This article shall be known and referred to as the "Solid Waste Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-2024 by Ord. No. 721]
A. ACT 97 ACT 101 AGRICULTURAL WASTE BULKY WASTE COMMERCIAL ESTABLISHMENT COMPOSTING CONSTRUCTION AND DEMOLITION WASTE DEPARTMENT DISPOSAL DOMESTIC WASTE OR HOUSEHOLD WASTE GARBAGE HAULER OR PRIVATE COLLECTOR HAZARDOUS WASTE(1) (2) INDUSTRIAL ESTABLISHMENT INSTITUTIONAL ESTABLISHMENTS MUNICIPAL WASTE MUNICIPAL WASTE LANDFILL MUNICIPALITY, ALSO BOROUGH PERSON PROCESSING RECYCLING REFUSE RESIDUAL WASTE RUBBISH SCAVENGING SEWAGE TREATMENT RESIDUES SOLID WASTE STORAGE TRANSFER STATION TRANSPORTATION
The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P L 380, No. 97, July 7, 1980), as amended.[1]
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act No. 101, July 28, 1988), as amended.[2]
Means poultry and livestock manure, or residual materials in liquid or solid form, generated in the production, and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands, and shall include brush and stumps.
Means large items of solid waste including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
Means any establishment engaged in non-manufacturing or non- processing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
Means the storage of vegetable wastes on the property where they were generated, for the purpose of creating aerobic digestion and returning organic nutrients to the soil.
Means all municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
Shall mean the Pennsylvania Department of Environmental Protection.
Means the incineration, deposition, 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 to the waters of the Commonwealth of Pennsylvania.
Means solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house with six or fewer residential units.
Means any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
Means any person, firm, copartnership, association or corporation who has been licensed by the PADEP to collect, transport, and dispose of refuse for a fee as herein prescribed.
Means any solid waste or combination of solid wastes, as defined in Act 97 or 101 which because of its quantity, concentration or physical, chemical, or infectious characteristics may:
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
Means any establishments engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
Means any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
Means garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or gaseous material, resulting from the operations of residential, municipal, commercial or institutional establishments and from community activities and sludge not meeting the definition of residential or hazardous waste in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials or leaf waste.
Any facility that is designed, operated and maintained for the disposal of municipal waste and permitted by the PADEP for such purposes.
Shall mean the Borough of New Cumberland (Borough), Cumberland County, Pennsylvania
Means any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity 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.
Means any technology used for the purpose of reducing the volume or bulk of municipal or residual waste, or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, sludge treatment facilities and resource recovery facilities.
Means the collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
Means all solid waste materials which are discarded as useless.
Means any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term residual waste shall not include coal refuse as defined in the "Coal Refuse Disposal Control Act.[3]" Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the "Clean Streams Law.[4]"
Means all non-putrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited useless waste or rejected matter such as ashes, household items, bulk items, or similar.
Means the unauthorized and uncontrolled removal of material stored or placed at a point for subsequent collection or from a solid waste processing or disposal facility.
Shall mean any coarse screenings, grit and de-watered or air-dried sludges from sewage treatment plants and pumping's from septic tanks or septage which are a municipal solid waste and require proper disposal under Acts 97 and 101.
Means any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
Means 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.
Means any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
Means the off-site removal of any solid waste at any time after generation.
B.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provision of this article, and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
B.
It shall be unlawful for any person to burn any solid waste within the Borough except in accordance with the provisions of this article, and any Department rules and regulations adopted pursuant to Act 97 and Act 101.
C.
It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this article and any rules of the Borough or PADEP rules and regulations adopted by Act 97 and Act 101.
D.
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Borough unless the ultimate disposal of this material complies with the requirements of the County Municipal Waste Management Plan, adopted by Cumberland County.
E.
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Borough without prior approval by the Borough.
F.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under Act 97 and Act 101, and any Department rules and regulations adopted pursuant to these acts.
G.
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this article.
H.
It shall be unlawful for any person to place a used lead acid battery in mixed municipal solid waste, discard, or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of this commonwealth.
I.
It shall be unlawful for any municipal waste landfill to accept for disposal, and no resource recovery facility may accept for processing, truckloads composed primarily of leaf waste or plant waste.
A.
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall ensure use of secure containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
C.
Any person storing municipal waste or recyclable materials for collection shall comply with the following preparation standards:
(1)
All municipal waste shall be drained and free of liquids before being placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3)
All cans, bottles or other food containers should be rinsed free of food particles and drained before being place in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight. Such materials may also be composted by the Borough and/or by the property owner.
(5)
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight, and be recycling whenever possible.
(6)
When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery (recycling) of certain waste materials.
D.
All municipal waste shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk container's utilized for storage of municipal waste shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight, rust and corrosion resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof, and rodentproof.
(2)
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity of not less than 30 gallons nor more than 96 gallons, and a loaded weight of not more than 40 pounds.
(4)
Disposable plastic bags or sacks are acceptable containers provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
(5)
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
E.
Any person storing municipal waste for collection shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container, except for on a regularly scheduled collection day.
(2)
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced.
(5)
Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.
(6)
With the exception of pick-up days, when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises at all times. Garbage or refuse containers shall be placed for collection at ground level on the property and it shall be unlawful to permit containers to remain at the curbside along a public right-of-way for periods longer than 10 hours prior to or following regularly scheduled collection days.
(7)
Bulk waste items such as furniture, automobile parts, machinery, appliances, and tires shall not be stored outdoors and shall only be collected in accordance with current state, borough, and contracted hauler requirements. Tires, appliances, machinery, automobile parts, furniture, and other items may be exempt from collection requirements and property owners will be responsible for securing alternative disposal measures.
F.
The storage of all municipal waste from multifamily residential properties with more than six units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the Borough.
A.
The Borough shall provide for municipal collection, or shall designate the contractor or contractors for the collection of all garbage, rubbish, and bulky wastes from individual residences and multifamily residential (6 or fewer units) sources.
B.
All residential properties with 6 or fewer units shall utilize the residential collection service designated by the Borough.
C.
All commercial, institutional, industrial, establishments and properties containing more than six residential units shall dispose of all Municipal waste through arrangements with a private hauler.
D.
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Borough's collector and payment of any required special fees.
E.
All multifamily properties with more than six units, commercial, institutional, public and industrial lunchroom and office waste sources are not included in municipal collection, however, solid waste shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by the Borough or its contracted hauler.
G.
All solid waste collection activity shall be conducted between the hours of 6:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the Borough. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
H.
Private collectors shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Borough shall be conveyed by the hauler to a contractually agreed upon processing facility permitted by the PADEP, and designated in the approved County Municipal Waste Management Plan, adopted by Cumberland County.
(2)
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Acts 97 and 101, and any Department regulations adopted pursuant of Act 97 and Act 101.
(3)
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
(4)
Collection vehicles for rubbish and other non-putrescible solid waste shall be capable of being enclosed or covered to prevent roadside littering and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
(7)
No solid waste collection shall be commenced by any person, entity or corporation, including the Borough designated hauler, after 6:00 p.m. nor before 6:00 a.m. on the day designated as the trash collection day, except where conditions beyond the control of the hauler prevent collection.
A.
The governing body of the Borough shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance, and operation of the municipal solid waste collection and transportation system; or for the contracting of such service to a private collector.
B.
It shall be the responsibility of each owner of a dwelling unit benefitted by refuse collection to provide the Borough with, and thereafter keep the Borough continuously advised of, the correct mailing address of such owner. Failure of the owner to receive a bill for charges due and payable shall not be considered an excuse for nonpayment, nor shall such failure result in an extension of the period of time during which the net bill shall be payable.
C.
Every owner of residential property billed by the Borough shall remain liable for the payment of collection fees and charges, including applicable surcharges and penalties, until the later of i) the receipt by the Borough of written notice by such owner that the property has been sold, containing the correct name and mailing address of the new owner, or ii) the date on which title to the property is transferred to a new owner. Failure to provide notice to the Borough renders an owner continuously liable for any charges that may accrue until such time as the Borough has been property notified of any change in ownership as described above.
D.
Fees and rates, for collection services provided to residential properties, shall be adopted by the Borough based upon the actual contracted costs of collecting municipal waste within the Borough, plus an administrative fee, as established from time to time by resolution of Borough Council. The resolution shall include provisions for penalties on delinquent accounts and exoneration of charges under certain conditions.
E.
It shall be the responsibility of the owner of each commercial property or property containing six or more residential units to obtain its own refuse collection and disposal service and to make direct payments to the contractor obtained by the owner of each commercial property for the services rendered.
F.
All delinquent billed service fees and charges, including penalties, surcharges, legal fees, and court costs, shall be collected by the Borough or a collection company. Policies and procedures for collection of delinquent accounts shall be established by resolution of Borough Council.
A.
Nothing in this article shall be deemed to prevent a landowner or occupier from creating and maintaining a compost pile provided it is formed entirely from vegetable wastes, is maintained so as to be digested from aerobic bacteria only, in a manner which neither causes pollution nor is offensive to neighbors of reasonable sensibilities, and consistent with all other ordinances of the Borough.
B.
Nothing in this article shall be deemed to prevent the disposal of agricultural waste upon an active farm, by burning, burial, or composting provided that such disposal is conducted in a manner not to cause pollution of the air or water, so as not to interfere with neighbor's use of their land, such that it abides by the Municipal Air Pollution Ordinance, if appropriate, and is consistent with all other ordinances of the Borough.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction therefor, be sentenced to pay a fine of not more than $300 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days, provided each day's violation of any of the provision of this article shall constitute a separate offense.
In the event that any section, paragraph, sentence, clause, or phrase of this article be declared unconstitutional or invalid for any reason, the remainder of such ordinance shall not be invalidated by such action.
Any ordinances or any part of any ordinance which specifically conflicts with this article are hereby repealed insofar as the same affects this article.
This article shall take effect immediately upon its adoption.
[Adopted 2-14-2024 by Ord. No. 718]
This article shall be known and may be cited as the "Borough of New Cumberland Recycling Ordinance."
There is hereby established a program for collection of recyclable materials in the Borough of New Cumberland, Cumberland County, Pennsylvania. No person shall collect, remove, treat, transport, or dispose of recyclable materials and leaf waste in the Borough of New Cumberland except in accordance with this article. The use of an authorized collector will not relieve any person from compliance with this article.
As used in this article, the following terms shall have the following meanings:
The statewide recycling requirement in Pennsylvania known as the Municipal Waste Planning Recycling and Waste Reduction Act of 1988.[1]
Refers to cans comprised of 100% aluminum.
Person registered and authorized by the Borough of New Cumberland Borough or the Borough of New Cumberland itself, to collect, remove, transport, and dispose of municipal waste, recyclable materials, and/or leaf waste for owners or occupants of single-family residential establishments, multifamily residential establishments, commercial establishments, institutional establishments, municipal establishments, and community activities in the Borough of New Cumberland.
Empty food or beverage container made of steel with a thin plating of tin over the steel.
Borough of New Cumberland, Cumberland County, Pennsylvania.
A building or buildings used or designed for use for commercial purposes, including, but not limited to wholesale, industrial, manufacturing, transportation, financial or professional services stores, markets, office buildings, restaurants, shopping centers, theaters, or other commercial activities.
Events sponsored in whole or in part by the Borough of New Cumberland or conducted within the Borough of New Cumberland and sponsored privately, which include, but are not limited to fairs, bazaars, socials, picnics, and organized sporting events that will be attended by 200 or more individuals per day.
A facility for composting vegetative material, including leaves, garden residue and chipped shrubbery and tree trimmings.
A structural paper material with an inner core shaped in rigid parallel furrows and ridges.
As defined in Act 108 of 2010, Covered Device Recycling Act (as amended), a covered computer device and covered television device marketed and intended for use by a consumer.
Room or rooms within a building connected together, constituting a separate independent housekeeping establishment for a single family, for owner occupancy or for rental, lease, or other occupancy.
Empty food and beverage containers, including jars and bottles, made of clear, blue, green, brown, or amber glass; excludes plate glass, window glass, automotive glass, porcelain, ceramic products, and glass ornaments.
Bond, copier, letterhead, or mimeograph paper typically sold as "white ledger" paper; includes computer paper.
Any establishment engaged in manufacturing or processing, including but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
An establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools, universities, churches and social or fraternal societies and organizations.
Leaves, garden residues, shrubbery, tree trimmings, and similar materials, but not including grass clippings.
A periodical publication containing a collection of articles, stories, photographs, illustrations, and other features usually bound with a paper cover and printed in one or more colors on glossy or chemically coated paper, excluding newsprint and all other paper or fiber materials.
Recyclable paper materials including paperboard/boxboard, junk mail, and other designated recyclable paper; excludes corrugated paper, magazines, high-grade office paper, and newsprint.
A building or buildings under single or multiple ownership and designed as a residence for more than six families living independently of each other and doing their own separate cooking therein, including apartments, townhomes, or condominiums.
Of or pertaining to any office or other property under the control of any branch or arm of the Federal Government of the United State of America, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth of Pennsylvania including, but not limited to, the Borough of New Cumberland, any counties, cities, boroughs, and municipal authorities.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or gaseous material, resulting from the operations of residential, municipal, commercial or institutional establishments and from community activities and sludge not meeting the definition of residential or hazardous waste in the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. § 6018.101 et seq., from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials or leaf waste.
Paper distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest.
An individual, partnership, association, corporation, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity which is recognized by law as a subject of rights and duties. In any provision 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 any other legal entity having officers and directors.
Empty and clean plastic containers that contained food, beverage, cleaning, laundry, and other household products. Includes only rigid containers marked with a recycling symbol and a single number (i.e., 1 to 7). Examples include soda and water bottles, milk and water jugs, laundry containers, produce and other food containers, and soap bottles; excludes expanded polystyrene containers and plastic containers larger than two gallons such as buckets and laundry baskets.
Those materials specified by the Borough of New Cumberland for collection in accordance with this article and recycling regulations that may be promulgated from time to time for separation, collection, processing, and recovery as part of a recycling program. These materials include aluminum cans, bi-metal containers, corrugated paper, glass containers, magazines, mixed paper, newsprint, high grade office paper, and plastic containers.
The separation, collection, processing, recovery and sale or reuse of recyclable materials, which could otherwise be disposed of or processed as municipal waste.
A container designated by the property owner or resident for the storage of recyclable materials. A recycling container may be provided by the Borough, property owner, resident or tenant, or the authorized collector. A recycling container must be durable, watertight, and be at least 13 gallons in size and no more than 96 gallons with a label indicating the container is for recyclable materials. The Authorized Collector may stipulate the size of container that must be utilized for collection.
A facility employing a process that separates or classifies recyclable materials and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term does not include transfer facilities, municipal waste landfills, composting facilities, or resource recovery facilities.
An occupied dwelling unit for human habitation, except multi-family residential establishment with more than six units. Home occupations incidental to the residential use within a dwelling unit are considered a "residential establishment."
The separation of recyclable materials and leaf/yard waste from municipal waste at the points of origin for the purpose of recycling.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Subject to the provisions of this article, all persons in the Borough must arrange with an authorized collector for the separate curbside or similar location collection of recyclable materials and leaf waste. Persons eligible to receive collection service from the Borough must participate in the Borough sponsored recycling program and utilize the designated authorized collector. Persons not eligible to participate in the Borough sponsored recycling program must contract with an authorized collector for the separate collection of recyclable materials and leaf/yard waste.
Authorized collectors shall comply with the following minimum standards and regulations:
A.
All recyclable materials and leaf/yard waste collected within the Borough shall be conveyed by the hauler to a contractually agreed upon recycling facility permitted by the PADEP.
B.
Any trucks or other vehicles used for the collection and transportation of recyclable materials and leaf/yard waste must comply with the requirements of Acts 97 and 101, and any Department regulations adopted pursuant of Act 97 and Act 101.
C.
All collection vehicles conveying recyclable materials and leaf/yard waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
D.
Collection vehicles for municipal waste, recyclable materials, or similar wastes, shall be capable of being enclosed or covered to prevent roadside littering and other nuisances.
E.
All recyclable materials and leaf/yard waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
F.
All collection vehicles shall be operated and maintained in a clean and sanitary condition.
G.
No recycling collection shall be commenced by any person, entity or corporation, including the Borough authorized collector, after 6:00 p.m. nor before 6:00 a.m. on the day designated as the recycling collection day, except where conditions beyond the control of the hauler prevent collection.
A.
Except as otherwise provided herein, all persons owning or occupying single-family residential establishments shall separate recyclable materials designated in this article from municipal waste. Recyclable materials shall be placed in recycling containers and the recycling containers placed curbside or in another designated location for collection by an authorized collector.
B.
The following materials must be recycled at single-family residential establishments: aluminum cans, bi-metal containers, corrugated paper, glass containers, high grade office paper, mixed paper, newsprint, plastic containers, and leaf/yard waste. Specific provisions for leaf/yard waste recycling are provided in § 307-21.
C.
Separate collection of recyclable materials shall be provided by the authorized collector. Recyclable materials shall be collected once a week.
D.
Requirements for collection.
(1)
All recyclable materials must be placed in a recycling container separate from municipal waste. Recycling containers may be provided by the Borough, authorized collector, property owner, or resident, as allowed by the authorized collector.
(2)
Recyclable materials must be prepared to prevent the materials from being blown about or littered on Borough streets or on private property. This may include placement of recyclable materials in recycling containers with latching or closing lids.
(3)
No persons shall place recyclable materials in containers used for the collection of municipal waste and no municipal waste shall be placed in recycling containers.
(4)
Containers shall be placed curbside or in another location as designated by an authorized collector for collection. Whenever possible, containers should not be placed on the paved portion of a roadway or sidewalk and in all circumstances containers shall not otherwise obstruct the flow or vision of motorists or pedestrians traveling on adjacent roads, streets, or sidewalks.
(5)
Containers shall be placed at the curb or in the front yard before 6:00 a.m. prior to the scheduled collection. It shall be unlawful to permit containers to remain at the curbside along a public right-of-way for periods longer than 10 hours prior to or following regularly scheduled collection days.
(6)
Recyclable materials must be clean and dry and prepared according to the requirements of the Borough or authorized collector.
E.
Nothing herein shall be deemed to impair the ownership of recyclable materials by the person who generated them unless and until such materials are placed at the curb or similar location for collection by the authorized collector.
A.
Owners, landlords, or agents of owners or landlords of a multifamily residential establishment must establish a system for source separation, collection, transportation, and recycling of the recyclable materials designated in this article that are generated at multi-family residential establishments. The system must include an appropriate number of labeled recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated at each multifamily residential establishment. The system must also include written instructions to the residents of multifamily residential establishments to inform them of the requirement to recycle and the use and availability of the collection program. The Borough reserves the right to require additional recycling containers if the Borough deems there are insufficient recycling containers to serve residents.
B.
The following materials are required to be recycled by multi-family establishments at a minimum: aluminum cans, bi-metal containers, corrugated paper, glass containers, high grade office paper, mixed paper, newsprint, plastic containers, and leaf/yard waste. Specific provisions for leaf/yard waste recycling are provided in § 307-21.
C.
Owners, landlords, or agents of owners or landlords of multifamily residential establishments must arrange with an authorized collector for the separate collection, transportation, and recycling of recyclable materials.
D.
No person shall place recyclable materials in containers used for the collection of municipal waste and no municipal waste shall be placed in containers designated for the collection of recyclable materials.
E.
Recyclable material collection frequency shall be set by the owner, landlord, or agent of a multifamily residential establishment and the authorized collector, but shall occur no less than once a week. More frequent collection of recyclable materials may be necessary to prevent recycling containers from being overfilled and cause materials to be blown about or littered on Borough streets and on private property.
F.
Whenever individual recycling containers are utilized for multifamily residential establishments, the owner, landlord, or agent of the property or properties shall ensure occupants are complying with the requirements for collection in § 307-17D.
G.
Whenever an authorized collector does not directly report to the Borough, the owner, landlord, or agent of multifamily residential establishments must provide a written report to the Borough that lists the authorized collector collecting recyclable materials, the name and address of the property that recyclable materials are collected, the quantity of each type of recyclable material collected by weight, and the name and affiliation of the person submitting the report. Reports shall be submitted annually, on forms furnished by the Borough, 30 days after the close of each calendar year.
H.
Owners, landlords, or agent of an owner or landlord who comply with the ordinance shall not be liable for the noncompliance of residents.
A.
Owners, landlords, or agents of a commercial, institutional, or municipal establishment must establish a system for source separation, collection, transportation, and recycling of recyclable materials designated in this article that are generated at each building. The system must include an appropriate number of labeled recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated at each building. It must also include written instructions to the tenants or occupants of commercial, institutional, and municipal establishments to inform them of the requirement to recycle and the use and availability of the collection program. The Borough reserves the right to require additional recycling containers if the Borough deems there are insufficient containers to serve occupants or tenants.
B.
At a minimum, the following materials are required to be recycled in commercial, institutional, and municipal establishments: high-grade office paper, corrugated paper, aluminum cans, and leaf/yard waste. Specific provisions for leaf/yard waste recycling are provided in § 307-21.
C.
Owners, landlords, or agents of owners or landlords of a commercial, institutional, and municipal establishments must arrange with an authorized collector for the separate collection, transportation, and recycling of recyclable materials.
D.
No persons shall place recyclable materials in containers used for the collection of municipal waste and no municipal waste shall be placed in containers designated for the collection of recyclable materials.
E.
Recyclable material collection frequency shall be set by the owner, landlord, or agent of a commercial, institutional, or municipal establishment and the authorized collector, but shall occur no less than once a week. More frequent collection of recyclable materials may be necessary to prevent recycling containers from being overfilled and cause materials to be blown about or littered on Borough streets and private property.
F.
Whenever an authorized collector does not directly report to the Borough, the owner, landlord, or agent of a commercial, institutional, or municipal establishment must provide a written report to the Borough that lists the authorized collector collecting recyclable materials, the name and address of the property that recyclable materials are collected, the total quantity of each type of recyclable material collected by weight, and the name and affiliation of the person submitting the report. Reports shall be submitted annually, on forms furnished by the Borough, 30 days after the close of each calendar year.
A.
The organizers or sponsors of a community activity must establish a system for source separation, collection, transportation, and recycling of aluminum cans, plastic containers, glass containers, corrugated paper, high grade office paper, and leaf waste. Arrangements for the source-separation and collection of these materials shall be the responsibility of the organizers or sponsors.
B.
The organizers or sponsors of a community activity must establish a collection system that includes an appropriate number of recycling containers at easily accessible locations to accommodate the amount of recyclable materials generated. Community activity organizers and sponsors must provide signage and/or labels on recycling containers to indicate what recyclable materials are to be source separated by event participants.
C.
Organizers or sponsors must arrange with an authorized collector for the collection of recyclable materials.
D.
Whenever an authorized collector does not directly report to the Borough, organizers or sponsors of a community activity must provide a written report to the Borough that lists the name of the community activity, the authorized collector collecting recyclable materials, the total quantity, by weight, of each recyclable material collected, and the name and affiliation of the person submitting the report. Reports are to be submitted to the Borough, on forms furnished by the Borough, no later than 30 days upon the conclusion of the event.
A.
It is prohibited and will be deemed a violation hereof for any person in the Borough to put or cause to be put leaf/yard waste with municipal waste or recyclable materials. Leaf waste shall be source separated from municipal waste and recyclable materials generated on any property in the Borough and stored on the property, in a separate open container or other method, until collection day. All persons shall comply with guidelines for curbside collection of leaf/yard waste established by the Borough and/or authorized hauler.
B.
Nothing herein shall prevent any person from utilizing leaf waste for compost, mulch, or other agriculture, horticulture, or landscaping purposes on the property where the leaf waste is generated.
C.
Leaf waste shall be collected curbside or similar location at least once per month; or alternatively, leaf waste shall be collected no less than two times per year (spring and fall) and a drop-off location or other collection alternative will be made available that allows persons to drop-off leaf waste for composting at least once per month. All persons in the Borough shall comply with having leaf/yard waste collected curbside or similar location by an authorized collector separate from municipal waste.
D.
Whenever an authorized collector does not directly report to the Borough, the owner, landlord, or agent of an owner or landlord of a multifamily residential, commercial, institutional, or municipal establishment must provide a written report to the Borough that lists the authorized collector collecting leaf waste, the name and address of the property that leaf waste is collected, the total quantity, by weight, of leaf waste collected, the name of the composting facility authorized by the State to receive collected leaf waste, and the name and affiliation of the person submitting the report. Reports shall be submitted annually, on forms furnished by the Borough, 30 days after the close of each calendar year.
A.
It shall be unlawful for any person to commingle hazardous or residual waste, as defined in Act 101, with municipal waste, recyclable materials, and/or leaf waste or to discard or otherwise dispose of hazardous or residual waste except by disposition in compliance with applicable state and federal laws and regulations. For specific material recycling and disposal requirements, refer to Cumberland County Municipal Waste Management Plan or Pennsylvania Department of Environmental Protection guidelines.
B.
It shall be unlawful for any person to commingle a lead acid battery with municipal waste, recyclable materials, and/or leaf waste or to discard or otherwise dispose of a lead acid battery except by delivery to an automotive battery retailer or wholesaler, to a secondary smelter permitted by the U.S. Environmental Protection Agency, or to a collection or recycling facility authorized under the laws of Pennsylvania.
C.
In accordance with PA Act 108 of 2010, no person may dispose of a covered device or any of its components with municipal waste. This type of waste requires special collection and disposal arrangements. Information on how to recycle covered devices may be obtained by the Pennsylvania Department of Environmental Protection.
D.
Large and small appliances containing Freon may not be combined with municipal waste. These appliances contain chlorofluorocarbons and Freon that must be removed by a certified professional, and these should be taken to a Freon-certified handler. Freon-containing appliances may include refrigerators, freezers, air conditioning units, dehumidifiers, and water coolers.
A.
Collection by unauthorized persons. From the time of recyclable material placement at the curb or other designated location, it shall be a violation of this article for any person unauthorized by the Borough to collect or pick up recyclable materials and leaf/yard waste. Any and each collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereafter provided.
B.
Burning of recyclable materials and leaf waste. The burning of recyclable materials and leaf waste shall be prohibited at all times in the Borough.
C.
Littering/illegal dumping. It is unlawful for any person in the Borough to dump or deposit recyclable materials, leaf waste, municipal waste, or any other refuse on any private or public property or grounds in the Borough.
D.
Overfilling containers. Containers of recyclable materials, leaf waste, municipal waste, or any other refuse must not be overfilled to provide for or allow materials to become displaced by natural or manufactured elements.
E.
Storing/stockpiling materials. All persons in the Borough are prohibited from storing, processing, or disposing of municipal waste, recyclable materials, and leaf waste on a property except at a facility or in preparation for the collection by an authorized collector as provided herein. Notwithstanding the forgoing, leaf waste may be composted on-site.
F.
Public nuisance. It shall be unlawful and a public nuisance for any person to violate, cause or assist in a violation of any provision of this article or violate, cause or assist in the violation of any rule, regulation or resolution promulgated by the Borough pursuant to this article.
Nothing in this article or any regulation promulgated pursuant hereto shall be deemed to impair the ownership of recyclable materials by the persons who generated them unless and until separated materials are placed at curbside or similar location and collected by an authorized collector.
The collection of municipal waste, recyclable materials, and leaf waste by authorized collectors and the preparation of municipal waste, recyclable materials, and leaf waste by property owners and residents of the Borough shall be made in compliance with any regulations that may be adopted by the Borough Council of the Borough of New Cumberland to carry out the intent and purpose of this article. Such rules, regulations, and fees for services shall be approved by resolution of the Borough Council and, when so approved, shall have the same force and effect as the provisions of this article. Said rules, regulations, or fees for services may be amended, modified or repealed by resolution of the Borough Council.
A.
Any person who violates any of the provisions of this article shall, upon conviction thereof before a Magisterial District Judge, be fined not more than $1,000, plus costs of prosecution, including reasonable attorney's fees, incurred by the municipality and, in default of payment of such fine and costs be imprisoned for not more than 30 days. Each day that a violation of each Section continues, which shall be found to have been violated continues in effect shall be deemed a separate violation. No judgment shall be imposed until the District Justice imposes the date of determination of a violation. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure.
B.
Private haulers that violate any provision of this article may be reported to the Pennsylvania Department of Environmental Protection by the municipality and may be subject to the revocation of the Commonwealth's authorization to transport municipal waste, as described in the amended Waste Transportation Safety Program, 27 Pa.C.S.A. § 6201 et seq.
The Code Enforcement Official, the Property Maintenance Officers, Borough police officers, and other appointed Borough officials are hereby individually and severally empowered to enforce the provisions of this article. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any recyclable material. An inspection may also consist of sorting through containers and opening of recyclable material containers to detect, by sound or sight, the presence of any solid waste.
A.
In addition to any other remedy provided in this article, the Borough of New Cumberland may institute a suit in equity where unlawful conduct or public nuisance exists as defined in this article for an injunction to restrain a violation of this article. In addition to an injunction, the court may impose penalties as authorized by other rules, regulations, or ordinances of the Borough.
B.
The penalties and remedies prescribed by this article shall be deemed concurrent. The existence or exercise of any remedy shall not prevent the Borough of New Cumberland from exercising any other remedy provided by this article or otherwise provided at law or equity.
The terms and provisions of this article are to be liberally construed so as best to achieve and to effectuate the goals and purposes hereof.
The provisions of this article are severable, and if any sections, sentences, clauses, parts, or provisions thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of the Court shall not affect or impair the remaining sections, sentences, clauses, parts, or provisions of this article. It is hereby declared to be the intent of the Borough Council that this article would have been adopted as if such illegal, invalid, or unconstitutional, sections, sentences, clauses, parts, or provisions had not been included therein.
Ordinance No. 522 and any ordinance and or parts of ordinances that are inconsistent herewith are hereby repealed.
This article shall take effect immediately upon its adoption.