[Ord. 544, 11/5/1984]
This Part shall be known as the “Selinsgrove Borough Garbage,
Rubbish and Refuse Management Ordinance.”
[Ord. 544, 11/5/1984; as amended by Ord. 663, 8/4/1997]
As used in this Part, the following terms shall have the meanings
indicated:
APPLICANT
A person applying for a license as a collector.
AUTHORITY
The Snyder County Solid Waste Management Authority.
BOROUGH
Selinsgrove Borough, Snyder County, Pennsylvania.
COLLECTOR
A person licensed by the County, or designee, to collect,
transport and dispose of municipal waste.
COUNTY
The Board of Commissioners of Snyder County, Pennsylvania.
DISPOSAL
Incineration, deposition, injection, dumping, spilling, leaking
or placing of municipal waste into or on the land or water in a manner
that the municipal waste or a constituent of municipal waste enters
the environment, is emitted into the air or is discharged to the waters
of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
GARBAGE
All putrescible animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS
All products made from silica or sand, soda ash and limestone,
the product being transparent or translucent and being used for packaging
or bottling of various matter, and all other material commonly known
as “glass”; excluding, however, blue and flat glass and
glass commonly known as “window glass.”
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
MUNICIPAL WASTE
Any garbage, rubbish, refuse, industrial lunchroom or office
waste and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities,
except farm-produced manure, other agricultural waste and food-processing
waste used on land where such materials will improve the condition
of the soil, the growth of crops or the restoration of the land for
the same purposes, and any sludge not meeting the definition of residual
or hazardous wastes, as defined in Pennsylvania Act 97, 35 P.S. §6018.101 et seq.
NEWSPAPER
Paper of the type commonly referred to as “newsprint”
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and
other matters of public interest. Magazines and periodicals as well
as all other paper products of any nature are not considered “newspaper.”
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, Federal government or
agency, State institution and agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
RECYCLABLES
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, glass containers, corrugated paper
(cardboard and paper bags), magazines, computer printout paper, computer
tab cards, office paper, steel cans, newspaper and paper products
not chemically coated.
REFUSE
Garbage, rubbish and trade waste.
STORAGE
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
TRANSPORTATION
The off-site removal of any municipal waste at any time after
generation.
[Ord. 544, 11/5/1984; as amended by Ord. 825, 10/3/2016]
1. Dumping
upon or Underground Unlawful. It shall be unlawful for any person
to store, dump, discard or deposit, or permit the storage, dumping,
discarding or depositing of, any municipal waste upon the surface
of the ground or underground within the jurisdictional limits of the
Borough, except in proper containers for purposes of storage or collection
and except where the waste is of such size or shape as not to permit
its being placed in such containers.
2. Dumping
in Streams or Bodies of Water Unlawful. It shall be unlawful for any
person to dump or deposit municipal waste in any stream or body of
water within the jurisdictional limits of the Borough.
3. Non-collectors
May Transport Municipal Waste. Nothing contained herein shall be deemed
to prohibit any person from hauling such municipal waste on an irregular
and unscheduled basis to any facility permitted by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
4. Normal
Farm Activities Permitted. Nothing contained in this Part shall prohibit
a farmer from carrying out the normal activities of his farming operation,
including composting and spreading of manure or other farm-produced
agricultural wastes.
[Ord. 544, 11/5/1984; as amended by Ord. 569, 3/2/1987; and by Ord. 663, 8/4/1997]
1. All fees
charged for the licensing of collectors to operate in the Borough
are hereby abolished as the legislature of the Commonwealth of Pennsylvania
has deemed the county as the only local government agency that can
license collectors unless the county designates otherwise, and the
county has designated that the Authority shall be the licensor of
all collectors operating in Snyder County, Pennsylvania.
2. Unauthorized
collection of municipal waste for others is unlawful. It shall be
unlawful for any person, except for those duly authorized, in writing,
by the county or the Authority, to collect, transport and dispose
of municipal waste of any nature within or from the Borough for others.
However, persons who collect, transport and dispose of their own municipal
waste are hereby authorized to do so, provided that they comply with
all relevant provisions of this Part.
3. Authorization
to collect municipal waste for persons other than oneself may only
be given by the county or the Authority through the issuance of a
municipal waste collection license. Each year, collectors of municipal
waste shall deliver a copy of their licenses to the Borough’s
office for its records.
[Ord. 544, 11/5/1984; as amended by Ord. 585, 9/12/1988; and by Ord. 772, 11/3/2008]
1. Storage
May Not Create Health and Safety Hazards. The storage of all municipal
waste shall be practiced so as to prevent the attraction, breeding
or harborage of insects or rodents and to prevent conditions which
may create potential hazards to the public health or which create
a fire and other safety hazards, odors, unsightliness or public nuisance.
2. Storage
in Containers Required. Any person accumulating or storing garbage
on private or public property in the Borough for any purpose whatsoever,
including waste being stored temporarily for door-to-door collection,
shall place the same or cause the same to be placed in sanitary closed
or covered containers in accordance with the following standards:
A. Containers
used for the storage of municipal waste shall be of metal, plastic
or fiberglass construction; rust and corrosion resistant; equipped
with lids; waterproof and leakproof; and except in the case of bulk
containers, shall not exceed 20 gallons in capacity or such larger
capacity as the Borough Council by resolution may approve. Plastic
trash bags, if not punctured, may be used to store municipal waste.
B. A sufficient
number of containers shall be provided to contain all municipal waste
materials generated during periods between regularly scheduled collections
that are required to be placed in containers.
3. Preparation
for Collection.
A. No person,
except the occupants of the property on which a waste container is
placed and an authorized collector, shall remove the lids of the container
and/or remove the contents thereof.
B. Municipal
waste of a highly flammable or explosive nature or highly infectious
or contagious refuse shall not be stored for ordinary collection but
shall be disposed of in accordance with the directions of the Borough.
4. Bulk Containers.
A. To facilitate collection, bulk containers shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector that will enable clear and easy access to the container by the collector’s vehicle. Bulk containers in residential zones, as those zones are defined in the Zoning Ordinance of the Borough of Selinsgrove [Chapter
27] shall not be placed in the front yard or side yard of the property.
B. In the
event that a person, firm, corporation or other entity wishes to use
a bulk container on a temporary basis for the purposes of disposing
of construction or demolition waste or for the purpose of facilitating
the removal of items other than the normal day-to-day removal of refuse,
said person, firm, corporation or other entity shall, prior to the
placement of the bulk container, secure a permit from the Police Department
of the Borough of Selinsgrove, which shall permit the placement of
said bulk container other than in compliance with the provisions of
this Section for not longer than three months.
C. Said
permit may be renewed for like periods upon application to do so.
5. Compost
Piles. Notwithstanding the terms of this Part to the contrary, compost
piles kept by occupants or tenants of a structure shall not violate
the terms and conditions of this Part, provided that the materials
in the compost piles do not generate any offensive odors and provided
further that said compost piles are secure so that animals do not
spread the materials from the compost piles around that premises and/or
surrounding properties.
[Ord. 544, 11/5/1984; as amended by Ord. 569, 3/2/1987; and by Ord. 825, 10/3/2016]
1. Disposal
at Lycoming County Facility Required. All municipal waste produced,
collected and transported from within the jurisdictional limits of
the Borough shall be promptly disposed of at facilities operated by
Lycoming County and approved by the Pennsylvania Department of Environmental
Protection in accordance with the rules, regulations and rates of
that facility and in accordance with the Borough’s Solid Waste
Management Plan.
2. Disposal
of Bulky Waste. In addition to other disposal procedures permitted
by this Part, bulky wastes, such as but not limited to refrigerators,
stoves, other appliances, pieces of furniture, auto parts and other
such household goods and equipment, may be disposed in the manner
designated by the Borough at any cleanup or collection fixed or set
by the Borough.
[Ord. 544, 11/5/1984]
Spillage shall be prevented and/or cleaned up. Any person transporting
municipal waste within the Borough shall prevent and/or clean up and
remove any spillage from vehicles or containers.
[Ord. 544, 11/5/1984; as added by Ord. 772, 11/3/2008]
1. Removal
by Licensed Haulers. Every owner of real property within the Borough
of Selinsgrove shall contract with an individual, entity or firm which
is a licensed hauler by the Commonwealth of Pennsylvania to have all
the municipal waste generated on the premises by any of the occupants
of premises removed and deposited in a permitted landfill on a weekly
basis or more often. A “pay-as-you-throw” or removal on
pre-paid bag arrangement is permitted as long as the municipal solid
waste hauler is licensed and such waste is removed on a weekly basis
or more often. As an alternative to contracting with a licensed hauler,
an owner may self-transport his, her, or its solid municipal waste
to a permitted landfill or transfer station.
2. Proof
of Contract Required. Whenever requested by the Borough of Selinsgrove,
the owner of any real property within the Borough shall present written
proof adequate in the sole judgment of the Borough designee that the
owner of said real property has a current contract with a licensed
hauler to dispose of municipal solid waste generated on the said real
property on a weekly basis or more often. The owners of the real property
shall have 72 hours to provide written proof to the Borough designee
that he, she, or it has a current contract with a licensed hauler
to provide sufficient service to satisfy the terms and conditions
of this Part. Owners that are self-transporting their municipal solid
waste must retain documentation and be prepared to provide such written
proof to the Borough designee within 72 hours of a request to do so.
Documentation may include, but shall not be limited to, cancelled
checks, receipts, disposal slips, etc.
3. Duties
of Haulers. Any hauler picking up municipal solid waste within the
Borough of Selinsgrove shall be required to advise the Borough in
writing within 72 hours after receipt of a request from the Borough
as to whether an owner has a current contract for the removal and
disposal of municipal solid waste from his, her, or its real property
within the Borough. Furthermore, all licensed haulers shall cooperate
with the Borough in providing information in the event that an action
is instituted to enforce the terms and conditions of this Part.
[Ord. 544, 11/5/1984; as amended by Ord. 597, 12/4/1989; and by Ord. 825, 10/3/2016]
Any person violating any of the provisions of this Part or any
person or persons, including, but not limited to, owners of real property,
permitting any violation of any of the provisions of this Part to
continue shall be guilty of a summary offense and shall, upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and reasonable attorney
fees incurred by the Borough in the enforcement proceeding and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense. Every violator of the provisions
of this Part and/or every person who permits a violation of the provisions
of this Part to continue shall be deemed guilty of a separate offense
for each and every such violation shall continue and shall be subject
to the penalty imposed by this Section for each and every such separate
offense. For the purposes of this Section, a person, including but
not limited to the property owner of the premises upon which the violation
is occurring, shall be deemed to have permitted the violation to continue
if the violation has not been terminated within a period of five calendar
days after having received notice of said violation from the Borough
of Selinsgrove by certified mail, return receipt requested. For purposes
of this Section, the date of delivery of the letter as shown on the
return receipt card or five calendar days from the date of the final
notice to the addressee of a certified letter that is returned to
the Borough of Selinsgrove as unclaimed shall constitute the date
of the receipt of notice of the violation.
[Ord. 544, 11/5/1984; as amended by Ord. 825, 10/3/2016]
1. Subject
to Federal and State Laws. This Part shall be subject to all applicable
Federal and State laws, rules and regulations, including the rules
and regulations as set forth by the Pennsylvania Department of Environmental
Protection.
2. Regulations.
The Borough Council may establish and revise regulations governing
any matters covered by this Part.