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:
BIMETALLIC 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.
COMMERCIAL ESTABLISHMENT
Those premises used principally for nonmanufacturing or nonprocessing
business, including, but not limited to, stores, offices, restaurants,
shopping centers, gas stations and churches.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
DISPOSAL
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.
GARBAGE
Solid waste resulting from the preparation, cooking, handling,
dealing, storing, sale and consumption of all animal and vegetable
wastes.
IMPROVED PROPERTY
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.
INSTITUTIONAL ESTABLISHMENT
Any facility that houses or serves groups of people, including,
but not limited to, hospitals, schools, day-care centers and nursing
homes.
LEAVES
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
MUNICIPALITY
This political subdivision of the Commonwealth of Pennsylvania.
NEWSPRINT
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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality's service
area.
PERSON
Any individual, partnership, company, business organization,
association, society, corporation or other group or entity.
PLASTICS
Empty plastic food and beverage containers.
RECYCLABLE MATERIALS
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.
REFUSE
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.
RESIDENTIAL DWELLING
Any noncommercial building used for family dwelling, which
contains not more than 12 dwelling units.
RUBBISH
Glass, metal, paper, plant growth, wood or nonputrescible
solid waste.
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.
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 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.
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.