[HISTORY: Adopted by the Borough Council of the Borough of
East Berlin as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-4-2020 by Ord. No. 2020-03]
Each person shall provide sufficient approved containers for
receiving and holding municipal waste for collection. Containers shall
be kept in a sanitary condition at all times, so as not to create
odors or attract vermin. Containers shall have a tight-fitting cover,
be watertight and fly-proof and be able to be carried easily by the
collector. When mechanical bins or detachable containers are in use,
they shall be easily accessible to the collection vehicle. Exception:
those customers presently enrolled in the per-bag option offered by
the Borough collector. Those persons presently enrolled in the per-bag
option shall keep all bags securely tied to prevent waste and odors
from escaping. The bags shall be placed out for collection as described
in this article.
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 combination of such
material on the bottom or sides of the container. No more water shall
be allowed or permitted in garbage than naturally accumulates 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
and vectors. Any container that does not conform with this article
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.
It shall be unlawful for any person to allow any lead acid batteries,
hazardous waste or infectious waste to be placed in any container
used for municipal waste. Containers for municipal waste shall be
used only for municipal waste as hereinbefore defined. After a container
is emptied, it shall be cleaned by the occupant or proprietor as aforesaid
to prevent odors and the attraction of vectors.
A.
All infectious wastes and chemotherapeutic wastes generated in or
by any medical facility, hospital, clinic, doctor's office, dentist
office, mortuary facility, morgue or in-home dialysis provider shall
be stored separately from municipal waste, in containers clearly marked
as infectious waste, chemotherapeutic waste or biological hazard,
in a manner to prevent unauthorized access. All sharps shall be rendered
non-usable and disposed of in puncture-resistant containers. Storage,
transportation, sterilization and disposal shall be in accordance
with the requirements of Pennsylvania Department of Environmental
Protection.
B.
All residential-generated sharps and other infectious wastes shall
be placed in a hard, clear plastic container with a tight-fitting
lid and be sealed with tape. Glass, metal cans, opaque plastic or
other containers are not permitted. Any container used for the disposal
of residential generated sharps or other infectious wastes is prohibited
from being commingled with source-separated recyclable materials.
These containers shall be disposed with municipal waste.
Containers for municipal waste shall not be kept in front of
the building on the premises where the municipal waste is accumulated
but shall be kept to the rear thereof at a location conveniently accessible
to the Borough collector from the alley if the premises are bounded
by an alley. If the premises are not bounded by an alley, then the
occupant or proprietor shall place such containers for collection
at a location readily accessible to the collector from the street
adjoining the premises not more than 12 hours prior to the scheduled
time of collection and shall remove the same to the place where such
containers are kept within 12 hours after collection has taken place.
Except as permitted hereby for collection from the street, containers
shall at no time be placed in front of any building or any sidewalk,
street or other public place, and then only if it is impossible to
place the same at a location otherwise permitted hereunder. All tree
trimmings, hedge clippings or similar yard waste shall be cut in lengths
not exceeding three feet and shall be securely tied in bundles not
exceeding 75 pounds in weight.
No municipal waste shall be allowed to accumulate on the ground
nor be deposited on any private or public property within Borough
nor be deposited into any stream or other body of water. Further,
no person shall deposit municipal waste 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. It shall
also be unlawful for any person to store or permit to be stored by
any abandoned or junked motor vehicle outside of a completely enclosed
building or garage for a period of longer than seven days.
Municipal waste shall be collected at least once a week throughout
the year for every residential and commercial customer. Commercial
customers and special events coordinators must arrange with the Borough
collector for additional pickups as necessary to keep the containers
emptied and clean to avoid the accumulation of refuse on the property.
The Code Enforcement Officer shall be authorized to order additional
pickups in his/her sole discretion to ensure compliance, at the expense
of the customer.
Municipal waste shall be collected from premises between the
hours of 5:00 a.m. and 6:00 p.m., except as otherwise provided hereinafter.
The containers shall be emptied in a cleanly manner so as not
to foul the surrounding premises or any Borough street or alley or
to allow scattering of waste by the wind.
A.
It shall be mandatory for every dwelling unit, commercial establishment
and institutional establishment within the Borough to have its municipal
waste collected in accordance with the schedule set forth in this article.
Said municipal waste collection shall be completed by the Borough
collector unless otherwise authorized by the Borough, and the customer
(residential, commercial or industrial) shall be responsible for the
payment of all costs and fees of said collection in accordance with
this article. It shall be mandatory for every commercial establishment
within the Borough to have its municipal waste collected at least
once per week, or more often if necessary, in accordance with the
schedule set forth.
B.
Any person who does not contract with the Borough collector for municipal
waste collection and disposal from a property within the Borough shall
keep and maintain records of municipal waste collection and disposal
from such property for a minimum period of two years in order to confirm
compliance with the provisions of this article.
It shall be unlawful for any person other than the Borough collector,
unless otherwise authorized by the Borough, to collect and haul municipal
waste within or from the Borough. No person may contract with any
hauler of municipal waste unless such hauler is authorized to collect
municipal waste within the Borough pursuant to this article.
A.
Fees for residential customers.
(1)
The fees for collection and disposal of municipal waste and collection
of recyclable materials from residential customers shall be at such
rates as established by the Borough Council.
(2)
The fees set forth herein shall be billed and collected by the Borough
collector. Such fees shall be billed not less often then quarterly.
The fee for municipal waste disposal shall be the responsibility of
the dwelling unit owner and, in the event of a transfer of ownership,
all unsettled charges shall become the responsibility of the new owner.
(3)
Any dwelling unit which is totally unoccupied and which generates
no municipal waste or recycled materials for an entire quarter shall
be exonerated from the charges herein levied. Such exoneration shall
be made only after the owner has filed an affidavit certifying to
such vacancy on a form provided by the Borough. No such exoneration
shall be made on the basis of vacancies of less than or other than
full quarters.
B.
Fees for commercial customers.
(1)
The fees for collection and disposal of municipal waste from commercial
customers shall be at a rate as established by the Borough Council.
(2)
The fees set for collection of municipal waste of commercial customers
shall be paid by the owner, tenant, lessee or occupant of the premises
no less often than monthly. Said fees are the ultimate responsibility
of the owner of the property. Should the property change ownership,
unsettled charges shall become the responsibility of the new owner.
The Borough collector shall be licensed as a municipal waste
hauler by the County of Adams prior to engaging in the collection
of municipal waste in the Borough. The Borough collector shall provide
the Borough a copy of its Adams County municipal waste-hauling license.
It shall be the duty of the Code Enforcement Officer to enforce
this article and to secure compliance with the requirements thereof.
The Borough Council is hereby authorized to make such rules
and regulations for the proper enforcement of this article as the
Council shall deem advisable.
A.
Any person violating any of the provisions of this article shall,
upon conviction therefor, 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 article continues.
B.
In addition to the foregoing penalty, the Borough may require the
owner or occupier of the property to remove any accumulation of municipal
waste or abandoned or junked vehicle 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 any manner provided by law.
