[HISTORY: Adopted by the Council of the City of Easton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 935 of the 1965 Codified Ordinances; amended in its entirety 3-28-2012 by Ord. No. 5350]
Recycling conserves valuable material resources and energy, promotes greater efficiency in the regional economy and provides local employment.
Recycling will reduce the overall amount of solid waste presently generated and thus reduce storage, collection, transportation and disposal costs.
To establish a program for the mandatory source separation and separate collection of designated recyclable materials and yard waste from residences and commercial, institutional and educational properties located within the City of Easton for recycling and composting purposes; to prohibit the disposal of designated recyclable materials into the conventional municipal waste disposal system; to empower the City of Easton to promulgate and adopt reasonable rules and regulations therefor; and to fix penalties for violation of this article.
[Added 10-24-2012 by Ord. No. 5377; amended 5-22-2013 by Ord. No. 5409]
For the purpose of this article, the following list of defined items shall be included as recyclables for the mandatory separating of recyclables from garbage and rubbish in the City. The following words and phrases shall have the meanings respectively ascribed to them by this section:
- AEROSOL CANS
- Any containers dispensing an aerosol spray.
- All aluminum containers and other aluminum products.
- Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, financial or professional service or office enterprise,
business or establishments, or residential multifamily dwelling with
seven or more units; includes community activites.[Added 10-24-2012 by Ord. No. 5377; amended 5-22-2013 by Ord. No. 5409]
- COMMUNITY ACTIVITY
- A publicly or privately sponsored special event, which may
include, but not be limited to, fairs, festivals and concerts with
an expected attendance of 200 or more persons.[Added 10-24-2012 by Ord. No. 5377; amended 5-22-2013 by Ord. No. 5409]
- CORRUGATED CARDBOARD
- Any corrugated paper product, such as a cardboard box (no food-contaminated items, i.e., pizza boxes, or boxes with waxy coating, i.e., frozen food boxes).
- GLASS CONTAINERS
- All containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "glass"; excluding, however, blue glass, flat glass, plate glass and glass commonly known as "windowpane glass."
- Of, or pertaining to, any establishment engaged in service
to persons, including, but not limited to, hospitals, nursing homes,
schools, universities, churches and social or fraternal societies
and organizations.[Added 10-24-2012 by Ord. No. 5377]
- LEAF WASTE
- Leaves from trees and other large plants and shrubs but not
including grass clippings.[Added 10-24-2012 by Ord. No. 5377]
- MIXED PAPER
- Magazines, colored newspaper or coupon inserts, office paper, junk mail, phone books, colored paper, and envelopes with or without plastic windows.
- MULTIFAMILY DWELLING
- A type of residential property, either under single ownership
or organized as a condominium or cooperative form of housing, which
contains more than one unit on a single lot.[Added 10-24-2012 by Ord. No. 5377]
- MUNICIPAL ESTABLISHMENTS
- Of, or pertaining to, any office or other property under
the control of the City of Easton.[Added 10-24-2012 by Ord. No. 5377]
- 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.
The term does not include source-separated recyclable materials.[Added 10-24-2012 by Ord. No. 5377]
- Includes paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed therein news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals as well as other paper products of any nature are not considered newspaper.
- Any food or beverage container constructed of plastic marked as No. 1 (PETE), No. 2 (HDPE), No. 3 (PVC), No. 4 (LDPE), No. 5 (PP), No. 6 (PS), and No. 7 (other).
- Material having an economic value in the secondary materials market. The following materials have such economic value: aluminum cans and articles, tin cans, clear glass containers and newspaper. In addition, yard waste will be considered as recyclable.
- SINGLE-STREAM (ALSO KNOWN AS "FULLY COMMINGLED" OR "SINGLE-SORT") RECYCLING
- Refers to a system in which all paper fibers, plastics, metals, tin, and other materials are mixed in a recycling container instead of being sorted into separate commodities (newspaper, paperboard, corrugated fiberboard, plastic, glass, etc.) by the resident.
- YARD WASTE
- Shall include leaf waste, plant materials (leaves, branches,
brush, flowers, roots, etc.), and debris commonly thrown away in the
course of maintaining yards and gardens. Yard waste shall not include
loose soils; sod; food waste, including food waste from gardens or
orchards; food compost; plastics and synthetic fibers; lumber; tree
stumps; any wood or tree limbs over four inches in diameter; human
or animal excrement; noxious weeds; and soil contaminated with hazardous
substances.[Amended 5-22-2013 by Ord. No. 5409]
[Amended 10-24-2012 by Ord. No. 5377]
Persons living in single-family homes, multifamily housing and other residential establishments not otherwise classified by this article must separate recyclables from their municipal waste and recycle such materials. The materials to be recycled under Pennsylvania Act 101 may include: clear glass, colored glass, aluminum, tin, steel and bimetallic cans, high-grade office paper, mixed paper, newsprint, corrugated paper and plastic food and beverage containers. These persons shall also be required to separate yard waste until collection, unless these persons have provided for the composting or other use of yard waste. The frequency of collection of these recyclables and yard waste will be specified by the regulations to this article. The materials must be separated by persons until they are collected, taken to a dropoff center or otherwise distributed for recycling.
[Amended 5-22-2013 by Ord. No. 5409]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Responsibilities of owner or landlord.
The owner, landlord or agent of an owner or landlord of any single-family or multifamily residential housing properties shall establish a collection system for recyclable materials at each property. The materials to be recycled shall include: clear glass, colored glass, aluminum, tin, steel and bimetallic cans, high-grade office paper, mixed paper, newsprint, corrugated paper and plastic food and beverage containers. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. The owner, landlord or agent of an owner or landlord of any single-family or multifamily residential housing properties must also make arrangements for the materials to be collected or transported for recycling.
The owner, landlord or agent of an owner or landlord of any single-family or multifamily residential housing properties must also arrange for the separation of yard waste generated on the grounds of the multifamily rental housing properties for composting or other use.
[Amended 5-22-2013 by Ord. No. 5409]
The owner, landlord or agent of an owner or landlord of any single-family or multifamily residential housing properties shall annually provide written documentation to the municipality's recycling coordinator of the total number of tons recycled.
Commercial, municipal or institutional establishments.
Commercial, municipal and institutional establishments and community activities shall recycle clear glass, colored glass, aluminum, tin, steel and bimetallic cans, high-grade office paper, mixed paper, newsprint, corrugated paper and plastic food and beverage containers. Yard waste shall be separated and used in any way permitted by Pennsylvania Act 101. Yard waste is not to be included with municipal waste. Commercial and institutional establishments shall provide annually written documentation to the municipality's recycling coordinator of the total number of tons recycled.
[Amended 5-22-2013 by Ord. No. 5409]
Editor's Note: See 53 P.S. § 4000.101 et seq.
Schools, colleges, universities and other educational institutions shall comply with the City of Easton's guidelines for institutional establishments. The following exceptions shall apply.
Those establishments subject to the provisions of § 4000.1509 of Act 101 shall be exempt from the provisions of the City of Easton's Recycling Ordinance after they have received DEP guidelines distributed by the State Board of Education.
Educational institutions which are commonwealth agencies shall follow the guidelines for commonwealth agencies as specified in Act 101.
Community activities. The organizers of special events with 200 or more attendees sponsored in whole or in part by the City of Easton, which include, but are not limited to, festivals, fairs or concerts, shall be required to recycle at their event.
Clear, brown and green glass, aluminum and tin cans, newspapers, plastic food and beverage containers marked No. 1 thru No. 7 (per above description), magazines and colored newspaper inserts, cardboard, and office paper products may now be combined in a single blue recycling container as single-stream recycling. All single-family dwelling units and hotels, restaurants, commercial establishments, and other businesses and institutions, and apartment houses consisting of seven or more units or those with mixed commercial and residential use shall prepare for collection these materials in the following manner:
Clear, brown and green glass, aluminum and tin cans, and plastic containers No. 1 through No. 7 (per above description) shall be empty and cleaned.
Newspaper and magazines, if placed out separately, may be bundled and tied with string both across and lengthwise in bundles no larger than 12 inches in height. These materials may also be placed in paper bags and kept dry.
Yard waste shall be stored separately and, if bagged, should be placed in clear bags.
Corrugated cardboard, if placed out separately, should be flattened and bound together neatly with string in easily managed bundles no larger than three feet by three feet by three feet.
From the time of placement of recyclables at the curb, items shall be and become the property of the City or its authorized agent. It shall be a violation of this article for any person unauthorized by the City to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
It shall be unlawful for a person to collect, remove or dispose of solid waste which contains recyclables combined with other forms of solid waste.
The Mayor, or his agent, is empowered to designate the day(s) of the month on which recyclables shall be collected, removed and disposed of from a particular area.
The separation, placement, collection and disposal of recyclables in the City shall be under the supervision of the Director of Public Works. The Director shall have the authority to make and enforce regulations concerning days of collection, type of recyclables accepted, procedures for disposing of recyclables and such other matters pertaining to the separation, placement, collection and disposal of recyclables as he or she may deem advisable, and to change and modify the same after notice as required by law, provided that such regulations do not conflict in substance with the provisions hereof.
Whoever violates any provisions of this article shall receive a written warning from the City authorities. The person or persons shall be given until the next regularly scheduled recycling pickup to comply with the provision(s) of the article. If after such notice a second violation of the same provision of the article occurs, a person or persons shall, upon conviction by a Magisterial District Judge, be sentenced to pay a fine of $100 and court costs. Persons convicted by a Magisterial District Judge for a third or subsequent violation of the same provision of the article shall be sentenced to pay a fine of $300 and court costs or to imprisonment for 90 days, or both.
Each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.
[Adopted 8-9-2006 by Ord. No. 4844 (Art. 931 of the 1965 Codified Ordinances); amended in its entirety 3-28-2012 by Ord. No. 5350]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
- A person desirous of being authorized as a collector.
- The residue from burning of wood, coal, coke and other combustible materials for the purposes of heating and cooking. It does not include the cinders produced in industrial or manufacturing plants.
- BULK ITEMS
- Refers to single items that are larger than a standard thirty-two-gallon container; limited to one bulk item. Bulk items will include refrigerators, stoves, washing machines, water heaters, furniture, mattresses, rugs and other acceptable bulk refuse and will be collected on regular collection days throughout the year.
- The City of Easton, Northampton County, Pennsylvania.
- A person authorized by the City of Easton to collect, transport and dispose of municipal waste.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in a nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
- The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the waste or a constituent of the waste enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.
- DISPOSAL SITE
- Any site, facility, location, area or premises to be used for the disposal of municipal wastes.
- All animal and vegetable wastes attending or resulting from the handling, dealing, storing, preparation, cooking and consumption of foods. This does not contain more than a minimum amount of free liquids.
- GARBAGE BAG
- Refers to a minimum size thirty-gallon black garbage bag of sufficient ply to resist tearing.
- ILL-PREPARED GARBAGE
- Any garbage that is placed curbside for pickup that is not completely contained or secured in a proper receptacle or proper garbage bag as defined within this section.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, and the like.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service to persons, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of municipal wastes by any person engaging in such process.
- 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 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. (Pennsylvania Solid Waste Management Act 97, Section 103.)
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties.
- Any technology used for the purpose of reducing the volume or bulk of municipal 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, incinerators, recycling facilities, and resource recovery facilities.
- The collective term applying to all garbage, rubbish, ashes, leaves and grass trimmings from residential, municipal, commercial or institutional premises.
- REFUSE RECEPTACLE
- A container made of metal, plastic or other durable material that is watertight with a tight-fitting cover and with a handle or handles and having a capacity of not more than 45 gallons.
- All waste materials not included in garbage and ashes, such as nonrecyclable plastics, bottles, and other waste materials which result from the ordinary conduct of housekeeping. It does not include refuse from building construction, repairs, reconstruction or dismantling thereof, or street refuse, industrial refuse, dead animals, abandoned heavy or bulky machinery or vehicles or such other waste materials as do not normally emanate from or are not commonly produced in homes, stores and institutions.
- SOLID WASTE
- Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. (Pennsylvania Solid Waste Management Act 97, Section 103.)
- The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such waste, and it shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal.
- The off-site removal of any municipal waste generated or present at any time from the City of Easton.
There is created a Board composed of the Mayor or his designee and any other City employees the Mayor shall appoint, subject to the advice and consent of the City Council, and who shall serve at the pleasure of the Mayor. Such Board shall decide all matters of policy in connection with the carrying out of the intent of this article. The Mayor shall serve as Chairman of the Board, and appropriate records shall be kept. The Board shall meet at the call of the Chairman. All decisions rendered by the Board may be appealed to the Council, whose decision shall be final.
Collection of garbage and refuse; exceptions.
All refuse accumulated in the City shall be collected, conveyed and disposed of by the City at the expense of the property owner, except as set forth hereinafter. The property owner shall abide by all ordinances and rules and regulations of the City for the regulation and control of the garbage collection for such premises. All property owners are subject to all conditions as imposed by the City. All garbage collection accounts shall be issued in the name of all property owners, who shall remain the account holders, responsible for all charges, until the accounts are properly and legally terminated upon notice of transfer or request for termination of services, as may be permitted under the law.
At least seven days prior to the change of ownership of any property with existing refuse service, the existing owner shall notify the City of the date of the impending transfer, the identity of the prospective owners and, if applicable, shall provide a list of all current tenants of the property.
Providing that the existing owner shall give notice as required herein to the City and payment in full of the existing account, the account of the existing owner shall terminate upon transfer of title. Thereafter, the new owner shall be responsible for all charges for refuse services.
Any person who undertakes ownership of a property with existing refuse service shall be subject to termination of services and/or the penalties set forth in § 500-20, Violations and penalties; remedies, and shall be liable for costs of all refuse service to the property, including any outstanding delinquency, penalties and costs.
In addition to any other provisions of this article and any other rule or regulation which may be adopted by the City, no refuse service shall be continued, authorized or approved to a property owner or prospective property owner who is delinquent or has been delinquent in the payment for refuse services to any property served by the City within the last two years from the date of the notice to the City for the transfer of title from the current owner of the property to the prospective purchaser, except upon a submission of a list of all current tenants of the property, if applicable, and upon payment to the Director of Finance of all outstanding accounts and a deposit to secure payment of future service in an amount equal to the average cost of refuse service to the property for 12 months. The average cost of refuse service shall be based upon the actual usage during the previous 12 months or, in the event of a new or changed use, the average shall be based on the standard average cost of service for such proposed use. The deposit shall be held by the Director of Finance in escrow; any interest earned will be credited to the account holder. The deposit account and any accumulated interest shall be paid to the account holder at the time the account is properly and lawfully terminated and all charges to said account have been paid in full, except that the deposit and/or interest may be paid to the account holder prior thereto at the sole discretion and approval of the Director of Finance.
Nothing contained in this article shall limit the City from pursuing any legal or other remedy.
An account for the payment of all charges shall be established in the name of the property owner (referred to herein as "account holder"). The account holder shall be responsible for payment of all costs for garbage collection services for said account until the account is properly and lawfully terminated. The costs of such service shall be paid as provided in the schedule of fees set forth in § 500-12 by the owner(s) of the property upon which the refuse is produced, accumulated or from which it is collected or removed.
No person, other than a private collector licensed as such by the City as hereinafter provided, shall collect, convey over any of the streets or alleys of the City, or dispose of any refuse accumulated in the City. Notwithstanding anything to the contrary above, no private collector shall be authorized to collect, convey or dispose of refuse generated by a residential property which consists of six units or less. However, this article shall not prohibit the actual producers of refuse or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse, if such producers or owners comply with all regulations for collection, conveyance and disposal prescribed in this article or made by Council or the Director of Public Works under the terms hereof. Collectors of refuse from outside of the City shall have the right to haul such refuse over City streets, if such collectors comply with the provisions of this section and all applicable laws and regulations as to their equipment and vehicles, the operation of such equipment and vehicles and also as to the disposal of such refuse.
Director of Public Works to supervise. The collection and disposal of refuse in the City shall be under the supervision of the Director of Public Works. He shall have authority to make regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection and disposal as he may deem advisable, and to change and modify the same after notice as required by law, provided that such regulations do not conflict in substance with the provisions hereof.
Appeals. Any person aggrieved by any regulations made by the Director of Public Works shall have the right of appeal therefrom to the Council, which may confirm, modify or revoke any such regulations.
Individual collection and disposal. The producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, and persons who desire to dispose of waste material not included in the definition of refuse, private collectors and collectors of refuse from outside of the City who desire to haul over these streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. The Director of Public Works shall have the authority to permit the disposal of such material in the City dump. The Director shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over City streets by collectors of refuse from outside of the City as he may deem necessary, subject to the right of appeal as set forth in Subsection E hereof.
Preparation of refuse.
All garbage and refuse shall have drained from it all free liquids before being placed in garbage bags or cans for collection.
Grass clippings shall be placed in sealed bags or containers (and be drained of all free liquids).
Tree trimmings, hedge clippings, branches and similar material shall be cut to lengths not to exceed three feet and securely tied in bundles not more than two feet in depth before being deposited for collection. Any single pile may not weigh more than 40 pounds.
No owner or tenant shall place out for collection any garbage that is hazardous in nature or that is ill-prepared so as to cause litter, odors or other nuisances. Such conditions will be subject to enforcement actions as defined herein.
The Director of Public Works and/or designee reserves the right to refuse pickup for any garbage placed out for collection that is deemed poorly prepared or that contains recyclable materials, hazardous substances, or that causes any nuisance.
Garbage and refuse receptacles.
Refuse receptacles shall be made of metal, plastic or other durable material, must be watertight, provided with a tight-fitting cover and with a handle or handles.
No person shall use for the reception of garbage and refuse any receptacle having a capacity of more than 45 gallons.
All receptacles shall be maintained in a sanitary, nonodorous and functional condition. All receptacles shall be thoroughly cleaned by the owner after garbage is removed by the collector. Any receptacle that does not conform to the provisions of this article or that may have jagged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
All receptacles shall be provided by the owner, tenant, lessee or occupant of the premises at his/her own cost.
Storing of garbage and refuse.
No person shall place any garbage or refuse in any street, alley, or other public place, or upon any private property, whether owned by such person or not, within the City unless it is in proper receptacles for collection or under an express approval granted by the Director of Public Works or designee. No person shall throw or deposit any refuse in any stream or other body of water.
Any unauthorized and unreasonable accumulation of refuse on any premises as determined by the Director of Public Works or designee is declared to be a nuisance and a violation of this article.
No person, other than the City, the occupants of the premises on which refuse receptacles are stored or a licensed private collector, shall remove the covers or any of the contents of refuse receptacles.
All garbage and refuse being stored on or near the exterior of any residence or business must be stored in bags within appropriate containers as defined in Subsection B hereof. Prior to the scheduled day of refuse collection, the refuse containers must be obscured from view from the street front of the property, and in the case of a corner dwelling, they shall be obscured from view from all street sides.
Points of collection.
Cardboard boxes, white kitchen garbage bags, and grocery store plastic bags, may not be placed curbside for pickup with garbage or refuse in them unless they are secured within a proper garbage bag or a proper receptacle.
Refuse receptacles or proper black bags shall be placed for collection at the curb in the front, side or rear of the property, as determined by the Director of Public Works, and shall be so placed before 5:00 a.m. on the day of collection but not earlier than 5:00 p.m. of the preceding day, and any receptacles shall be removed within 24 hours after collection.
Frequency of collection.
Refuse will be collected on such days as shall be designated by the Director of Public Works.
All hotels, restaurants, commercial establishments, and other businesses and institutions, and apartment houses consisting of seven or more units or those with mixed commercial and residential use shall schedule pickup on the same day as the municipal pickup for the particular district except in cases where more than one pickup per week is required or for other extenuating circumstances that may be approved in advance by the Director of Public Works.
Where necessary to protect the public health, the Director of Public Works may require that hotels, restaurants, multiple dwelling units and other businesses and institutions arrange for additional and/or more frequent collections.
No owner or tenant shall place out for collection any garbage that is hazardous in nature or that is ill-prepared so as to cause litter, odors, or other nuisances. Such conditions will be subject to enforcement actions as defined herein.
Limitation on quantity. Limits on materials collected for single-family residences per scheduled pickup day will be as follows. Note that the numbered sections below are independent of each other and may be placed curbside together.
Garbage and refuse. Limited to four thirty-two-gallon containers or equivalent waste load per single-family dwelling unit. The City will allow substitution of appropriate garbage bags in a manner of equivalent weight and volume so that the entire amount of garbage and waste will equal that weight and volume which is reasonably generated by four thirty-two-gallon containers. No single bag or container may exceed 40 pounds and must be prepared in a manner so as to be handled by one person. The City will also allow the substitution of one thirty-two-gallon container with one thirty-two-gallon container of construction debris weighing no more than 40 pounds. This debris will be limited to materials common to routine residential construction and that are not regulated under the City's Recycling Ordinance. These materials will be limited to drywall, plaster, lath, roofing shingles, and lumber cut into no more than three-foot lengths.
Bulk items. Refers to single items that are larger than a thirty-two-gallon container; limited to one bulk item. Bulk items will include refrigerators, stoves, washing machines, water heaters, furniture, mattresses, rugs, large toys, and other acceptable bulk refuse and will be collected on regular collection days throughout the year. Porcelain household fixtures will also be collected at a limit of one per household per regular collection day. All refrigeration units, i.e., refrigerators, freezers, air-conditioning units, and water coolers, will be collected on a weekly basis as long as they have been certified as deactivated free of chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) as required under Section 608 of the EPA Clean Air Act.
Editor's Note: See 42 U.S.C. § 7671g.
Limited to two bundles of brush bundled together in no more than three-foot-by-two-foot piles and weighing no more than 40 pounds each. Garbage bags or garbage receptacles of any organic matter, including leaves or grass clippings, may be substituted for refuse in the manner described in Subsection B(1) above and will be counted as part of the limit.
The owner, tenant, lessee or occupant of a premises shall, within 24 hours of refusal, at their own expense make private arrangements for the lawful and permitted collection, transportation, and disposal of waste that has been refused for pickup due to the failure to comply with the requirements of the limits specified herein or for any other valid reason allowed under this article.
Special refuse problems.
Contagious disease refuse. 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 supervision and direction of a Health Officer. Such refuse shall not be placed in containers for regular collections.
Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Director of Public Works at the expense of the owner or possessor thereof.
Fees. The fees for curbside collection and disposal of garbage shall be as follows:
For hotels, restaurants, commercial establishments, and other businesses and institutions, and for apartment houses consisting of seven or more units, contractual arrangements with a licensed private hauler shall be made as necessary for the pickup of refuse from the property. Such entities will be required to remit an annual contract review fee in an amount as specified in Chapter 285, Fees. For the purposes of this article, any mixed-use property which contains both commercial and residential units on the same property shall be considered a commercial account and be required to contract with a private hauler for the proper collection, transport, and disposal of garbage and refuse. Additionally, all hotels, restaurants, commercial establishments, and other businesses and institutions, and apartment houses consisting of seven or more units or those with mixed commercial and residential use are required to recycle as per the provisions of the City of Easton Recycling Ordinance, Article I of this chapter.
Any hotels, restaurants, commercial establishments, and other businesses, institutions, and mixed-use properties containing both commercial and residential properties, and apartment houses consisting of more than six units which are required by City ordinances to enter into a private agreement for the proper and appropriate hauling and disposal of refuse in compliance with all applicable federal, state and local laws are responsible for providing to the City a fully executed and valid agreement with an approved and licensed hauler. Property owners shall also provide copies of any subsequent agreements, including renewals and/or new hauling agreements, to the City within 15 days of execution. Property owners must maintain private agreements in full force and effect at all times until such time as a current, valid account may be reestablished with the City. Any failure to comply with the provisions of this article shall be subject to termination of services and/or the penalties set forth in § 500-20.
Monthly payment rate. All fees are to be paid monthly at 1/12 the annual rate.
Suspension of service; collection. Service to persons or premises for which the account is delinquent shall be subject to suspension or termination, without notice, upon direction of the Director of Public Works and the Director of Finance. Prior to reinstatement, a deposit to secure the payment of garbage collection service in the amount equal to the average cost of garbage collection service to the property for 12 months shall be paid to the City. The average cost of garbage collection shall be based upon the actual cost during the previous 12 months, or, in the event of a new or changed use, the average cost shall be based on the standard average cost of service for such proposed use. The deposit shall be held by the Director of Finance in escrow, any interest earned to be credited to the account holder. The deposit account and any accumulated interest shall be paid to the account holder at the time the account is properly and lawfully terminated and all charges to said account have been paid in full, except that the deposit and/or interest may be paid to the account holder prior thereto if approved by the Director of Finance, at the sole discretion of the Director of Finance.
Delinquent accounts; penalties, interest, collection costs. All bills to owners for garbage collection service and/or for special service as hereinafter provided, which are delinquent, shall be subject to interest and collections fees. All bills to owners are payable immediately upon receipt of the bill. If not paid within 30 days after the date of the bill, a penalty equivalent to 10% of the face amount of the bill shall attach, and, in the event of continued nonpayment, the City shall discontinue the service. To such delinquent usage amount due shall be added interest at the rate of 10% per annum and an additional fee of $50. In addition, a delinquent account shall be subject to collection fees consisting of reasonable attorneys' fees and other costs incurred by the City. An account shall be considered delinquent when payment in full on the account balance has not been received within 30 days of the initial bill. Prior to reinstatement of any services, all delinquent amounts, including amounts of water, sewer and refuse, must be paid in full.
The following standards and requirements are established as minimum for the sanitary transportation of refuse:
Every vehicle used for the transportation of refuse shall be owned and/or operated under the supervision of a person holding an unrevoked operating permit to properly transport municipal waste.
Every vehicle used for the transportation of refuse shall have a hauling body constructed of metal.
All joints in the hauling body shall be effectively closed and smooth so that no drippage or leakage of draining water or liquid or any debris can occur.
The hauling body shall be provided with a tight metal hood having adequate openings fitted with smoothly operating loading and unloading doors.
Every vehicle shall be kept well-painted, clean and in good repair.
Every vehicle used for carrying garbage or swill shall be steamed clean as often as may be necessary to prevent persistent odors and in any event shall be so cleaned once per week.
Every vehicle used for transporting refuse shall carry a legend on the side wall of the hauling body as to name of hauler and cubic capacity of body and a current license plate.
Vehicles shall not be used for other purposes than refuse, garbage and waste material hauling.
Vehicles, when not in use, shall not be parked on public streets but shall be parked or stored on private land so as not to become a nuisance.
Any vehicle used to transport municipal waste must meet all minimum requirements set by local, state and federal regulations governing the operation of such vehicles.
General. It shall be the duty of every owner of property and every person occupying any dwelling unit, premises or place of business within the City where municipal waste is produced and is accumulated, by his own expense and cost, to provide and keep at all times a sufficient number of containers to hold all municipal wastes which may accumulate during the intervals between collection of such municipal waste by an authorized collector.
Garbage receptacles. All municipal waste accumulated by owners of each property and/or the occupants of residential properties shall be placed in containers for collection by an authorized collector. The containers shall be durable, watertight, and made of metal or plastic. The size of each such container shall not exceed a forty-five-gallon capacity.
Location of containers. Each municipal waste container shall be located so as to be accessible to the collector at ground level and at a point on the curbline of the street or within not less than six feet of the public street or alley right-of-way from which collection from a vehicle can be made. Failure to place containers at such locations may result in discontinuance of service.
Storage on commercial, institutional and industrial properties.
Containers. Storage of municipal waste shall be done in the same type of containers as are required for residential properties except where the accumulation for each commercial, institutional or industrial property precludes their use, in which case such owner or occupant shall make special arrangements with the authorized collector for the storing of such additional quantities. The Director of Public Works and/or designee may require commercial, institutional and industrial property owners, tenants, occupants or lessees at their own expense to implement bulk storage containers, including dumpsters, roll-offs, etc., to better control stored waste. Such special arrangements shall include the following:
The type of special bulk container to be furnished by the collector and as may be approved by the City.
The number of such containers as shall be agreed to between the collector and such owner or occupant of the commercial, institutional or industrial property to be used in any collection period.
All refuse and garbage must be secured within a bag inside the bulk storage container. No garbage or refuse is to be stored anywhere outside of the container so as to cause litter or other nuisance. All bulk storage containers must be maintained in a condition so as to prevent odors, vector attraction, litter, or any other nuisance.
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on such premises at a place agreed upon by such owner or occupant of the commercial, institutional and industrial property and the authorized collector and shall not be unsatisfactory to the City. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways or entrances and exits of public or private buildings.
No person, other than such persons as are duly authorized and licensed by the appropriate governing entity, including but not limited to the City of Easton, County of Northampton, and/or the Commonwealth of Pennsylvania, shall collect and transport solid waste of any nature as a regular hauling business within or from the City.
Any person transporting solid waste within the City shall prevent or remedy any spillage from vehicles or containers used in the transport of such solid waste.
All municipal waste produced, collected and transported from within the jurisdictional limits of the City shall be, to the extent permitted by law, disposed of at disposal facilities designated by the City and in accordance with any currently effective solid waste management plan of the City. In the absence of such designated facilities and/or such currently effective solid waste management plan of the City, the City reserves the right to designate a state-permitted facility of its choice or require that disposal be at a state-permitted facility of the authorized collector's choice.
If the City designates the disposal facilities as provided for above, all authorized collectors and other interested persons shall be informed by the City of the location and other information pertaining to the designated disposal facilities to be used for the disposal of municipal waste collected, transported, removed and disposed of from within the City.
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular and unscheduled basis to a state-permitted disposal facility.
Nothing contained herein shall prohibit a farmer from carrying out the normal activities of his farming operation, including composting and spreading of manure or other farm-produced agricultural wastes.
The provisions of this article do not apply to anything but the storage, collection, transportation and disposal of municipal waste and do not apply, therefore, to hazardous or residual wastes as defined by the Pennsylvania Solid Waste Management Act.
Editor's Note: See 35 P.S. § 6018.101 et seq.
This article shall be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including the rules and regulations as set forth by the Department of Environmental Protection, Commonwealth of Pennsylvania.
This article or any part thereof may be amended from time to time in accordance with the procedures established by law.
Any person violating any provision of this article shall, upon conviction by a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $1,000, together with the costs of prosecution, and, in default of payment of fine and costs, imprisonment in the Northampton County Jail for a period of not more than 90 days. Every violator of the provisions of this article shall be deemed guilty of a separate offense for each and every day such violation shall continue and shall be subject to the penalty imposed by this section for each and every such separate offense.
In addition to the foregoing penalty, the City may require the owner or occupant of a property to remove any accumulation of solid waste, and should such person fail to remove such solid waste after three days following written notice, the City may cause the solid waste to be collected and disposed of with the costs for such actions and associated administrative expenses to be charged to the owner or occupant of the property in a manner provided by law.