[Adopted 1-28-1987 by Ord. No. 1987-3]
[Amended 7-25-1995 by Ord. No. 1995-5]
Any person who engages in unlawful conduct as
defined in this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and not less than
$150 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days.
Upon finding that any person has engaged in
unlawful conduct as defined in this article:
A. The LCSWMA, the Borough of Millersville and the county may revoke any license issued by LCSWMA to that person in accordance with §
310-2 of this article.
B. The LCSWMA may deny any subsequent application by that person for a license pursuant to §
310-2 hereof.
The Borough of Millersville has been advised
by the county that the plan proposes to provide for solid waste processing
and disposal facilities which will be operated efficiently and economically
by LCSWMA and in accordance with all applicable laws and regulations
and also that LCSWMA will impose reasonable charges, which will be
uniform among all classes of the users of the plant or plants from
participating municipalities which execute the intermunicipal agreement
within 90 days of the date upon which the DEP grants preliminary approval
to the plan. Charges may differ for different categories of waste
and for different points of entry into the system.
The terms and provisions of this article are
to be liberally construed so as best to achieve and to effectuate
the goals and purposes hereof. This article shall be construed in
pari materia with the Act of July 7,1980, P.L. 380, No. 97, known
as the "Solid Waste Management Act," 35 P.S. § 6018.101
et seq.
[Adopted 10-11-1990 by Ord. No. 1990-10]
[Amended 7-25-1995 by Ord. No. 1995-5]
Any capitalized term, if not defined in this
article, shall have the meaning as from time to time set forth in
the LCSWMA Rules and Regulations. In addition, as used in this article,
the following terms shall have the following meanings:
ACT 97
The Solid Waste Management Act, Act of July 7, 1980, P.L.
380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101
et seq.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, 53 P.S. § 4000.101
et seq., as now or hereafter amended.
ALUMINUM
All food and beverage cans made of the light-in-weight, ductile
and malleable metallic substance or element commonly known as “aluminum.”
This description excludes aluminum foil, trays, plates and miscellaneous
aluminum products.
BATTERY BAGS
Bags which LCSWMA makes available to generators of municipal
waste and which shall be used as disposal containers for batteries
which are generated in households.
[Added 9-14-2004 by Ord. No. 2004-4]
COMMENCEMENT DATE
January 1, 1991, the date upon which the Borough's mandatory
recycling program and the contract collection services begin.
COMMINGLED
Recyclable materials which have been segregated from regulated
municipal waste but which have not been separated into different types
of recyclable materials and which have been placed in a recycling
container for the purpose of collection.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or
individuals, including but not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
COMPOSTING
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
[Added 9-14-2004 by Ord. No. 2004-4]
CONSTRUCTION/DEMOLITION WASTE
A portion of municipal waste resulting from the construction
or demolition of buildings and other structures, including wood, plaster,
drywall and wallboard, metals, asphaltic substances, bricks, block,
and unsegregated concrete. The term also includes street sweepings
and nonfriable asbestos waste. The term does not include the following
if they are separated from other waste and used as clean fill:
[Added 9-14-2004 by Ord. No. 2004-4]
A.
Uncontaminated soil, rock, stone, gravel, brick,
block, concrete, and used asphalt.
B.
Waste from land clearing, grubbing and excavation,
including trees, brush, stumps and vegetative material.
CONTRACT
The agreement between the Borough and a licensed hauler under
which collection services are to be provided to residential units
for contract waste and for recyclable materials other than leaves.
CONTRACTOR
The person providing contract waste and recyclable materials
collection services under the contract.
CONTRACT WASTE
Those portions of regulated municipal waste which are to
be collected and disposed of under the contract. Contract waste consists
exclusively of refuse and oversized refuse items.
CORRUGATED CARDBOARD
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
[Added 9-14-2004 by Ord. No. 2004-4]
CURBSIDE
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor,
which shall be adjacent to the residential unit and no more than five
feet from the public street used by collection vehicles.
EXISTING CONTRACT
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or recyclable
materials generated or located within the Borough which was legally
entered into prior to the effective date of this article and, when
entered into, was legally enforceable.
EXTRA REFUSE CONTAINERS
Refuse containers which are in excess of the three refuse
container per collection site limit.
EXTRA SERVICE TAG
A label which must be affixed to tires, white goods, oversized
refuse items, yard waste and extra refuse containers in order for
such items to be collected by the contractor.
FACILITY
Any specific site designated by LCSWMA (or approved by LCSWMA)
as the specific place or site to which solid waste or source-separated
recyclable materials, or any portion of solid waste or source-separated
recyclable materials, must or may be delivered or, in the absence
of a specific site being designated by LCSWMA, any approved site for
the delivery of any category of solid waste or source-separated recyclable
materials.
[Amended 9-14-2004 by Ord. No. 2004-4]
GENERATOR
A person who produces or creates any solid waste.
[Added 9-14-2004 by Ord. No. 2004-4]
GLASS, CLEAR
Clear glass consists only of clear food and beverage containers
made of glass, of one gallon or less in capacity, and comprised of
the hard, brittle and transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass.
GLASS, COLORED
Colored glass consists only of green or brown food and beverage
containers made of glass, of one gallon or less in capacity, and comprised
of the hard, brittle and transparent or partially transparent substance
produced by fusion of silica and silicates or sand containing soda
and lime and/or other chemicals and substances usually included in
the manufacture of glass.
HAZARDOUS WASTE
[Added 9-14-2004 by Ord. No. 2004-4]
A.
Garbage, refuse, sludge from an industrial or
other wastewater treatment plant, sludge from a water supply treatment
plant or air-pollution control facility and other discarded material,
including solid, liquid, semisolid or contained gaseous material,
resulting from municipal, commercial, industrial, institutional, mining
or agricultural operations and from community activities, or a combination
of these factors, which, because of its quantity, concentration, or
physical, chemical or infectious characteristics, may:
(1)
Cause or significantly contribute to an increase
in mortality or morbidity in either an individual or the total population;
or
(2)
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
B.
The term does not include:
(1)
Coal refuse, as defined in the Coal Refuse Disposal
Control Act (52 U.S.C.A. §§ 30.51 to 30.62);
(2)
Treatment sludges from coal mine drainage treatment
plants, disposal of which is being carried on under and in compliance
with a valid permit issued under the Clean Streams Law (35 P.S. §§ 691.1
to 691.1001);
(3)
Solid or dissolved material in domestic sewage;
(4)
Solid dissolved materials in irrigation return
flows;
(5)
Industrial discharges which are point sources
subject to permits under Section 402 of the Federal Water Pollution
Control Act (33 U.S.C.A. § 1342); or
(6)
Source, special nuclear, or by-product material
as defined by the Atomic Energy Act of 1954 (42 U.S.C.A. §§ 2011
to 2394).
HOUSEHOLD HAZARDOUS WASTE
A portion of municipal waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as hazardous waste under Act 97 and is generated
by persons not otherwise covered as hazardous waste generators by
Act 97. Household hazardous waste includes the following materials
and other materials of a similar nature:
[Added 9-14-2004 by Ord. No. 2004-4]
C.
Chlorinated hydrocarbons;
D.
Fluorescent light bulbs and other mercury-containing
devices;
F.
Grease and rust solvents;
G.
Oven, toilet and drain cleaners;
H.
Paints, rust preventatives, stains and wood
preservatives;
I.
Pesticides, fungicides, herbicides, insecticides,
rodenticides, and roach and ant killers;
J.
Photographic and pool chemicals;
K.
Thinners, solvents and furniture strippers;
L.
Transmission and brake fluids;
M.
Used oil or other hydrocarbon-based lubricants;
and
N.
Wood, metal, rug and upholstery cleaners and
polishes.
LCSWMA
The Lancaster County Solid Waste Management Authority, a
municipal authority organized and existing under the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq., as amended.
[Amended 1-27-2009 by Ord. No. 2009-1]
LICENSED HAULER
A person who is in possession of all pertinent permits and
licenses which may be required by the Borough and LCSWMA for the collection,
transportation, storage or disposal of solid waste or recyclable materials.
MANIFEST
A form supplied by LCSWMA to be completed and signed by each
person who collects or transports solid waste or source-separated
recyclable materials and which specifies, inter alia, the source,
type, quantity and delivery point for the solid waste or source-separated
recyclable materials; the applicable license number; and other pertinent
information.
[Added 9-14-2004 by Ord. No. 2004-4]
MULTIFAMILY UNIT
A property with four or more residential units, including,
without limitation, apartment complexes, condominium complexes, retirement
homes and mobile home parks, excluding farms.
MUNICIPAL CONTRACT
The agreement between the Municipality and a permitted collector
under which collection services are to be provided to residential
units for municipal contract waste and for designated recyclable materials.
[Added 9-14-2004 by Ord. No. 2004-4]
MUNICIPAL CONTRACT WASTE
Those portions of regulated municipal waste which are to
be collected and disposed of under this municipal contract. Municipal
contract waste consists exclusively of refuse and oversized refuse
items.
[Added 9-14-2004 by Ord. No. 2004-4]
MUNICIPALITY'S POLICIES AND PROCEDURES
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to the Borough's recycling
program and the collection, storage or transportation of regulated
municipal waste within the Borough.
NEWSPRINT
Paper which has been used for the production of daily, weekend
and special-edition publications commonly known as “newspapers.”
[Added 9-14-2004 by Ord. No. 2004-4]
NONPROCESSABLE WASTE
A portion of municipal waste consisting of materials which
cannot be handled by LCSWMA's normal processing or disposal methods.
Nonprocessable waste includes items greater than six feet in any dimension,
such as mattresses, large furniture and recreational vehicles. Nonprocessable
waste (oversized) may consist of large auto parts, machines, and any
other items deemed appropriate by LCSWMA.
[Added 9-14-2004 by Ord. No. 2004-4]
NONRESIDENTIAL UNITS
All commercial, municipal and institutional establishments,
all community activities and all farms, excluding residential units
and multifamily units.
OPEN BURNING
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
[Added 9-14-2004 by Ord. No. 2004-4]
OVERSIZED REFUSE ITEMS
Refuse which will not fit into refuse containers but which
is not bulky waste, including small furniture, carpet, portable televisions
and the like, but excluding tires and white goods.
PERMITTED COLLECTOR
A person who is in possession of all pertinent permits and
licenses which may be required by the Municipality and LCSWMA for
the collection, storage or disposal of solid waste or recyclable materials.
[Added 9-14-2004 by Ord. No. 2004-4]
PERSON
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, municipality, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PUTRESCIBLE WASTE
A portion of municipal waste consisting of organic waste
materials which, due to biological decomposition, are or have a tendency
to be rotten, foul, or odorous, including dead animals and spoiled
foods, but not including sludge.
[Added 9-14-2004 by Ord. No. 2004-4]
RECYCLABLE MATERIALS
Any material which would be regulated municipal waste but
for source separation and which will be processed into raw materials
or products which are beneficially reused.
RECYCLING
The separation, collection, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of or processed as waste or the mechanized
separation and treatment of solid waste and creation and recovery
of reusable materials or energy.
RECYCLING CONTAINER
For residential units, the term "recycling container" shall
refer to the container supplied by the Borough. For multifamily units
and nonresidential units, the term "recycling container" shall refer
to a receptacle which is constructed of plastic, metal or fiberglass
and has handles of adequate strength for lifting.
REFUSE
That portion of regulated municipal waste except:
[Amended 9-14-2004 by Ord. No. 2004-4]
A.
Construction/demolition waste;
D.
Household hazardous waste.
REFUSE CONTAINER
A receptacle which is constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors,
or a polyethylene bag which is specifically designed for storage and
collection, is protected against animal damage and overloading so
as to prevent littering or attraction of insects or rodents, and has
a holding strength capable of withstanding normal stresses until it
is collected. With respect to residential units, the weight of a refuse
container and its contents shall not exceed 30 pounds, nor shall its
capacity exceed 32 gallons.
REGULATED MUNICIPAL WASTE
Any solid waste generated or collected within the Borough
which is 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 which is not residual or hazardous waste from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plant or air-pollution control facility. The term does not
include designated recyclable materials.
RESIDENTIAL UNIT
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a multifamily building containing three
or fewer dwelling units, excluding farms. When used in this article
or the Borough Policies and Procedures, the term "residential unit"
shall also refer to any multifamily unit or nonresidential unit that
requests and receives approval from the Borough to use the collection
services provided under the contract.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air-pollution
control facility, provided that it is not hazardous. The term does
not include coal refuse, as defined in the Coal Refuse Disposal Control
Act, or treatment sludges from coal mine drainage treatment plants,
disposal of which is being carried on under and in compliance with
a valid permit issued under the Clean Streams Law.
[Added 9-14-2004 by Ord. No. 2004-4]
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials
from the curbside.
SINGLE STREAM
A system where recyclable materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
[Added 9-14-2004 by Ord. No. 2004-4]
SOLID WASTE or WASTE
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
[Added 9-14-2004 by Ord. No. 2004-4]
SOURCE SEPARATED or SOURCE SEPARATION
The process of separating, or the separation of, recyclable
materials from other solid waste at the location where generated for
the purpose of recycling.
TIRES
Any pneumatic rubber automobile, truck, or farm implement
tire.
[Added 9-14-2004 by Ord. No. 2004-4]
UNACCEPTABLE WASTE
The following types of solid waste are unacceptable waste,
unless approved by LCSWMA on a case-by-case basis:
[Added 9-14-2004 by Ord. No. 2004-4]
B.
Drums, barrels, buckets and paint cans, unless
lids have been removed and interiors are cleaned and free of any residue;
C.
Explosives and ordnance materials;
D.
Gas cylinders, unless empty and delivered separate
from other solid waste;
F.
Infectious/pathological waste; and
WHITE GOODS
A portion of regulated municipal waste consisting of large
appliances, including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot-water heaters,
air-conditioners, dehumidifiers, furnaces and electrical heaters.
[Added 9-14-2004 by Ord. No. 2004-4]
YARD WASTE
All garden residues, leaves, grass clippings and sod.
All persons within the Borough shall source
separate designated recyclable materials.
Each person who owns or occupies a residential
unit, multifamily unit or nonresidential unit within the Borough shall
ensure that regulated municipal waste and designated recyclable materials
generated at such residential unit, multifamily unit or nonresidential
unit are source separated and collected, transported and disposed
of in accordance with this article and the Borough's polices and procedures
and the LCSWMA rules and regulations.
Collection services for contract waste and for
designated recyclable materials shall be provided to residential units
by the contractor. Each person who owns or occupies a residential
unit shall prepare designated recyclable materials and contract waste
for collection in accordance with the Borough's Policies and Procedures.
With respect to regulated municipal waste which is not contract waste,
persons who own or occupy residential units may elect to provide proper
collection, transportation and disposal by either themselves transporting
such materials to a facility or utilizing a licensed hauler to collect
and transport such materials to a facility.
[Amended 9-14-2004 by Ord. No. 2004-4; 11-26-2019 by Ord. No. 2019-03]
Each person who owns or occupies a residential unit, multifamily
unit or nonresidential unit shall source-separate the following recyclable
materials:
A. Clear glass jars and bottles.
B. Colored glass jars and bottles.
E. Plastic bottles and jugs (with neck smaller than body).
F. Corrugated cardboard (dry, flattened, emptied, and free of food residue).
[Amended 9-14-2004 by Ord. No. 2004-4]
A. No person shall store, process or dispose of any regulated municipal waste or designated recyclable materials except at a facility. Notwithstanding the foregoing or §
310-19, yard waste may be composted to the extent and in the manner provided in the Borough's Policies and Procedures on the property on which such yard waste was generated.
B. No person shall process or dispose of any designated
recyclable materials through open burning.
[Amended 2-14-1991 by Ord. No. 1991-1; 9-27-2016 by Ord. No. 2016-09]
Fees for services provided by the Borough shall be charged to
the owners of all residential units within the Borough and the owners
of any other properties to which the Borough provides service. The
amount of fees and the schedule for payment of fees shall be as published
from time to time by the Borough. The fees charged under this section
shall be billed by the Borough and due from the owners of such units
at the end of each quarter. If not paid within 30 days after the date
of the bill, a penalty of 10% of the quarterly fee shall be added.
If such fee and penalty are not paid within 60 days of the date of
the bill, interest at the rate of 6% per annum (in addition to the
penalty) commencing on the 61st day shall be added to the charges
and collected as part thereof in the manner provided by law for the
collection of municipal claims or by civil action at law or in equity.
The Borough may, for convenience, treat any three-month period as
a billing quarter and may end billing quarters in different months
in various sections of the Borough.
A. In the event that the Borough institutes a civil action to collect
delinquent service fees, the owner of the unit shall be responsible
for all costs arising out of the civil action, including but not limited
to filing fees and the costs of service of process (whether by certified
mail or other means).
B. Each owner of a unit shall be responsible for all costs which the
Borough incurs in filing a municipal lien to secure payment of delinquent
service fees, including but not limited to certified mail charges
for notification of intent to include attorneys' fees in the
amount of the municipal lien, attorneys' fees, and filing fees.
From the time of placement for collection of
any designated recyclable materials other than leaves, all such designated
recyclable materials shall be the property of the generator or the
licensed hauler who has contracted to provide collection as provided
in the contract. It shall be a violation of this article for any person
other than such licensed hauler to collect or pick up, or cause to
be collected or picked up, any such designated recyclable materials.
[Amended 9-14-2004 by Ord. No. 2004-4]
The Borough shall have the power to issue the
Borough's Policies and Procedures governing all matters set forth
in this article and any other related matters deemed necessary or
convenient by the Borough. The Borough's Policies and Procedures shall
be effective when adopted by the Council. The Borough shall have the
power to establish record and reporting requirements and standards
and procedures for the issuance, administration and revocation of
licenses as deemed necessary, including, without limitation, application
procedures, fees, standards and conditions for licenses; the fixing
of a monetary bond, with or without surety, to secure compliance by
any permitted collector with any such requirements, standards or procedures;
and any other matters deemed necessary or convenient by the Borough.
In the event of suspension or revocation of any license which is issued
by the Borough or LCSWMA, the person whose collection permit is suspended
or revoked shall refund to each customer any prepaid fees.
It shall be unlawful for any person to violate,
or cause or permit or assist in the violation of, any provision of
this article or any provision of the Borough's Policies and Procedures.
All unlawful conduct shall also constitute a public nuisance.
[Amended 7-25-1995 by Ord. No. 1995-5; 11-26-2019 by Ord. No. 2019-03]
Any person violating any provision of this article
or any provision of the Borough's Policies and Procedures shall, upon
conviction thereof, be sentenced, for each violation, to pay a fine
of not less than $100 and more than $1,000 plus costs, including the
Borough's reasonable attorneys' fees, and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each violation of any provision of this article or of any provision
of the Borough's Policies and Procedures, and each day that such violation
shall exist, shall constitute a separate violation and offense.
For purposes of the obligations established
by this article or the Borough's Policies and Procedures, and for
purposes of any fine, penalty, imprisonment or other sanction, the
terms "person," "residential unit," "multifamily unit," and "nonresidential
unit" shall include officers and directors of any corporation or other
legal entity having officers and directors and refer to, and impose
joint and several liability upon, both the persons residing in or
occupying any such residential, multifamily or nonresidential units
and the owner, landlord, condominium owners' association and/or agent
of any owner, landlord or condominium owners' association of such
premises.
In addition to any other remedy provided in
this article, the Borough may institute proceedings to restrain any
violation of or to require compliance with this article and/or the
Borough's Policies and Procedures.
The penalties and remedies set forth in this
article are in addition to, not in lieu of, any fines, penalties or
remedies provided in the Borough's Policies and Procedures. The existence
or exercise of any remedy shall not prevent the Borough from exercising
any other remedy provided under this article or the Borough's Policies
and Procedures or available at law or in equity.
[Added 1-27-1998 by Ord. No. 1998-1]
Any party aggrieved by an "adjudication," as
that term is defined in the Local Agency Law, 2 Pa.C.S.A. § 101
et seq., may request a hearing by the Borough Council if no other
hearing procedure exists. The request shall be in writing, shall reasonably
describe the decision, determination, ruling or other adjudication
in question and the basis for disagreement with it, shall be signed
by the person or persons aggrieved and contain the addresses and telephone
numbers of the persons claiming to be aggrieved and shall be filed
with the Borough Manager. The request shall be filed within 30 days
of the date the party knew or reasonably should have first known himself
or herself to be aggrieved. The Council shall schedule a hearing and
give reasonable notice thereof to all persons who have requested a
hearing. The procedure shall thereafter be in accordance with the
Local Agency Law.
[Added 9-14-2004 by Ord. No. 2004-4]
A. General regulations.
(1) All regulated municipal waste and designated recyclable
materials shall be stored out of view from the public right-of-way
so as to prevent the attraction, harborage or breeding of insects
or rodents and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness and public nuisances.
(2) A sufficient number of containers shall be provided by generators to contain all regulated municipal waste and designated recyclable materials generated during periods between regularly scheduled collection as may be necessary to meet the requirements of Subsection
A(1) of this section.
(3) The Borough shall supply each residential unit with
a recycling container. Recycling containers for multifamily and nonresidential
units shall be provided by either the owner or the licensed hauler.
(4) All storage practices shall, at a minimum, conform
to the requirements of all applicable federal, state and local laws
and regulations.
(5) Each person having regulated municipal waste or designated
recyclable materials shall provide himself/herself with approved refuse
and recycling containers and shall place and keep all regulated municipal
waste and designated recyclable materials therein. Solid waste of
a nondecomposable nature and rubbish may be stored in tightly secured
bundles of such size to be readily handled at time of collection and
so as to minimize litter.
(6) Nonprocessable waste shall be stored so that collection
of water and harborage of rodents are prevented.
(7) Containers shall be stored on the property where the
regulated municipal waste and designated recyclable materials are
generated.
(8) Regulated municipal waste or designated recyclable
materials from residential units shall not be stored at curbside prior
to collection.
(9) All regulated municipal waste and designated recyclable
materials to be collected from any residential unit shall be placed
immediately adjacent to the street or alley where collection is established
but in such a manner as to not obstruct traffic or use of the sidewalk.
No regulated municipal waste or designated recyclable materials shall
be placed at curbside for collection prior to 12:00 p.m. on the day
before the scheduled collection day. All containers for regulated
municipal waste and source-separated recyclable materials shall be
removed from curbside no later than 12:00 p.m. on the day following
the scheduled collection day.
B. Reusable containers for residential units. Individual
containers used for the storage of regulated municipal waste generated
by residential units shall have the following physical characteristics:
(1) The container shall be constructed of durable, watertight,
rust-resistant material.
(2) Individual containers for residential units shall
have a capacity of not more than 32 gallons or 30 pounds in weight
and shall be equipped with two or more handles and be maintained in
a clean and sanitary manner and be safe to be handled by collection
personnel.
(3) The area around the container shall be kept clean.
C. Disposable containers. Disposable refuse containers,
such as paper and polyethylene bags, shall be acceptable for storage
of regulated municipal waste, provided that the following conditions
are met:
(1) Only those bags specially designed for storage and
collection shall be used.
(2) Bags shall be protected against precipitation, animal
damage and overloading to prevent littering or attracting of vectors.
(3) Bags shall have a holding strength capable of withstanding
stresses until they are collected.
(4) Bag openings shall be securely closed prior to setting
out for collection.
D. Recycling containers.
(1) Individual recycling containers utilized for the collection
of recyclable materials at residential units shall comply with the
following requirements:
(a)
The container shall be a container provided
by the Borough made of rigid plastic construction.
(b)
Title to individual recycling containers shall
remain in the Borough.
(c)
The Borough shall replace any recycling containers
which are damaged when the damaged container is returned to the Borough.
Stolen or lost containers will be replaced for a fee.
(2) Bulk recycling containers utilized for the storage
of recyclable materials at multifamily and nonresidential units shall
comply with the following requirements:
(a)
The container shall be constructed of plastic,
metal or fiberglass and be suitable for the purpose.
(b)
Title to bulk recycling containers shall remain
in the owner or the permitted hauler.
[Added 9-14-2004 by Ord. No. 2004-4]
A. All persons within the Borough are encouraged to source
separate all designated recyclable materials.
B. All regulated municipal waste and designated recyclable
materials shall be drained free of liquids before storage.
C. All cans, bottles or other food containers shall be
rinsed free of food particles and drained before storage.