[HISTORY: Adopted by the Borough Council of the Borough of New Salem as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-12-1999 by Ord. No. 2-1999]
This shall be known as the "New Salem Borough Municipal Collection and Disposal of Municipal Waste and Recyclable Materials Ordinance."
The following words, terms and phrases shall have ascribed to them the meanings herein set forth, unless the use of such word, term or phrase in context clearly indicates a different meaning:
- The Borough of New Salem, York County, Pennsylvania, or its authorized representative or representatives.
- All corrugated or other cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic-, foam- or wax-coated or soiled cardboard.
- The person, corporation or partnership with whom the Borough of New Salem shall enter into a contract for collection, transportation and disposal of municipal waste along with billing and collection for the service.
- A building or structure designed for living quarters for residential purposes.
- DWELLING UNIT
- One or more rooms in a dwelling, which room or rooms have
a kitchen with fixed cooking facilities arranged for occupancy by
one or more persons living together as one family.[Amended 10-7-2008 by Ord. No. 1-2008]
- GLASS CONTAINER
- All empty bottles and jars made of clear, green or brown glass used for food and beverage only.
- METAL CONTAINER
- All aluminum, steel, tin and bimetallic cans used for food and beverage only.
- MUNICIPAL WASTE
- Any garbage, 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 and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act 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.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and other matters of public interest, but not including glossy advertising inserts included with newspapers.
- Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, public and private schools and educational facilities, other governmental agency or any other entity or any group of such persons which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, penalty or imprisonment, the term "person" shall include the officers and directors of a corporation or other legal entity having officers and directors.
- PLASTIC CONTAINER
- All empty plastic containers used for food, beverage, soap and detergent only which contain the number 1 or 2 within the recycle symbol on the container.
- PRINCIPAL USE
- The main or primary use of property or structures.
- RECYCLABLE MATERIALS
- Cardboard, glass containers, metal containers, newspaper and plastic containers as defined above. Recyclable materials do not include plate and mirror glass; drinking glasses; ceramics; dishes or porcelain; bleach, oil, paint or chemical containers; aerosol cans; plastic toys; utensils; appliances; glossy newspaper inserts; mail; cereal boxes; books; etc.
Editor's Note: See 35 P.S. § 6018.101 et seq.
There is hereby established in the Borough a mandatory collection, transportation and disposal program for the collection, transportation and disposal of municipal wastes and recyclable material from all qualified property. The Borough is authorized to promulgate such rules and regulations as are necessary to implement the collection, transportation and disposal program for municipal waste from qualified property. The Borough is authorized to enter into a contract with a contractor for the collection, transportation, disposal and billing of municipal waste and recyclable material, which contract shall contain such terms and conditions as the Borough shall deem appropriate.
On and after the effective date of this article, only the contractor authorized by the Borough shall collect, transport and dispose of municipal waste and recyclable material from any and all qualified property located within the limits of the Borough of New Salem.
Each person owning or occupying a qualified property within the Borough shall dispose of all municipal waste and recyclable material generated by having the same collected, transported and disposed of by the contractor in accordance with the terms and conditions of a contract between the Borough and the contractor.
A container is any receptacle in which municipal waste is placed for collection, and includes cans, barrels, boxes and plastic bags; provided, however, that they are so constructed as to be fit for permanent use or, in the case of bags, for one-time use. All municipal waste containers or plastic bags shall be securely covered or tied as the case may be. Such containers, when filled, shall not weigh more than 50 pounds each. It is understood that all municipal waste must be in containers, or securely tied in bundles not larger than three feet by three feet; such bundles will be considered containers, and the maximum weight of 50 pounds per container shall apply. Containers shall be placed at the curbside or next to the cartway by 6:00 a.m. on the scheduled day of collection but shall not be so placed prior to 4:00 p.m. on the day before collection, and empty containers shall be removed to the premises from the curbside or cartway by 11:00 p.m. on the day of collection. Containers shall not be kept at the curbside or next to the cartway between scheduled collections, and they shall be stored on the premises at such locations to be unseen from the public streets or roads or from the front yards of immediate neighboring property. The contractor may furnish its own receptacles, not to exceed a capacity of 90 gallons; however, such receptacles shall be considered as the equivalent of three containers for the purposes of the contract.
[Amended 10-7-2008 by Ord. No. 1-2008]
All recyclable materials shall be placed in the receptacle provided by the Borough or in a receptacle approved by the Borough. Such receptacles shall be the property of the Borough and shall not be removed from the property for which they are being used.
The contractor shall collect not more than four containers, secured plastic bags or bundles of the authorized size and weight on each collection day unless the resident has purchased additional tags for additional containers. Tires, removed from the wheels, cannot exceed 32 inches in diameter or a maximum of 12 inches tread width, and shall count as one container. Where the contractor has not made a collection by reason of the failure of the residents of a qualified property to comply with this article, the contractor shall report the matter in writing to the Borough. No limitation shall be placed on the amount of recyclable materials collected.
The contractor shall collect municipal waste and recyclable material on both sides of all public streets, alleys and highways in the Borough which are maintained and adopted by either the Borough or the Commonwealth of Pennsylvania and on all private roads as directed by the Borough. Collection shall be made from the front curbline or, where there is no curb, immediately next to the cartway of the public street or road.
[Amended 10-7-2008 by Ord. No. 1-2008]
The contractor shall collect municipal waste and recyclable material in accordance with the terms of the contract between the contractor and the Borough, but in no event less than one time per week from each collection point. The contractor shall commence the collection of municipal waste and recyclable material not earlier than 6:00 a.m., prevailing time, and shall complete collection no later than 6:00 p.m., prevailing time. No collections shall be scheduled for any Sundays. If the regular collection day shall fall on any of the following holidays, the contractor shall make the collection on the next regular working day after the holiday. The holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Vehicles used in making the collections shall have completely enclosed, watertight metal compaction bodies and shall be able to traverse all public or private roads and streets as directed by the Borough. All such equipment shall be approved by the Pennsylvania Department of Environmental Protection.
Municipal waste containers and recyclable receptacles shall be picked up at the designated collection points and deposited into the collection vehicles. No municipal waste or recyclable materials may be spilled on the roads and streets of the Borough and the contractor must make every effort to prevent scattering of municipal waste and recyclable materials, particularly paper and other light materials by the wind. The contractor must take care not to damage containers belonging to residents or the Borough, and in the event of willful or unnecessary damage to such containers the contractor shall be liable for the same. The contractor shall promptly notify the Borough if any residents or property owners claim damage (to containers) other than reasonable wear and tear.
The contractor shall also collect and dispose of recyclable materials.
All residents of qualified property subject to curbside pickup of refuse and solid waste within the Borough shall prepare all recyclable materials, with the exception of cardboard, for curbside collection as follows:
Glass containers shall have caps and lids removed and thoroughly rinsed free of contaminants.
Metal containers shall be thoroughly rinsed free of contaminants and not flattened.
Newspaper shall be placed in paper bags or tied in bundles not exceeding 50 pounds in weight.
Plastic containers shall be thoroughly rinsed free of contaminants and flattened if possible.
Except for the contractor, it shall be unlawful for any person to remove or dispose of recyclable materials after such materials are set out for collection.
[Amended 4-1-2014 by Ord. No. 2-2014]
The Borough of New Salem reserves the right to enter into a collection contract with a contracting collector for collection of all or part of the municipal waste and recyclable material generated within the Borough of New Salem.
The contracting collector is hereby authorized to charge a fee and shall be required to perform billing for the fee charged for garbage and recycling collection, transportation and disposal services. Billing of the fee charged, levied and assessed shall be in accordance with rate set forth in the contract between the contracting collector and the Borough of New Salem. All fees and charges which remain unpaid after the invoice due date shall be deemed delinquent. The billing of fees and charges shall be sent directly to the property owner or occupant, and the property owner or occupant will be responsible for payment of the fee and charges. The quarterly fee and charges shall be charged for each residential, light commercial, or heavy commercial unit.
This fee will be billed, in advance, monthly, quarterly or semiannually by the contractor as set fort in the contract and will be due and payable 30 days after the invoice billing date. The billing shall be sent no less than 30 days prior to the start of the period that the service will be rendered. If any fees or charges imposed by this section are not paid by the due date, there will be a penalty added of $10 to the outstanding invoice.
If the owner or occupant of a residential, light commercial, or heavy commercial unit shall fail to pay any charges or fees after the invoice becomes delinquent, the Borough or contracting collector is authorized to file a civil lawsuit for the collection of charges, penalties, interest and costs of collection, including reasonable attorney's fees. Upon the filing of a civil lawsuit, an administrative fee of $50 shall be added to all delinquent accounts, which shall be in addition to any costs of suit.
The contractor shall become the owner of the municipal waste at such time as it is collected from each collection point.
The contractor shall dispose of municipal waste and recyclables only at a disposal facility approved or operated by the York County Solid Waste Authority for the type of waste to be disposed. The contractor shall keep accurate weight receipts for all designated recyclable materials and municipal solid waste collected from within the Borough and must provide these totals to the Borough annually or as often as deemed necessary by the Borough. The contractor must make available for inspection by the Borough any records and/or weight receipts pertaining to customers in the Borough. The contractor must permit the Borough to use the information collected pursuant to this section for purposes of applying for and obtaining grants from the commonwealth or any other organization or agency.
The owners or occupants of premises that do not constitute a qualified property as defined in this article shall enter into a contract with a person authorized or licensed by the Commonwealth of Pennsylvania to collect, transport and dispose of municipal waste, which contract shall provide for the collection and transportation of municipal waste and recyclables from the premises and which contract shall provide for the disposal of the municipal waste and recyclables at a disposal facility approved by the York County Solid Waste Authority. A copy of the contract referred to in this section shall be filed with the Borough by the owner or occupant of the premises.
No person who is not the owner or occupier of a qualified property shall dispose of or place for collection any municipal waste or recyclable within the limits of the Borough of New Salem.
No owner or occupant of a qualified property shall dispose of or place for collection any municipal waste or recyclable not generated by the owner of occupier of the qualified property.
The contractor shall comply with all statutes and laws of the Commonwealth of Pennsylvania and all ordinances of the Borough of New Salem in any manner relating to the collection, transportation, disposal, and billing and collection of municipal waste.
Any person who shall violate any provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1,000, or, in default of payment of such fine, to suffer imprisonment for not more than 90 days. Each day's continued violation of this article shall constitute a separate offense.
In any case where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the residents of the Borough shall prevail. In any case where a provision of this article is found to be in conflict with the provisions of any ordinance or code in the Borough existing on the effective date of this article which establishes a lower standard for the promotion and protection of the health and safety of the residents of the Borough, the provisions of this article shall be deemed to prevail, and such other ordinances and codes are hereby declared to be repealed to the extent that they may be found in conflict with this article.