[Adopted 6-11-2013 by Ord. No. 1-2013]
This article shall be known as the "Refuse Disposal Ordinance."
The purposes of this article are to provide for the collection
and disposal of garbage, solid waste, refuse, rubbish and recyclable
materials produced and generated within the Plymouth Borough in the
most efficient and economically sound manner; to reduce the volume
of garbage and solid waste disposed of within the Plymouth Borough;
and further to create and to implement a general municipal waste management
plan and project so as to conserve natural resources and to support
the right of residents of the Plymouth Borough to dwell in a clean
and healthy environment. Also, all domestic, commercial and industrial
waste shall be collected and removed by a private hauler who is licensed
by the Commonwealth of Pennsylvania. Waste shall be disposed of in
accordance with the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., and the Luzerne County Municipal Waste Plan.
As used in this article, unless the context clearly indicates
otherwise, the following words and the terms shall be construed as
follows:
All empty aluminum food and beverage containers.
Empty food and beverage containers consisting of aluminum,
steel and tin coating. A can is bimetallic if a magnet sticks to the
sides but not to the ends.
Those premises used principally for nonmanufacturing or nonprocessing
business, including, but not limited to, stores, offices, restaurants,
shopping centers, gas stations and churches.
All events or activities which are sponsored by public, private,
nonprofit and municipal agencies or individuals that include, but
are not limited to, fairs, bazaars, socials and organized athletic
events attended by 200 or more people.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The deposition, incineration, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged into
the waters of the Commonwealth of Pennsylvania.
Solid waste resulting from the preparation, cooking, handling,
dealing, storing, sale and consumption of all animal and vegetable
wastes.
Empty bottles and jars made of clear, green or brown glass.
Any premises within the municipality upon which there is
erected a structure intended for habitation, occupancy or use by human
beings or animals and from which solid waste or recyclable materials
shall or may be generated or produced.
Any entity engaged in manufacturing, industry, trade or business
process.
Any facility that houses or serves groups of people, including,
but not limited to, hospitals, schools, day-care centers and nursing
homes.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
The public facilities operated by the member municipalities
and the Plymouth Borough.
This political subdivision of the Commonwealth of Pennsylvania.
Paper of the type commonly used for newspapers and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality's service
area.
Any individual, partnership, company, business organization,
association, society, corporation or other group or entity.
Empty plastic food and beverage containers.
Any person or business organization which provides collection,
transportation and disposal services of solid waste, who is not an
agent or contractor of the municipality.
Materials enumerated in Act 101 of 1988, 53 P.S. § 4000.101
et seq., of the Commonwealth of Pennsylvania and materials identified
by the municipality or its agent or contractor for recycling.
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 community; it shall include ashes, garbage,
rubbish and other materials, but shall exclude human body waste.
Any noncommercial building used for family dwelling, which
contains not more than 12 dwelling units.
Glass, metal, paper, plant growth, wood or nonputrescible
solid waste.
Materials or substances, discharged or rejected as being
spent, useless, worthless or in excess by a person, and any garbage,
refuse, industrial, lunchroom or office waste and other material,
including solid, liquid or semi-solid or contained gaseous material,
resulting from the operation of residential, municipal, commercial,
industrial or institutional establishments. The term does not include
recyclable materials or materials approved for beneficial use by the
municipality or its agent contractor.
A.
It shall be unlawful hereafter to accumulate, collect, transport,
remove, deposit, maintain or dispose or garbage, solid waste, refuse,
rubbish and recyclable materials upon any public or private property
within the Plymouth Borough, except in accordance with the terms and
provisions of this article.
B.
An owner, lessee, tenant, or occupant of any unimproved premises
or any building, structure or like improvement erected upon any real
property situated within the Plymouth Borough and used for any purpose
whatsoever shall be liable for the collection and disposal of all
garbage, solid waste and recyclable materials produced or generated
upon or within the premises, building or structure owned or occupied
by a person in accordance with the terms and provisions of this article.
A.
All residential solid waste, refuse, rubbish and recyclable materials
produced, generated, accumulated or deposited within the Plymouth
Borough shall be collected, transported and disposed of by a private
or commercial refuse collector or hauler or a transporter for hire.
When residential solid waste, refuse or rubbish shall be collected,
transported and disposed of by a private refuse collector or hauler
or transporter for hire. The resident shall produce proof of having
private subscription service if requested by the Code Enforcement
Officer or any other person designated by the Borough.
B.
All garbage, refuse, rubbish and solid waste produced, generated,
accumulated or maintained within the Plymouth Borough by a commercial,
institutional or industrial enterprise, organization or establishment
or a sponsor of any community or public activity within the Plymouth
Borough shall be collected, transported and disposed of weekly in
a safe and sanitary manner by a private or commercial refuse collector
or hauler or transporter for hire.
C.
No person, including, but not limited to, an owner, occupant, lessee,
commercial collector, hauler or transporter or residential garbage,
refuse, rubbish, solid waste and/or recyclable materials for hire
or otherwise, shall accumulate, deposit, maintain or place or cause
to be accumulated, deposited, maintained or placed upon any lot or
parcel of real property used for a dwelling or for residential purposes
within or without a residential district or zone of the Plymouth Borough
for the purpose of the collection, transportation or disposal of residential
garbage, solid waste or recyclable materials by any entity other than
the Plymouth Borough or its agent or contractor.
D.
It shall be unlawful for any person to transport or convey into the
Plymouth Borough or to deposit, place or dispose of upon or within
any premises or structure located in the Plymouth Borough any garbage,
solid waste or recyclable materials produced and generated elsewhere
for the purpose of the collection, transportation or permanent disposal
of any garbage, solid waste or recyclable materials by anyone within
the Plymouth Borough.
E.
An owner, occupant, lessee, proprietor, operator or supervisor of
any commercial, institutional, industrial or municipal enterprise,
organization or establishment and a sponsor of any community or public
activity within the Plymouth Borough shall provide for the private
or commercial collection, transportation and disposal of the recyclable
materials of the kind and nature which are produced or generated by
their use. Each commercial, institutional, industrial or municipal
enterprise, organization or establishment and each sponsor of any
community or public activity subject to this provision shall account
to the Plymouth Borough or its agent or contractor, at least annually,
for the volume of the recyclable materials caused to be recycled by
it hereunder.
A.
Preparation of refuse.
(1)
All refuse shall be drained free of liquids before disposal.
(2)
All rubbish, refuse, garbage and solid waste shall be:
(3)
No hazard waste nor any other materials not meeting the definition
refuse as defined under this article shall be placed in containers
or bags for collection but must be handled and disposed of in accordance
with the applicable federal, state and local ordinances, rules and
regulations.
(4)
Nothing herein provided shall prohibit the use of plastic or metal
trash receptacles owned by residents for the storage of municipal
solid waste, provided that said receptacles are lined with an approved
trash bag, affixed with an approved garbage sticker, which shall be
collected and disposed of in the course of refuse collection by the
municipality.
B.
Refuse containers.
(1)
Refuse containers shall be made of durable, watertight, rust-resistant
material, having a close-fitting lid and handles to facilitate collection.
(2)
Refuse containers for residences shall not exceed a capacity of 33
gallons.
(3)
It shall be unlawful to permit the accumulation of residue of liquids,
solids or a combination of such materials on the bottom or sides of
containers, it being the intention of this provision that the interior
of containers shall be kept clean by thorough rinsing and draining
as often as necessary.
C.
Storage of refuse.
(1)
Each householder, commercial establishment or person having refuse
shall store the same in a safe refuse container until ready for disposal
under this article.
(2)
It shall be unlawful to place refuse in any street, alley, stream,
body of water or any other public place or upon private property,
whether owned or not, or to accumulate the same on any ground, except
as specifically provided for in this article.
A.
Place of collection.
(1)
Refuse containers shall, for the purpose of collection, be placed
at curbside and be made readily accessible to the collector. They
shall be placed on the side of the street from which collection is
to be made no sooner than 4:00 p.m. the evening before the designated
day for collection and must be removed by midnight on the day of collection.
B.
Frequency of collection.
(1)
Collection of refuse, as defined under this article, shall be done
at least once weekly during the entire year from residential premises,
on a schedule designated by the private hauler on days authorized
under this article.
(2)
Hotels, restaurants, institutions and commercial establishments may
be required to have more frequent collection, if determined by the
Mayor to be essential to protect the public health.
(3)
The hours of collection of all refuse, garbage, rubbish or solid
waste from all residential dwellings shall be performed between the
hours of 7:00 a.m. and 6:00 p.m., Monday through Saturday of each
week. There shall be no collection on Sundays from residential dwellings.
The hours of collection for hotels, restaurants, institutions and
commercial establishments shall be performed between the hours of
7:00 a.m. and 5:00 p.m., Monday through Saturday of each week. There
shall be no collection on Sundays.
(4)
All collectors must file with the Borough a rate schedule stating
the charges for their services. All collectors must file any changes
in the rate schedule with the Borough prior to implementing the same.
It shall be unlawful to:
A.
Dump, burn, bury or destroy or otherwise dispose of refuse within
the jurisdictional limits of the Plymouth Borough, except at the municipality
approved disposal site.
B.
Place, set or dispose of any garbage, sweepings, rubbish or any other
type of refuse generated from any nonresident on any property within
the jurisdictional limits of the Plymouth Borough.
C.
As a resident of the Plymouth Borough, transport from outside the
jurisdictional limits of the Plymouth Borough any garbage, sweepings,
rubbish or any other type of refuse and to place the same with said
Plymouth resident's weekly refuse for collection at the disposal
site.
Any person who shall place at curbside garbage, solid waste
or recyclable materials for collection, transportation or disposal
shall be deemed to have given consent, whether express or implied,
to the Plymouth Borough or its agent or contractor to open and inspect
any container, receptacle or enclosure containing or purporting to
contain garbage, solid waste or recyclable materials.
A.
Any person who shall violate any provisions of this article shall,
upon conviction in a summary proceeding, be sentenced to pay a fine
not less than $500 and not more than $1,000, plus costs or in default
of payment of such fine and costs, then sentenced to imprisonment
for not more than 30 days.
B.
Each day's continuance of a violation of this article constitutes
a separate offense.
C.
Any premises upon which the deposit, placement or storage of refuse
or waste causes a health hazard or public nuisance is prohibited.
Failure to remedy or clean up the refuse or waste within 24 hours
of receiving written notice will be deemed to be a violation of this
article.
D.
The presence of any articles, papers or items containing a person's
name among the refuse, solid waste or recyclables shall create a rebuttable
presumption that the solid waste, refuse or recyclables are the property
of the person whose name is found therein. This presumption can only
be rebutted by clear and convincing evidence to the contrary.
E.
In addition to the above, the Borough may also proceed in law or
equity to remove or abate any continuing violation of this article
and can collect the costs of such removal or abatement in addition
to all costs and legal fees associated with the legal action.
A violation of any provision of this article shall be a summary
offense and subject to the penalties specified herein, as well as
any and all remedies provided by any federal or state law. Any violation
under this article can be prosecuted by the any Borough officer, including
the Borough Code Enforcement Officer, Borough Health Officer or any
Borough Police Officer.
A.
Nothing in this article shall prohibit a landscaper, lawn service
provider, builder or remodeler who has contracted with the owner of
a residential dwelling, as defined in this article, from removing
the waste, remnants or by-products of his work or service that was
provided to that residential dwelling and that land upon which it
sits.
B.
In addition, nothing in this article shall prohibit the municipality
from, at its sole discretion, declaring a spring cleanup and authorize
an independent contractor to pick up those items designated by the
municipality at a specific time designated by the municipality.
All ordinances or parts of ordinances inconsistent with this
article are hereby repealed insofar as it affects this article.
If any provisions, sentence, clauses, section or part of this
article is, for any reason whatever, determined to be invalid, illegal
or unconstitutional, such determination shall not affect or impair
any of the remaining provisions or parts of this article.
