The following words, as used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
BULK ITEM
An individual combustible or noncombustible article which
the owner or occupier of a unit seeks to dispose of and which, because
of size or weight, is too large for containment in the toter provided
by the Borough or its contracted collector. Such articles shall include
discarded furniture, small household appliances and fixtures, and
other such items, but shall specifically exclude tires, construction
material, glass doors, and windows. The size and weight of bulk items
subject to collection shall be limited to those that reasonably can
be lifted by two persons.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
REFUSE
Garbage and rubbish, as herein defined.
RUBBISH
Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, grass, crockery and dust and other similar materials. Wood, as that word is defined in §
58-1 of this Code, shall not be considered to be rubbish.
UNIT
One household, one apartment, business establishment or location
entitled to the collection and disposal services authorized by this
article or subsequent amendments thereto.
All refuse for residential properties in the Borough of East
Greenville shall be collected, conveyed and disposed of by the Borough
of East Greenville. All residential properties shall dispose of refuse
by the municipal collection service only, and no person shall transport
or dispose of refuse by any means not approved by this article. Properties
controlled by homeowners' associations, and properties containing
four or more residential units may be exempted from the foregoing
requirement at the discretion of the Borough.
Borough Council is authorized hereby to contract for the performance
of the service provided by this article and to award a contract therefor
from time to time for such periods of time as shall be determined
by Borough Council. Such contract shall require the contractor to
assume all responsibility for the collection of refuse in the Borough
of East Greenville in accordance with the provisions of this article
and all regulations, orders and specifications provided under the
authority thereof, and to convey, dump and dispose in a lawful manner
all such refuse beyond and outside the boundaries of the Borough of
East Greenville in a lawful place, and to fix and regulate, in a manner
not inconsistent with the terms of this article, the manner, method
and time of collecting and conveying refuse, the type of equipment
required for the purpose and the price to be paid for the performance
of said contract and the time or times for the payment thereof.
The collection of refuse in the Borough of East Greenville and
the disposal thereof shall be under the supervision of the Borough
Council and/or its designated representative. The Borough Council
shall have authority to make regulations concerning the hours and
days of collection and such other matters pertaining to the collection
and disposal as it may deem advisable and to change and modify the
same after notice as required by law, provided that such regulations
are not contrary to the provisions hereof. An aggrieved person shall
have the right to appeal against any regulations or order made by
the Borough Council to the Borough Council, and the latter may confirm,
modify or revoke any such regulations or order; provided, however,
that no such appeal to the Borough Council shall be permitted as to
any regulation contained in this article.
The Borough Council is authorized to arrange date schedules
for the collection of refuse and shall give public notice thereof.
Such schedules shall provide for a single collection for each and
every week throughout the year. No collection shall be made on Sundays
or on any of the following holidays: New Year's Day, Good Friday,
Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
All collections shall be scheduled and shall be made in conformity
with such schedule between the hours of 6:00 a.m. and 1:00 p.m., provided
that collections may be made after 1:00 p.m. to complete a day's
schedule when unusual conditions or emergencies reasonably justify
a time extension for a particular day, unless a different time shall
be specified by the Borough Council, in which event the latter determined
time shall be controlling. In the instance that a scheduled day of
collection shall fall upon one of the herein specified holidays, then
collection shall occur on the following day during the normal collection
hours as herein set forth.
Bulk items shall be disposed of in accordance with the provisions of this article and regulations adopted thereunder, personally or by arrangement with the person or firm holding the then-current contract with the Borough of East Greenville to perform such services within the Borough. The making of a contract or arrangement for the collection, conveyance and disposal of refuse from any location within the Borough with any unauthorized person or firm shall constitute a separate and distinct violation of this article by each party thereto, and each shall be subject to the penalties hereinafter provided. Bulk items shall be placed for collection in the same manner as refuse containers pursuant to §
47-5 and shall be placed for collection no earlier than 6:00 p.m. on the day before the pre-scheduled day and time for collection as agreed to between the property owner or occupier and collector.
The Borough Council is authorized to make regulations concerning
the hauling of refuse collected outside the Borough of East Greenville
over the streets of the Borough of East Greenville.
No refuse shall be hauled over the streets of the Borough of
East Greenville except in a watertight vehicle provided with a tight
cover so as to prevent offensive odors from escaping therefrom and
refuse from being blown, dropped or spilled therefrom.
No refuse shall be dumped or disposed of within the limits of
the Borough of East Greenville.
Ownership of refuse set out for collection shall be vested in
the Borough of East Greenville until such time as the same shall be
collected from the containers into the vehicle of the contractor,
at which time it shall become the property of the contractor.
On and after the date of the award of a contract for collection service pursuant to the authority contained in §
47-3 hereof it shall be unlawful:
A. For any person to collect, convey over any of the streets or alleys
of the Borough of East Greenville or dispose of any refuse accumulated
in said borough in any manner not approved of in this article or subsequent
regulations.
B. For any person to place any refuse in any street, alley or other
public place or upon private property, whether owned by such person
or not, within the Borough, except in proper receptacles for collection
and at the time and in the manner provided for herein. No person shall
throw or deposit any refuse in any stream or other body of water.
C. For any person to allow any accumulation of refuse on any premises
in the Borough of East Greenville other than for the purpose of collection
in the manner provided by this article or by special regulation of
Borough Council. Any unauthorized accumulation of refuse on any premises
is hereby declared to be a nuisance and is prohibited. Failure to
remove an unauthorized accumulation of refuse within 15 days of notice
to either the occupant or the owner shall be deemed a separate violation
of this article by either or both of such persons.
D. For any person, other than the occupants of the premises on which
refuse receptacles are stored or the collector, to open the covers/lids
of any of the refuse receptacles or to remove the refuse stored in
such containers.
E. To place in any containers provided for regular collection any highly
flammable or explosive refuse or any wearing apparel, bedding or refuse
from premises where highly infectious or contagious diseases have
prevailed.
F. For any person to burn any refuse outside of any building.
G. For any person to burn any refuse within the Borough of East Greenville
except upon a showing of undue hardship, if found to exist by a determination
of the Borough Fire Marshal, and upon a written permit to do so approved
by the Borough Fire Marshal. Such burning shall be permitted only
in accordance with the provisions and conditions set forth upon such
permit and only by means of incineration inside a building and under
conditions that are safe and free from hazards of fire to such building
and surrounding buildings. The emission of any smoke, fumes or odors
resulting from such burning shall be sufficient cause for revocation
forthwith of such permit. Burning conducted contrary to the terms
and conditions of such permit or in an unsafe manner or so as to emit
smoke, fumes or odors shall be deemed to be a separate violation of
this article.
H. For any person to place for collection refuse in containers other
than in the containers provided by the collector or Borough pursuant
to this article.
I. For any person to place any refuse for collection in any street, alley or other public place or private property, whether owned by such person or not, within the Borough in a manner inconsistent with the time, place, and manner restrictions and requirements of §
47-5 of this article.
Every applicant for a permit to burn, as provided by §
47-12G, and for every renewal thereof, shall pay an application fee as set by resolution of Borough Council to the Borough Treasurer for inspection and policing thereof, any balance thereof to go into the general funds of the Borough.
Nothing in this article shall be construed to prevent the burning
at practice drills of such articles and at such locations as may be
approved by the Mayor if such burning shall be done in the presence
and under the direct supervision of the Fire Chief of the East Greenville
Fire Company.
Except for the provisions provided for in §
47-17, any person who shall violate any provision of this article shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $1,000 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the Court.
The short title of this article shall be the "East Greenville
Borough Recycling Ordinance," and the same may be cited in that manner.
As used in this article, the following terms shall have the
meanings indicated:
ALUMINUM CANS
Any empty all-aluminum beverage and food containers.
BI-METAL CANS
Any empty food or beverage containers consisting of ferrous
sides and bottom, and aluminum top. (See also "tin cans.")
BOROUGH RECYCLING COMMITTEE
A committee of three members of the Borough Council, appointed
by the Borough Council President to implement the terms of this article.
CHIPPING
The act of turning solid wood into a small, slender piece
of wood, separated by mechanical chopping, cutting, or breaking.
CORRUGATED PAPER
Any structural paper material with an inner core shaped in
rigid parallel furrows and ridges.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
LEAF WASTE
Leaves from trees and garden residues, but not including
grass clippings.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the Municipality and other
governmental and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or 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 municipal, commercial or institutional water supply
treatment plant, waste water treatment plant or air pollution control
facilities. The term does not include source-separated recyclable.
PERSON(S)
Any individual, cooperative, enterprise, corporation, association,
institution, municipality, municipal authority, federal government
or agency, state institution or agency, or other legal entity whatsoever
which is recognized by law as the subject of rights and duties. In
any provisions of this article prescribing a fine, imprisonment or
penalty, or any combination of the foregoing, the term "person" shall
include the officers and directors of any corporation or other legal
entity having officers and directors.
RECYCLABLE MATERIALS
Materials generated by business or consumers which can be
separated from municipal waste and returned to commerce to be reused
as a resource in the development of useful products. Recyclables include
the following: clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated paper, junk mail
and other paper board products (i.e., cereal boxes), and plastics
(Nos. 1 through 7). Recyclable material must be free from contamination
that would affect its reuse. The list of recyclable materials may
be changed from time to time by resolution of the Borough.
RECYCLING CONTAINERS
Those durable containers used by each residential dwelling
unit for separating and storing recyclables until they are collected
by the proper collection agency of the Borough. Recycling containers
shall be of such type and design as to prevent materials from blowing
out of the container. The container size is limited to no more than
96 gallons in capacity.
RESIDENTIAL DWELLINGS
Any occupied single-family dwelling or multifamily dwelling
containing less than four dwelling units.
RESIDENTS
Any person residing within the boundaries of the Borough
of East Greenville.
TIN CANS
Any empty food or beverage containers consisting of ferrous
sides and bottom and top. (See also "bi-metal cans.")
YARD MATERIALS
Prunings, branches, and other natural organic matter discarded
from yards and gardens, including leaf waste, but not including grass
clippings, and branches. Prunings and branches shall not have a diameter
greater than two inches.
All residents shall separate recyclable materials from municipal
waste generated at their homes, apartments and other residential establishments
and shall properly store such material until collection. All recyclables
shall be free of contamination.
All recyclable materials separated from municipal waste for
residential properties in the Borough of East Greenville shall be
collected, conveyed, and processed by the Borough of East Greenville.
Properties controlled by homeowners' associations, and properties
containing four or more residential units may be exempted from the
foregoing requirement at the discretion of the Borough.
Borough Council is authorized hereby to contract for the performance
of the service provided by this article and to award a contract therefor
from time to time for such periods of time as shall be determined
by Borough Council. Such contract shall require the contractor to
assume all responsibility for the collection of recyclable materials
in the Borough of East Greenville in accordance with the provisions
of this article and all regulations, orders and specifications provided
under the authority thereof, and to convey and process in a lawful
manner all such recyclable materials beyond and outside the boundaries
of the Borough of East Greenville in a lawful place, and to fix and
regulate, in a manner not inconsistent with the terms of this article,
the manner, method and time of collecting and conveying recyclable
materials, the type of equipment required for the purpose and the
price to be paid for the performance of said contract and the time
or times for the payment thereof.
The collection of recyclable materials in the Borough of East
Greenville and the processing thereof shall be under the supervision
of the Borough Council and/or its designated representative. The Borough
Council shall have authority to make regulations concerning the hours
and days of collection and such other matters pertaining to the collection
and processing as it may deem advisable and to change and modify the
same after notice as required by law, provided that such regulations
are not contrary to the provisions hereof. An aggrieved person shall
have the right to appeal against any regulations or order made by
the Borough Council to the Borough Council, and the latter may confirm,
modify or revoke any such regulations or order; provided, however,
that no such appeal to the Borough Council shall be permitted as to
any regulation contained in this article.
The Borough Council is authorized to arrange date schedules
for the collection of recyclable materials and shall give public notice
thereof. Such schedules shall provide for a single collection for
each and every week throughout the year. No collection shall be made
on Sundays or on any of the following holidays: New Year's Day,
Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving
and Christmas. All collections shall be scheduled and shall be made
in conformity with such schedule between the hours of 6:00 a.m. and
1:00 p.m., provided that collections may be made after 1:00 p.m. to
complete a day's schedule when unusual conditions or emergencies
reasonably justify a time extension for a particular day, unless a
different time shall be specified by the Borough Council, in which
event the latter determined time shall be controlling. In the instance
that a scheduled day of collection shall fall upon one of the herein
specified holidays, then collection shall occur on the following day
during the normal collection hours as herein set forth.
The owner, landlord or an agent of an owner or landlord of multifamily
housing properties shall establish a collection system for recyclable
materials and newspapers at each property. Suitable containers for
collecting and sorting recyclable materials and for collecting and
storing newspapers shall be provided by the owner, landlord or agent
thereof, in locations as easily accessible as those provided for municipal
wastes. Additionally, written instructions shall be provided to the
occupants of multifamily housing properties concerning the use and
availability of the collection system.
It shall be a violation of this article for any unauthorized
person to collect, pick up, or cause to be collected or picked up,
any materials required by this article. All collectors must possess
a valid disposal permit. Nothing in this article shall be deemed to
impair the ownership of any materials required by this article to
be recycled by the persons generating such materials unless they are
placed at curbside or other designated locations for collection.
It shall be a violation of this article for any person to transport
any recyclable materials or newspapers to any facility outside the
Borough not approved and licensed for the collection of recyclable
materials.
The Borough Council of the Borough is authorized and directed
to enforce this article and to delegate the enforcement of the provisions
of this article. Borough Council is hereby authorized and directed
to establish and promulgate reasonable regulations as to the manner,
days, and times for the collection of materials required to be recycled
hereunder, in accordance with the terms hereof. Borough Council may
change, modify, repeal, or amend any portion of said regulations at
any time. The Borough reserves the right to inspect cans and containers
to ensure recyclable materials are appropriate, and to leave noncompliant
materials at the curb. The Borough also reserves the right to refuse
to collect any contaminated recycling materials.
Any person or entity subject to this article violating any provision
of this article shall be subject to a penalty not to exceed $600.