[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.
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]
All empty bottles and jars made of clear, green or brown
glass used for food and beverage only.
All aluminum, steel, tin and bimetallic cans used for food
and beverage only.
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[1] 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.
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.
The main or primary use of property or structures.
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.
[1]
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.
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]
B.
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.
A.
The contractor shall also collect and dispose of recyclable
materials.
B.
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:
(1)
Glass containers shall have caps and lids removed
and thoroughly rinsed free of contaminants.
(2)
Metal containers shall be thoroughly rinsed free of
contaminants and not flattened.
(3)
Newspaper shall be placed in paper bags or tied in
bundles not exceeding 50 pounds in weight.
(4)
Plastic containers shall be thoroughly rinsed free
of contaminants and flattened if possible.
C.
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]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
