
from payment unless specific criteria are met, as established by the
Borough Treasurer in consultation with the Borough Council.
A.
Notwithstanding any other provision of this article, the violation
of any provision of this article shall be punishable by a fine of
not more than $250 or by imprisonment for a period not exceeding 15
days for each offense, or by both fine and imprisonment, and each
day that such violation shall be permitted to continue shall constitute
a separate offense hereunder.
If a property owner does not permit to the Borough assessed fees as identified in § 153-16, the Borough Treasurer is hereby empowered to certify the amount due to the Borough and remit that amount for collection. In addition to the full amount due to the Borough, the property owner will also be responsible to pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, that amount will be provided to the Borough Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.
[Adopted 12-9-2021 by Ord. No. 465; amended in its entirety 8-11-2022 by Ord. No. 466]
As used in this article, the following terms shall have the
meanings indicated:
Any container used for temporarily holding materials or for
the deposit of waste materials, 10 to 40 cubic yards and not residential
or commercial refuse containers, commonly located on a temporary basis
on a highway, sidewalk, residential or commercial property and transportable
to and from the site for purposes of disposal of its contents by means
of a carrying vehicle.
A property owner or agent thereof who leases a dumpster.
One who rents a dumpster or dumpsters to another.
One who owns a dumpster or dumpsters.
A person who obtains or is required to obtain a permit under
this article.
Any individual, firm, partnership, association, corporation
or similar entity.
Any item placed in a street that is not a motor vehicle as
defined by the Pennsylvania Vehicle Code,[1] or a temporary dumpster, including, but not limited to,
containers commonly known as "portable storage devices" or "PODS®."
A sidewalk parallel to a street forming a part of the public
road or street system of the Borough.
A street which is a part of the general road and street system
of the Borough.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
No person shall place upon, cause to be placed upon or permit
to remain upon a public street, sidewalk, or private property within
the Borough a dumpster and/or portable storage device without first
obtaining a permit therefor from the Borough.
A.
Public street or sidewalk. For any dumpster and/or portable storage
device placed on a public street or sidewalk, the placement of the
dumpster/portable storage device must be approved by the Chief of
Police or his/her designee. The duration of such permit shall be 14
days, and the continued validity of such permit shall be contingent
upon full compliance with the regulations set forth below. If the
applicant requires additional time, a second permit can be obtained
for up to 14 additional days and a second permit fee paid for any
dumpster and/or portable storage device placed on a public street
or sidewalk. No more than two consecutive permits shall be issued
by the Borough for any dumpster(s) and/or portable storage device(s)
placed upon a public street or sidewalk without permission of the
Mayor or Borough Council. After the expiration of the second permit,
the dumpster and/or portable storage device must be removed from the
Borough within 24 hours.
B.
Private property. For any dumpster and/or portable storage device
placed on private property, the duration of such permit shall be 30
days. If the applicant requires additional time, a second permit can
be obtained for up to 30 additional days and a second permit fee paid
for any dumpster and/or portable storage device placed on private
property. No more than two consecutive permits shall be issued by
the Borough for any dumpster(s) and/or portable storage device(s)
placed upon private property without permission of the Mayor or Borough
Council.
C.
Permit fees and deposit charges. The price or cost for a dumpster
and/or portable storage device permit, including any deposit charges,
shall be in an amount as established from time to time by resolution
of Borough Council. Upon expiration of a second permit, permits may
be renewed for thirty-day increments at the discretion of the Mayor
or Borough Council if, in their opinion, the work has not been completed
or abandoned, or if it is deemed to be in the best interests of the
public. The cost of a renewed dumpster and/or portable storage device
permit shall be equal to the cost of the initial permit.
A.
A dumpster/portable storage device shall be of a size measuring between
10 and 40 cubic yards.
B.
Each of the container rollers or wheels (if any) must be placed upon
a wood pad at least 3/4 inch in thickness so as not to damage the
road surfaces in the Borough.
C.
All dumpsters/portable storage devices shall be well painted, be
in a good state of repair, and shall be clean and free of offensive
odors.
D.
The dumpster/portable storage device owner and/or lessor shall place
and maintain on the outside of each dumpster/portable storage device
flashing devices, or reflectors, or reflective tape of sufficient
size and location to warn vehicular and pedestrian traffic of the
location of such dumpster/portable storage device.
E.
The dumpster/portable storage device owner and/or lessor shall place
and maintain on the outside of each dumpster/portable storage device
in legible letters, not less than one inch in height, its name or
logo, telephone number, and the current Borough permit number.
F.
There shall be no dumpster or portable storage device placement on
Pennsylvania State Routes 125 and 443 within the Borough.
Prior to the issuance of any permit or other authority to put,
place, or erect a dumpster/portable storage device upon a street or
sidewalk in the Borough, the dumpster/portable storage device owner
and/or lessor shall execute a hold harmless agreement in such form
as the Borough shall provide, guaranteeing to defend, protect, and
compensate the Borough as the result of any cause of action which
may be brought or perfected against the Borough in connection therewith,
or shall deposit with the Secretary of the Borough a certificate of
insurance covering such owner and/or lessor of the waste dumpster.
Liability insurance shall be maintained by the permittee. The
permittee must show, to receive a permit, proof of liability insurance
by producing a valid certificate of liability insurance and must have
the Borough as an additional insured on said policy for said purpose.
The permittee shall execute an indemnity agreement, in a form
reasonably acceptable to the Borough, promising to indemnify, save
harmless and defend the Borough, its official, agents, servants, and
employees and each of them against and hold them harmless from any
and all lawsuits, claims, demands, liabilities, losses and expenses,
including court costs and reasonable attorney fees for or on account
of any injury or any damage to any property, which may arise or which
may be alleged to have arisen out of or in connection with the placement
or utilization of the dumpster/portable storage device.
Any person who shall violate any of the provisions of this article
shall, upon condition thereof, be sentenced to pay a fine not more
than $1,000 and costs of prosecution for each and every offense and,
in default of payments of such fine and costs, to imprisonment for
no more than 30 days, provided that each day's violation of any
of the provisions of this article shall constitute a separate offense.
Without limitation as to utilization of any other remedy or action
available to the Borough, at law or in equity, civil or criminal,
noncompliance with any of the regulations set forth in this article
shall be grounds for revocation by Pine Grove Borough, Pine Grove
Borough Police Department or their designee of the permit issued pursuant
to this article, as shall any material false statement or omission
made in connection with the application of the permit.
Any person or entity, on an as-needed basis, may petition the
Borough Council to be exempt from the requirements of this article.
To qualify for such exemption, the person or entity shall make a written
request to Borough Council by filing the same with the Borough Secretary
and shall state, with specificity, that person's or entity's
reason for requesting such relief. If the Borough Council does not
grant such relief, the person or entity shall comply with this article.
The Borough Council may attach any reasonable safeguards or conditions
upon any request for exemption relief.
