[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]
A.Â
Recycling conserves valuable material resources and energy, promotes
greater efficiency in the regional economy and provides local employment.
B.Â
Recycling will reduce the overall amount of solid waste presently
generated and thus reduce storage, collection, transportation and
disposal costs.
C.Â
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:
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]
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]
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).
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."
CLEAR GLASSThat which has no discernible color or tint.
BROWN GLASSThat which generally has a brown hue.
GREEN GLASSThat which generally has a green hue.
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]
Leaves from trees and other large plants and shrubs but not
including grass clippings.
[Added 10-24-2012 by Ord. No. 5377]
Magazines, colored newspaper or coupon inserts, office paper,
junk mail, phone books, colored paper, and envelopes with or without
plastic windows.
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]
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]
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.
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.
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]
A.Â
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[1] 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]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.Â
Responsibilities of owner or landlord.
(1)Â
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.
(2)Â
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]
(3)Â
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.
C.Â
Commercial, municipal or institutional establishments.
(1)Â
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.[2] 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]
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(2)Â
Schools, colleges, universities and other educational institutions
shall comply with the City of Easton's guidelines for institutional
establishments. The following exceptions shall apply.
(a)Â
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.
(b)Â
Educational institutions which are commonwealth agencies shall
follow the guidelines for commonwealth agencies as specified in Act
101.
D.Â
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:
A.Â
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.
B.Â
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.
C.Â
Yard waste shall be stored separately and, if bagged, should be placed
in clear bags.
D.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
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.
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.
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.
Refers to a minimum size thirty-gallon black garbage bag
of sufficient ply to resist tearing.
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.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, and the like.
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.
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.)[1]
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.
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.
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.)[2]
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.
A.Â
Collection of garbage and refuse; exceptions.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
Nothing contained in this article shall limit the City from pursuing
any legal or other remedy.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
A.Â
Preparation of refuse.
(1)Â
All garbage and refuse shall have drained from it all free liquids
before being placed in garbage bags or cans for collection.
(2)Â
Grass clippings shall be placed in sealed bags or containers (and
be drained of all free liquids).
(3)Â
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.
(4)Â
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.
(5)Â
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.
B.Â
Garbage and refuse receptacles.
(1)Â
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.
(2)Â
No person shall use for the reception of garbage and refuse any receptacle
having a capacity of more than 45 gallons.
(3)Â
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.
(4)Â
All receptacles shall be provided by the owner, tenant, lessee or
occupant of the premises at his/her own cost.
C.Â
Storing of garbage and refuse.
(1)Â
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.
(2)Â
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.
(3)Â
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.
(4)Â
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.
D.Â
Points of collection.
(1)Â
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.
(2)Â
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.
A.Â
Frequency of collection.
(1)Â
Refuse will be collected on such days as shall be designated by the
Director of Public Works.
(2)Â
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.
(3)Â
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.
(4)Â
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.
B.Â
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.
(1)Â
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.
(2)Â
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.[1]
[1]
Editor's Note: See 42 U.S.C. § 7671g.
(3)Â
Yard waste.
(a)Â
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.
(b)Â
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.
C.Â
Special refuse problems.
(1)Â
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.
(2)Â
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.
A.Â
Fees. The fees for curbside collection and disposal of garbage shall
be as follows:
(2)Â
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.
(3)Â
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.
B.Â
Monthly payment rate. All fees are to be paid monthly at 1/12 the
annual rate.
C.Â
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.
D.Â
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:
A.Â
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.
B.Â
Every vehicle used for the transportation of refuse shall have a
hauling body constructed of metal.
C.Â
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.
D.Â
The hauling body shall be provided with a tight metal hood having
adequate openings fitted with smoothly operating loading and unloading
doors.
E.Â
Every vehicle shall be kept well-painted, clean and in good repair.
F.Â
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.
G.Â
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.
H.Â
Vehicles shall not be used for other purposes than refuse, garbage
and waste material hauling.
I.Â
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.
J.Â
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.
A.Â
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.
(1)Â
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.
(2)Â
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.
B.Â
Storage on commercial, institutional and industrial properties.
(1)Â
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:
(a)Â
The type of special bulk container to be furnished by the collector
and as may be approved by the City.
(b)Â
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.
(c)Â
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.
(2)Â
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A.Â
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.
B.Â
This article or any part thereof may be amended from time to time
in accordance with the procedures established by law.
A.Â
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.
B.Â
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.
