[HISTORY: Adopted by the Borough Council of the Borough of Columbia 2-9-2009 by Ord. No. 798. Amendments noted where applicable.]
Junkyards — See Ch. 138.
Any capitalized term, if not defined in this chapter, shall have the meaning as from time to time set forth in the LCSWMA Rules and Regulations which are incorporated into this chapter by reference. In addition, as used in this chapter, the following terms shall have the following meanings:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter amended.
- ACT 97
- The Solid Waste Management Act, Act of July 7, 1980, P.S. 380, No. 97, as now or hereafter amended.
- All food and beverage cans made of the light in weight, ductile and malleable metallic substance or element commonly known as aluminum. This description excludes aluminum foil, trays, plates and miscellaneous aluminum products.
- BATTERY BAGS
- Bags which LCSWMA makes available to generators of municipal waste and which shall be used as disposal containers for batteries which are generated in households.
- BOARD OF HEALTH
- The Borough of Columbia Board of Health.
- CLEAR GLASS
- Clear glass consists only of clear food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
- COLORED GLASS
- Colored glass consists only of green or brown food and beverage containers made of glass, of one gallon or less capacity, and comprised of the hard, brittle and transparent or partially transparent substance produced by fusion of silica and silicates or sand containing soda and lime and/or other chemicals and substances usually included in the manufacture of glass.
- COMMENCEMENT DATE
- The effective date of this chapter.
- Designated recyclable materials:
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals, including but not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- The process by which solid organic waste is biologically decomposed under controlled aerobic or anaerobic conditions to yield a humus-like product.
- CORRUGATED CARDBOARD
- Unbleached, unwaxed kraft paper that is formed into layers with a fluted medium and manufactured into shipping boxes and related products.
- The correct location for the placement of refuse containers and recycling containers for the purpose of collection by the permitted collector, which shall be:
- A person who independently contracts with a permitted collector for the collection of regulated municipal waste and designated recyclable materials.
- DESIGNATED RECYCLABLE MATERIALS
- Those recyclable materials designated in § 181-6 of this chapter for source separation.
- EXISTING CONTRACT
- Any contract for the storage, collection, transportation, processing or disposal of regulated municipal waste or designated recyclable materials generated or located within the municipality which:
- Any specific site designated by LCSWMA (or approved by LCSWMA) as the specific place or site to which solid waste or source-separated recyclable materials, or any portion of solid waste or source-separated recyclable materials, must or may be delivered; or in the absence of a specific site being designated by LCSWMA, any approved site for the delivery of any category of solid waste or source-separated recyclable materials.
- A tract of land containing 10 or more acres which is used for agricultural purposes, which agricultural activities provide the major and primary source of income to the residents of the tract.
- A person who produces or creates any solid waste.
- A. Garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations, and from community activities, or a combination of these factors, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:
- B. The term does not include.
- (1) Coal refuse as defined in the Coal Refuse Disposal Control Act (52 U.S.C.A. §§ 30.51 to 30.62);
- (2) Treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on under and in compliance with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001);
- (3) Solid or dissolved material in domestic sewage;
- (4) Solid dissolved materials in irrigation return flows;
- (5) Industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1342); or
- (6) Source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011 to 2394).
- HIGH-GRADE OFFICE PAPER
- Desktop-generated white paper limited to ledger, copy paper, and computer printout (CPO).
- HOUSEHOLD HAZARDOUS WASTE
- A portion of municipal waste that would be considered hazardous under Act 97 but for the fact that it is produced in quantities smaller than those regulated as Hazardous Waste under Act 97 and is generated by persons not otherwise covered as hazardous waste generators by Act 97. "Household hazardous waste" includes the following materials and other materials of a similar nature:
- A. Antifreeze;
- B. Batteries;
- C. Chlorinated hydrocarbons;
- D. Fluorescent light bulbs and other mercury-containing devices;
- E. Gasoline and kerosene;
- F. Grease and rust solvents;
- G. Oven, toilet and drain cleaners;
- H. Paints, rust preventatives, stains and wood preservatives;
- I. Pesticides, fungicides, herbicides, insecticides, rodenticides, roach and ant killers;
- J. Photographic and pool chemicals;
- K. Thinners, solvents and furniture strippers;
- L. Transmission and brake fluids;
- M. Used oil or other hydrocarbon based lubricants; and
- N. Wood, metal, rug and upholstery cleaners and polishes.
- The Lancaster County Solid Waste Management Authority, a municipal authority organized and existing under the Municipality Authorities Act, as amended.
- LCSWMA FACILITY
- Any facility owned or operated by or on behalf of LCSWMA.
- A form supplied by LCSWMA to be completed and signed by each person who collects solid waste or source-separated recyclable materials and which specifies, inter alia:
- MULTIFAMILY UNIT
- A property which contains four or more residential units, including without limitation, apartment complexes, condominium complexes, retirement homes and mobile home parks, excluding farms.
- The Borough of Columbia, Lancaster County, Pennsylvania.
- MUNICIPALITY'S POLICIES AND PROCEDURES
- The rules and regulations adopted and revised from time to time by resolution of the Borough Council of the municipality which govern and pertain to:
- Paper which has been used for the production of daily, weekend and special edition publications commonly known as newspapers.
- NONRESIDENTIAL UNITS
- All commercial, municipal and institutional establishments, all community activities and all farms, excluding residential units and multifamily units.
- OPEN BURNING
- A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
- PERMITTED COLLECTOR
- A person who is in possession of all pertinent permits and licenses which may be required by:
- Any individual, firm, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, governmental entity or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- Recyclable plastics are identified on the bottom of the container and consist of two types of containers, namely: #1 PETE (such as soda bottles) and #2 HDPE (such as milk, spring water, and detergent bottles).
- RECYCLABLE MATERIALS
- Any material which would be regulated municipal waste but for source separation and which will be processed into raw materials or products or which are beneficially reused.
- The separation, collection, recovery and sale or reuse of metals, glass, paper, yard waste, plastics and other materials which would otherwise be disposed of or processed as solid waste or the mechanized separation and treatment of solid waste and creation and recovery of reusable materials.
- RECYCLING CONTAINER
- For residential units, the term "recycling container" shall refer to the container supplied by the municipality. For multifamily units and nonresidential units, the term "recycling container" shall refer to a receptacle which is constructed of plastic, metal or fiberglass and has adequate strength for lifting.
- REFUSE CONTAINER
- A container which is constructed of plastic, metal or fiberglass,
and which has handles of adequate strength for lifting and a tight-fitting
lid capable of preventing entrance into the container by vectors.[Amended 5-14-2018 by Ord. No. 898]
- REGULATED MUNICIPAL WASTE
- Any solid waste generated or collected within the municipality which is garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous materials, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of "residual waste" or "hazardous waste" from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include designated recyclable materials or unacceptable waste.
- RESIDENTIAL UNIT
- Any single-family detached, semidetached or townhouse dwelling, or a dwelling unit within a building containing three or fewer dwelling units, excluding farms.
- RESIDUAL WASTE
- 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 does not include:
- SINGLE STREAM
- A system where recyclable materials; commonly fibers and glass, metal and plastic containers; are collected and processed together.
- SOLID WASTE or WASTE
- Any waste, including but not limited to municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
- SOURCE SEPARATE or SOURCE SEPARATION
- The process of separating, or the separation of, designated recyclable materials from other solid waste at the location where generated for the purpose of recycling.
- STEEL CANS
- The ferrous metal food or beverage containers commonly known as "tin cans."
- Any pneumatic rubber automobile, truck, or farm implement tire.
- UNACCEPTABLE WASTE
- The following types of solid waste are unacceptable waste unless approved by LCSWMA on a case-by-case basis:
- A. Chemotherapeutic waste;
- B. Drums, barrels, buckets and paint cans unless lids have been removed and interiors are cleaned and free of any residue;
- C. Explosives and ordnance materials;
- D. Gas cylinders, unless empty and delivered separate from other solid waste;
- E. Hazardous waste;
- F. Infectious/pathological waste; and
- G. Radioactive materials.
- WHITE GOODS
- A portion of regulated municipal waste consisting of large appliances, including the following: clothes washers, clothes dryers, dishwashers, freezers, refrigerators, stoves, ovens, hot water heaters, air conditioners, dehumidifiers, furnaces and electrical heaters.
- YARD WASTE
- All garden residues, leaves, shrubbery, tree trimmings, grass clippings, and sod.
All persons within the municipality shall source-separate designated recyclable materials generated by such person or generated within a residential unit, multifamily unit or nonresidential unit occupied by such person.
Each person who owns or occupies a residential unit, multifamily unit or nonresidential unit within the municipality shall ensure that regulated municipal waste and designated recyclable materials generated at such residential unit, multifamily unit or nonresidential unit are collected and disposed of in accordance with this chapter, the municipality's policies and procedures, and the LCSWMA Rules and Regulations.
Each person who owns or occupies a residential unit shall provide proper collection and disposal of regulated municipal waste and designated recyclable materials generated at such residential units by either:
Each person who owns or occupies a nonresidential unit or multifamily unit shall provide proper collection and disposal of regulated municipal waste and designated recyclable materials by either:
Each person who owns a multifamily unit or nonresidential unit shall:
Provide recycling containers at easily accessible locations for source-separation of designated recyclable materials;
Provide written instructions to all persons occupying each multifamily unit and nonresidential unit to ensure that all designated recyclable materials are source-separated; and
Provide collection and delivery to a facility of source-separated designated recyclable materials at a frequency of not less than once per month.
Each person who owns or occupies a residential unit shall source-separate the following recyclable materials: clear glass, colored glass, aluminum, steel cans, plastic, newsprint, yard waste, tires, and white goods.
Each person who owns or occupies a multifamily unit shall source-separate the following recyclable materials: clear glass, colored glass, aluminum, steel cans, plastic, yard waste, tires, and white goods.
Each person who owns or occupies a nonresidential unit shall source-separate the following recyclable materials: clear glass, colored glass, aluminum, steel, plastic, yard waste, high grade office paper, corrugated cardboard, tires, and white goods.
No person other than a permitted collector shall collect on-site regulated municipal waste or designated recyclable materials generated in any residential unit, except that a person may deliver to a facility such waste or designated recyclable materials which was generated at such person's residence.
Each permitted collector who provides regularly scheduled service for the collection of regulated municipal waste from a residential unit shall also collect designated recyclable materials from such residential unit. Each permitted collector shall establish, and notify each customer, of procedures for the source-separation, segregation and packaging of regulated municipal waste and designated recyclable materials. Such procedures shall permit commingling of all aluminum, clear glass, colored glass, steel cans, and plastics, in a single recycling container. Newsprint shall either be bagged or bundled in accordance with instructions from the permitted collector to the customer. Each permitted collector shall schedule collections for tires, white goods, and yard waste at least once annually and shall give customers at least thirty-day advance notice of the schedule for such collections.
Each permitted collector shall complete monthly LCSWMA manifests, as required, reporting the amount of regulated municipal waste and designated recyclable materials collected in the municipality. Each permitted collector shall submit copies of LCSWMA manifests to the municipality, upon request.
The schedule for collection of regulated municipal waste and designated recyclable materials shall be as specified in the municipality's policies and procedures.
Recycling containers for residential units will be provided by the municipality which shall retain title to all such recycling containers. Permitted collectors shall distribute recycling containers to all of their residential unit customers in accordance with guidelines to be established by the municipality.
Nonresidential and multifamily units.
No person other than a permitted collector shall collect on-site regulated municipal waste or designated recyclable materials generated in any nonresidential or multifamily unit.
Each permitted collector that collects on-site designated recyclable materials generated in any nonresidential or multifamily unit shall complete monthly LCSWMA manifests, as required, reporting the amount of regulated municipal waste and designated recyclable materials collected in the municipality.
All regulated municipal waste and designated recyclable materials generated or collected in the municipality shall be delivered directly to a facility in accordance with the LCSWMA Rules and Regulations and without any intervening transfer, unloading, processing, sorting, salvaging, scavenging, or reuse of any portion of any load of such regulated municipal waste and designated recyclable materials from the time of its collection until the time of its delivery to the facility.
No permitted collector who collects or disposes of regulated municipal waste or designated recyclable materials shall, by contract or otherwise, cause, permit or assist in the storage, collection, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste or which is otherwise inconsistent with source separation or recycling. Any delivery of designated recyclable materials to a LCSWMA facility in accordance with the LCSWMA Rules and Regulations shall be deemed to satisfy the requirements of this § 181-7C(2).
Each permitted collector shall give written notice to each customer of such permitted collector's obligations under this chapter and particularly the requirement to offer collection services for designated recyclable materials.
Each permitted collector shall collect and deliver, separately to a LCSWMA facility battery dropoff location, all battery bags placed at curbside by residential units.
[Added 9-12-2016 by Ord. No. 870]
All regulated municipal waste and designated recyclable materials should be prepared for collection and transportation to a facility as follows:
All regulated municipal waste, before being placed in refuse containers for collection, shall have drained from it all free liquids and shall be sealed in plastic bags.
All tree trimmings, hedge clippings and other similar yard waste shall be cut in lengths not exceeding six feet and shall be securely tied in bundles before being deposited at curbside for collection in accordance with the Borough's Policies and Procedures. Christmas trees shall be cut in lengths not exceeding six feet before being deposited at curbside for collection in accordance with the Borough's Policies and Procedures or taken to a designated Christmas tree dropoff point as designated by the Borough.
All other yard waste shall be sealed in Kraft bags and placed at curbside for collection in accordance with the Borough's Policies and Procedures.
Newsprint shall either be bagged or bundled in accordance with instructions from the licensed hauler to the customer.
All designated recyclable materials shall be cleaned free of debris prior to source separating.
All designated recyclable materials shall be clean with contents removed and with caps removed before being placed in recycling containers for collection.
Except when placed for collection in accordance with the provisions of this chapter, all recycling containers and refuse containers shall be securely stored out of the public view (not in front of a unit or in any public alleyway). All refuse containers shall be of galvanized or aluminized iron, plastic material or equivalent, shall be of substantial construction, shall have suitable handles by which they may be lifted, shall not leak, and shall have tight-fitting covers sufficient to keep out water and to prevent disturbances by animals and entrance of insects which shall be kept on such containers at all times except for when being filled, emptied or cleaned. All such containers shall be kept in a sanitary and good condition and shall be cleaned after being emptied or as needed to maintain the same sanitary condition.
On-site collection of regulated municipal waste and designated recyclable material. For special events which produce large amounts of garbage and refuse and require significant garbage and refuse removal, event coordinators may obtain from the Borough's Code Enforcement Officer written authorization to collect regulated municipal waste and designated recyclable materials for such events outside and/or beyond their regulated hours of collection. The permitted collector shall, however, make request to the Code Enforcement Officer at least two business days prior to the planned event and, where possible, with even further advance notice so as to give the Code Enforcement Officer of the Borough adequate time to consult with the Columbia Borough Board of Health and Columbia Borough Police Department. In the instance a written waiver is received from the Code Enforcement Officer, the permitted collector shall keep it with him/her when performing collection services in accordance with the waiver.
[Added 9-12-2016 by Ord. No. 870]
All persons who desire to collect on-site, store, process or dispose of regulated municipal waste or designated recyclable materials within the municipality shall obtain a collection permit from the municipality prior to performance of any such activities.
Every person desiring a collection permit under this chapter shall make application to the municipality. Such application shall include the name and address of the person making application, proof of a valid license issued by LCSWMA and the Commonwealth of Pennsylvania, identification of other municipalities which have permitted that person, and whether any licenses have been revoked by LCSWMA or any other municipality which requires permitting of haulers. (The municipality may establish an annual collection permit fee set by ordinance or resolution.)
Applicants for a collection permit to operate as a permitted collector within the municipality shall demonstrate that:
A valid license has been issued by LCSWMA to the applicant.
Applicant's operation is in conformity in all respects with the rules and regulations of the Pennsylvania Department of Environmental Protection (PADEP), LCSWMA, and all municipality ordinances and the municipality policies and procedures.
Regulated municipal waste and designated recyclable materials shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors, or the creation of other nuisances.
All disposal of regulated municipal waste other than designated recyclable materials shall be at a facility.
All designated recyclable materials shall be recycled and shall not be disposed of as regulated municipal waste.
Insurance shall be obtained for the applicant's proposed operation in the municipality. A certificate of insurance demonstrating limits as follows:
All equipment to be used have been properly licensed and inspected, and all operators have valid operator's licenses for the class of vehicle operated.
All municipality collection permits shall be issued for a period of one year or longer. (There will be no proration of collection permit fees in the event a permit is held for less then a full year.) The municipality's policies and procedures may designate a sticker or other mechanism to be affixed to all collection equipment in order to verify that the equipment is properly permitted.
Collection permits may be suspended or revoked by the municipality at any time for just cause. Just cause shall include, but not be limited to, where the permitted collector:
Fails to maintain a valid license issued by LCSWMA;
Violates any of the provisions of this chapter or the municipality's policies and procedures;
Improperly disposes of designated recyclable materials or regulated municipal waste;
Fails to perform in good faith all the covenants of any agreement entered into with municipality customers or other customers.
Any person who has been denied a collection permit or whose collection permit has been suspended or revoked may appeal the denial, suspension or revocation to the municipality. Such appeal shall be made in writing within 10 days after such decision has been made and shall be heard by the Board of Health. The appeal shall be verified by an affidavit and shall be filed with the Borough Secretary. The appellant or his representative shall have the right to appear and be heard by the Board of Health, if such right is requested in the written appeal. The appeal shall be accompanied by the appeal fee established by resolution or ordinance of the municipality (which fee may be changed from time to time by resolution of Borough Council of the municipality), and no appeal shall be considered complete without the payment of the appeal fee. The Board of Health shall have the power to subpoena witnesses and documents required, to administer oaths, and to examine witnesses. Testimony before the Board of Health shall be stenographically recorded. The Board of Health shall not, however, be bound by technical rules of evidence at hearings and may receive any and all relevant evidence which, it, in its sole discretion, ascertains to be of reasonably probative value. A prompt decision on such appeal shall be made by the Board of Health.
Collection permits are not transferable to any other person.
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or § 181-5, yard waste may be composted to the extent and in the manner provided in the municipality's policies and procedures on the property on which such yard waste was generated.
No person shall process or dispose of any designated recyclable materials through open burning.
From the time of placement for collection of any designated recyclable materials, all such designated recyclable materials shall be the property of the generator or the permitted collector who has contracted to provide on-site collection. It shall be a violation of this chapter for any person, other than such permitted collector, to collect or pick up, or cause to be collected or picked up, any such designated recyclable materials.
Nothing in this chapter shall be construed to impair the obligations of any existing contract.
No renewal or modification of any existing contract, and no new contract for the storage, on-site collection, processing or disposal of regulated municipal waste or designated recyclable materials, shall be entered into after the effective date of this chapter unless such renewal or modification or new contract shall conform to the requirements of this chapter and the municipality's policies and procedures.
No contract which is entered into, renewed, extended, modified or assigned after the effective date of this section shall provide for on-site collection services for regulated municipal waste to be performed after the commencement date unless on-site collection services are also offered for designated recyclable materials. With respect to any contract which violates this chapter, such contract shall be deemed void and the permitted collector that is a party to such contract:
The municipality shall have the power to issue the municipality's policies and procedures governing all matters set forth in this chapter and any other related matters deemed necessary or convenient by the municipality. The municipality's policies and procedures shall be effective when adopted by resolution of Borough Council of the municipality. The municipality shall have the power to establish record and reporting requirements, and standards and procedures for the issuance, administration and revocation of permits, as deemed necessary, including without limitation, application procedures, fees, standards and conditions for permits; the fixing of a monetary bond, with or without surety, to secure the compliance by any Permitted Collector with any such requirements, standards or procedures; and any other matters deemed necessary or convenient by the municipality. In the event of suspension or revocation of any permit which is issued by the municipality and/or license issued by LCSWMA, the person whose permit or license is suspended or revoked shall refund to each customer any prepaid fees.
[Amended 9-12-2016 by Ord. No. 870]
The following activities are prohibited:
Disposing of refuse, litter, residual waste, regulated municipal waste, recyclable materials or solid waste in any way contrary to the provisions of this chapter. This prohibition shall not apply to the following situations:
Refuse disposed of on premises owned or leased by the generator of the refuse, provided that it is disposed of in a safe, sanitary and nuisance-free manner and provided that it is disposed of in compliance with all applicable laws, rules, regulations and ordinances.
Manure, fertilizer and refuse used as fertilizer in gardening or farming.
Dead household pets interred in places set apart for that purpose.
Soil, earth, sand, clay, gravel, loam, ashes, slate, stones, bricks, plaster, cement, leaves, branches, trees, sawdust, chips, shavings, wood, grass, straw and corn fodder when used as filler, provided that it is done in a safe and sanitary manner.
Allowing a hauler without a license (a nonlicensed hauler) to collect or remove regulated municipal waste or designated recyclable materials from a residential unit, multifamily dwelling unit or nonresidential unit.
Permitting the accumulation of residue of liquids, solids or a combination thereof on the bottom or sides of refuse containers or recycling containers.
Violating the provisions hereof regarding the storage of regulated municipal waste and recyclable materials.
Failing to source separate designated recyclable materials.
Failing to comply with the provisions hereof regarding the placing of refuse containers and recycling containers for collection.
Failing to comply with the provisions hereof regarding the preconditioning or cleansing of designated recyclable materials and regulated municipal waste.
Collecting, transporting or conveying regulated municipal waste and designated recyclable materials in nonconforming vehicles.
Violating any other provision of this chapter.
Any person violating any provision of this chapter, shall, upon conviction thereof in a summary proceeding, be sentenced for each violation to pay a fine of not more than $600 and costs of prosecution and, in default of the payment of such fine and costs, to undergo imprisonment for not more than 10 days. Each violation of any provision of this chapter, and each day that such a violation shall exist, shall constitute a separate violation and offense.
For purposes of the obligations established by this chapter or the municipality's policies and procedures, and for purposes of any fine, penalty, imprisonment, or other sanctions, the term "person" shall include officers, directors, partners and members of any corporation, partnership, limited-liability company or other legal entity having the same, and refer to and impose joint and several liability upon both the person residing in or occupying the residential unit or multifamily unit and the owner, landlord, condominium owners' association and/or agent of an owner, landlord or condominium owners' association of such premises. Notwithstanding the foregoing, the owner of a premises may not assign or delegate any duties imposed upon such owner by this chapter or the municipality's policies and procedures to any tenant or occupant of the premises.
Any licensed hauler who violates any provision of this chapter may have its license suspended or revoked by the Board, in the Board's sole discretion.
[Added 9-12-2016 by Ord. No. 870]
For purposes of the obligations established by this chapter or the municipality's policies and procedures, and for purposes of any fine, penalty, imprisonment or other sanction, the terms "person," "residential unit," "multifamily unit" and "nonresidential unit" shall:
Include officers and directors of any corporation or other legal entity having officers and directors; and
Refer to, and impose joint and several liability upon, both:
In addition to any other remedy provided in this chapter, the municipality may institute proceedings to restrain any violation of, or to require compliance with, this chapter.
The existence or exercise of any remedy provided by this chapter shall not prevent the municipality from exercising any other remedy available at law or equity.
Any other ordinances which pertain to regulated municipal waste or designated recyclable materials, are hereby repealed to the extent of any inconsistency with this chapter.
[Added 9-12-2016 by Ord. No. 870]
Any person affected by any notice (including notices of denial of application for or revocation of a permit or license) issued by the Code Enforcement Officer in connection with the enforcement or operation of any provision hereof or any of the Borough's Policies and Procedures shall have the right to request a hearing on the matter before the Board of Health; provided that such person shall file, in the office of the Borough Manager of the Borough, a written petition requesting such hearing containing a statement of the factual grounds thereafter and a statement of any legal grounds therefor within 20 days after the notice was served upon such person. For purposes hereof, service shall mean the date personally served or placed into the United States Mail, postage prepaid, by the Code Enforcement Officer. If any licensed hauler appeals the revocation, suspension or refusal by the Borough to issue a license, such appeal shall be accompanied by an appeal fee to be established from time to time by resolution of Council.
The Board shall set a time and place for the hearing and shall give the Borough and the person filing the petition advance notice of the time and place for such hearing. At such hearing, the petitioner shall have the right and opportunity to be heard, to present evidence and to show cause why such notice should be modified or withdraw.
The Board shall have the power to subpoena witnesses and documents required for the hearing, to administer oaths and to examine witnesses. Testimony shall be stenographically recorded by the Board. The Board shall not be bound by technical rules of evidence at hearings and the Board may receive any and all relevant evidence which it, in its sole discretion, ascertains to be of reasonably probative value.
Within 60 days after such hearing, the Board shall issue a written decision sustaining, modifying or withdrawing the notice. After a hearing, in the case of any notice suspending or revoking any license or permit required and issued pursuant to this chapter or the Borough's Policies and Procedures, if such notice has been sustained by the Board, any such license or permit which has been suspended or revoked by a notice shall be deemed to be automatically revoked or suspended in accordance with the terms of the notice, if no petition for hearing is filed in the office of the Borough Manager within 20 days after such notice is served.
The proceedings of such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered into the records of the Board.
Any person aggrieved by a decision of the Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Pennsylvania.
[Added 9-12-2016 by Ord. No. 870]
No person shall throw, place, deposit or cause or permit the dumping, depositing, placing, throwing or leaving of litter or other refuse on any sidewalk, street, alley or other public place, or upon any private property, except in proper receptacles for collection.
No person may throw, place, deposit or cause or permit the dropping, depositing, placing, throwing or leaving of regulated municipal waste originating from a residential unit, multifamily dwelling unit or nonresidential unit which is of a type which can and should be handled for collection and transportation in accordance with the other provisions of Article III of this chapter in public trash receptacles or containers.
No person shall deposit refuse in any stream or body of water.
No person shall deposit, throw or place refuse on the property of another without the consent of the owner.
No person, except the occupants of the property on which a refuse container is placed and a licensed hauler, shall remove the lids on or from such refuse containers, except for the loading and unloading of refuse, or remove the contents thereof.
Persons owning, renting and/or occupying property in the Borough shall keep the sidewalks in the front, rear and side(s) of their premises broom clean and free of litter and refuse. No person shall sweep or deposit litter or refuse into any gutter, street, alley or public place within the Borough from any building, property, or public or private sidewalk or driveway.
Persons owning, occupying or operating places of business within the Borough shall keep the sidewalks and the front, rear and side(s) of their business broom clean and free of litter or refuse. No such person shall sweep or deposit such litter or refuse into any gutter, street, alley or public place within the Borough.
No empty boxes, barrels, appliances, furniture, household fixtures, commercial fixtures or any other refuse of any kind shall be left upon any pavement, sidewalk, street or alley within the Borough except in accordance the provisions of this chapter.
Compost piles not located within the front or side yard of any lot shall be permitted on such premises so long as such compost pile does not create a health hazard or nuisance.
The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the direction and supervision of the Code Enforcement Officer in accordance with all applicable laws and rules and regulations, including those which may be adopted from time to time by the Borough or the Board of Health.
Hazardous waste shall not be placed in any refuse containers for collection and shall be collected and disposed of under the direction and supervision of the Code Enforcement Officer in accordance with all applicable laws and rules and regulations, including those which may be adopted from time to time by the Borough or the Board of Health.
No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing, yard waste may be composted in compost piles, as set forth herein, on the property on which the yard waste was generated.
From the time of placement for collection of any designated recyclable materials, all such designated recyclable materials shall be the property of the generator of the same or the licensed hauler who has contracted to provide collection. It shall be a violation of this chapter for any person, other than such generator, or licensed hauler, to collect or pick up, or cause to be collected or picked up, any such designated recyclable materials.
Construction and demolition waste may be stored upon the land where actual construction or demolition is in progress; provided, however, that such construction waste shall not be stored for a period exceeding 30 days and shall not be stored in any manner which will allow it to be scattered by wind or rain. All such construction and demolition waste shall be removed by and at the expense of the owner of the premises upon which such waste was produced and shall be disposed in accordance with the provisions hereof, the Borough's Policies and Procedures LCSWMA's Policies and Procedures and the applicable laws, rules and regulations.
It is mandatory that ashes be thoroughly extinguished before being comingled with any other regulated municipal waste and before being placed for collection.
No person shall permit any refuse to accumulate within the building or structure or anywhere on the property for a period of longer than seven days, except as otherwise permitted by this chapter, upon property in the Borough. The provisions of this section are not, however applicable to farms.
[Added 9-12-2016 by Ord. No. 870]
Any person or nonlicensed hauler who wishes to place, leave, deposit or otherwise rent to consumers roll-off containers shall submit an application to the Borough for a permit to do the same. With such application, which shall be on the forms supplied by the Borough, the applicant shall pay an annual application fee of $50.
No roll-off containers shall be placed in or on the Borough streets, highways, roads or public alleys or on any Borough property without Borough approval and without conforming to all other laws, regulations, and ordinances of the Borough including the Code of the Borough of Columbia, Pennsylvania as amended from time to time.
Roll-off containers shall conform to all the requirements for non-polyethylene-bag refuse containers except size.
Roll-off containers shall not be filled so that they cannot be properly covered.
It shall be the responsibility of the property owner to keep the area around the roll-off containers clean and sanitary.
The accumulation of residue of liquids, solids or a combination thereof shall not be permitted in the bottom or sides of roll-off containers.
Roll-off containers shall be emptied no less frequently than every 30 days.