CHAPTER 20 SOLID WASTE

CHAPTER 20 SOLID WASTE PARTI REFUSE DISPOSAL 101. Short Title 102. Definitions 103. Storage Practices 104. Collection Practices 105. Disposal of Refuse 106. Fees; Collection and Billing 107. Authorized Collection 108. Penalties 201. Short Title 202. Definitions 203. Establishment of Program 204. Lead Acid Batteries 205. Separation and Disposal of Leaf Waste 206. Municipal Ownership of Recyclables 207. Existing Recycling Operations 208. Recycling of Materials 209. Franchise or License 210. Violation, Penalty and Enforcement PART 2 RECYCLING 20-1

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(20, Part 1) PARTI REFUSE DISPOSAL 101. SHORT TITLE. This Part shall be known as the "Refuse Disposal Ordinance." (Ord. 81-5,10/12/1981, 1) 102. DEFINITIONS. ASHES - the residue resulting from the burning of wood, coal, coke or other combustible material. BOROUGH - the Borough of Frackville. COMMERCIAL REFUSE - all nonresidential refuse including refuse produced in connection with business and commercial activities. [Ord. 90-51 DISPOSAL - the storage, collection, disposal or handling of refuse. GARBAGE - all animal and vegetable table wastes resulting from the handling, preparation, cooking or consumption of foods. PERSON - any natural person, association, partnership, firm or corporation. RESIDENTIAL REFUSE - all refuse produced by tenants and/or householders in their residential quarters and incidental to their daily living habits. [Ord. 90-51 RUBBISH - glass, metal, paper, plant growth, wood or nonputrescible solid wastes. The singular shall include the plural and the masculine shall include the feminine and the neuter. (Ord. 81-5,10/12/1981, 2; as amended by Ord. 90-5.1/14/1991, 1) 103. STORAGE PRACTICES. 1. Preparation of Refuse. A. All refuse shall be drained free of liquids before disposal. B. Garbage shall be wrapped in paper or similar material. C. All cans, bottles or other food containers shall be rinsed free of food particles and 20-3

SOLID WASTE drained before disposal. D. Rubbish shall be: 2. Refuse Containers. (1) Placed in approved containers. (2) Cut and baled, tied, bundled, stacked or packaged so as not to exceed 36 inches in length and 50 pounds in weight. (3) Placed into heavy plastic bags which shall be tied securely. A. Refuse containers shall be made of durable, water-tight, rust-resistant, material having a close-fitting lid and handles to facilitate collection. B. Refuse containers for residences shall be no more than 32 gallons in capacity. Containers for commercial establishments shall not exceed 32 gallons capacity. C. It shall be unlawful to permit the accumulation or residue of liquids, solids or a combination of such material on the bottom or sides of containers, it being the intention of this provision that the interior of containers shall be kept clean by thorough rinsing and draining as often as necessary. 3. Storage of Refuse. A. Each householder, commercial establishment or person having refuse shall provide himself with approved refuse containers and shall place and keep all refuse therein; except as provided in subsections (1)(B), (C) and (D) of this Section relating to handling of refuse. B. It shall be unlawful to place refuse in any street, alley, stream, body of water or any other public place or upon private property, whether owned or not, unless such refuse is placed in an approved container, except that rubbish may be stored as provided in subsection (1)(B) and (D) of this Section. (Ord. 81-5,10/12/1981, 3) 104. COLLECTION PRACTICES. 1. Place of Collection. A. Refuse containers shall, for the purpose of collection, be placed at ground level, and be made readily accessible to the collector. They shall be placed on the side of the street from which collection is to be made. B. Notwithstanding the provisions of subsection (1)(A) of this Section, householders, commercial establishments, or other persons, may, by contract with collectors, be 20-4

(20, Part 1) permitted to place containers at agreed places upon their premises. C. Refuse containers shall not be placed on any street, sidewalk or other public area other than that area immediately adjacent to that property from where the refuse was generated. Nonresidents of the Borough of Frackville who are not property owners of real estate in the Borough are forbidden from placing refuse on any street, sidewalk or other public area within the Borough for disposal of same. They are also forbidden from placing domestic refuse in public trash receptacles. D. Refuse containers shall not be placed on any street, sidewalks or other public area before 5:00 p.m. on the day preceding the scheduled collection date for the collection of refuse in that area. 2. Frequency of Collection. Refuse shall be collected: A B Once weekly at the discretion of the Borough Council. Hotels, restaurants, institutions and commercial establishments may be required to have more frequent collection, if determined by the Board of Health to be essential to protect the public health. 3. Licensing of Collectors. A. No person shall collect, remove, haul or convey any refuse through or upon any of the streets or alleys of the Borough of Frackville or dispose of the same in any manner or place without obtaining a license from the Borough Council of said Borough. B. The fee for such license shall be as established from time to time by resolution of Borough Council and all licenses shall be issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license after the beginning of any calendar year. [Ord. 12/14/19981 C. Every person who shall apply for a license under this Section shall state the type or types of refuse to be collected, the manner of collection, and the place and method of disposal. D. No license shall be granted if the place and method of disposal shall not conform to the requirements of this Part, or to the ordinance of any municipal or quasimunicipal corporation, wherein disposal of refuse is to be made. E. No licensed collector shall make any change in the arrangement for disposal of refuse collection by him without first receiving the approval of the Borough Council. F. It shall be unlawful to permit an unlicensed collector to collect or remove refuse from a household, institution or commercial enterprise. 20-5

SOLID WASTE 4. Collection Vehicles. A. All private vehicles used for collection of garbage shall be equipped with compacting devices or equivalent types of closed bodies and shall have enclosed cargo space. B. It shall be unlawful for private haulers to collect, haul, transport or convey garbage in open, unenclosed vehicles except upon approval by the Mayor, which approval shall be given upon the showing of unusual or unique circumstances. (Ord. 81-5,10/12/1981, 4; as amended by Ord. 90-3.5/14/1990. 1; and by (Ord. 12/14/1998) 105. DISPOSAL OF REFUSE. It shall be unlawful to dump, burn, destroy or otherwise dispose of refuse within the jurisdictional limits of the Borough of Frackville. (Ord. 81-5,10/12/1981, 5) 106. FEES; COLLECTION AND BILLING. 1. Fees. Fees for collections and disposal of refuse placed for collection at the curb from which collection is made are as follows: A. For each residential unit, the fee shall be as established from time to time by resolution of Borough Council per year per family for refuse removal. [Ord. 12/14/19981 B. For each nonresidential property unit, the fee shall be as established from time to time by resolution of Borough Council per year for garbage or refuse. ford. 12/14/19981 C. The owner(s) of any real estate, as well as any person producing refuse, are jointly and severely responsible for paying the fees for refuse removal. 2. Collection and Billing. A. The Borough will collect refuse stored in containers not more than 32 gallons in capacity and will not collect junked cars, appliances, furniture, demolition debris and other large items. The real estate owner from which such items are generated is responsible for their proper disposal. The owner of said refuse, whether a real estate owner or not, is also liable for the proper disposal of said refuse. B. The Borough shall, on semiannual basis and in advance, by invoice to each and every residential and nonresidential unit within the Borough, bill for the cost of collection and disposal of refuse. The Borough may appoint the Borough Tax Collector or other tax collection service as the collector of the refuse fee and pay 20-6

(20, Part 1) the fee collector a commission or flat rate for the services so provided. C. All fees are considered delinquent if not paid within 30 days from the date of the bill thereof. All delinquent accounts are subject to discontinuance of service for nonpayment for collection and disposal charges shall be in addition to the right of the Borough to proceed for collection of such unpaid charges by an action in assumpsit, a municipal lien levied against the real estate from which the refuse is generated, and any other manner or remedy provided by law for collection of municipal claims. D. A penalty of 10% of the amount due shall be added to any account not paid within 30 days of the date of the date of the bill thereof. It shall be added to the amount due and collected as set forth in the preceding subsection. [Ord. 91-21 E. The collection and disposal of refuse in the Borough of Frackville shall be under the supervision of the Borough Council. It shall have authority to make additional regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection and disposal as it may deem advisable and to change and modify the same from time to time, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against any regulation made by the Council of the Borough of Frackville which may confirm, modify or revoke any such regulation. F. All refuse covered by this Part which is accumulated in the Borough shall be collected, conveyed and disposed of by the Borough, and the cost of such service shall be paid as provided in the schedule of fees set forth in subsection (1) hereof by the person producing the refuse or responsible for the existence or disposal thereof or for whom such refuse is collected or removed. It is unlawful for any person, other than the Borough, to collect or carry refuse over any streets or alleys of the Borough or dispose or any refuse accumulated in the Borough; provided, that producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse may do so at their own expense in which event no collection fee will charged to them. However, 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 materials not included in the type of refuse the Borough will collect and collectors of refuse from outside of the Borough who desire to haul over the streets of the Borough shall be authorized collectors and shall use a water tight vehicle more specifically described in 104(4) and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled and shall be licensed pursuant to 104(3). Such disposal shall be made outside the Borough limits, unless expressly authorized by the Borough Council. The Borough Council shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over Borough streets by collectors of refuse from outside of the Borough as it may deem necessary, subject to the right of appeal as set forth in subsection (2)(E), hereof. 20-7

SOLID WASTE G. The ownership of all material placed on the dump or landfill shall be vested in the owner of the dump / landfill premises. The Borough assumes no liability for items or refuse set out for collection other than that provided herein. H. All persons whose garbage, rubbish or ashes are not being collected by the Borough under the terms of this Part shall furnish the Borough Council, immediately upon its request, a statement of the method and means of disposal of their garbage, rubbish or ashes and furnish such other information relating thereto as shall be required on the form to be provided by the Borough Council for that purpose. Failure to provide such information to the Borough within 10 days of being requested to do so constitutes a violation of the terms of this Part. I. The Borough is permitted to back-bill residents, former residents and any other person who has availed himself or herself of the refuse collection and disposal service of the Borough and who has failed to pay for said services. The Borough also reserves the right to place municipal liens against the properties of such person and to use all other remedies set forth in this Part against such person. [Qrd. 90-31 (Ord. 81-5. 10/12/1981; as added by Ord. 90-1, 1/2/1990, 1, 2; as amended by Ord. 90-3, 5/14/1990, 2; by Ord. 91-2, 2/11/1992, 1; and by (Ord. 12/14/1998) 107. AUTHORIZED COLLECTION. All residential refuse covered by this Part which is accumulated in the Borough shall be collected, conveyed and disposed of by the Borough, and the cost of such service shall be paid as provided in the schedule of fees set forth in 106(1) by the person producing the said refuse or responsible for the existence or disposal thereof or for whom such refuse is collected or removed. It is unlawful for any person other than the Borough to collect or carry residential refuse over any streets or alleys of the Borough or dispose of any residential refuse accumulated in the Borough; provided, that the producers of commercial refuse or the owners of premises upon which commercial refuse is accumulated who desire personally to collect and dispose of such commercial refuse may do so at their own expense, in which event no collection fee will be charged to them. However, the producers of commercial refuse or the owners of premises upon which commercial refuse is accumulated who desire personally to collect and dispose of such refuse and persons who desire to dispose of waste materials not included in the type of refuse the Borough will collect and collectors of refuse from outside of the Borough who desire to haul over the streets of the Borough shall be authorized collectors and shall use a watertight vehicle more specifically described in 104(4) and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled and shall be licensed pursuant to 104(3). Such disposal shall be made outside the Borough limits, unless expressly authorized by the Borough Council. The Borough Council shall have the authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over Borough streets by collectors of refuse from outside of the Borough as it may deem necessary, subject to the right of appeal as set forth in 105 hereof. (Ord. 81-5,10/12/1981; as added by Ord. 90-5.1/14/1990, 2) 20-8

(20, Part 1) 108. PENALTIES. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine not to exceed $1,0000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense. (Ord. 81-5.10/12/1981, 6; as amended by (Ord. 12/14/1998) ^ 20-9

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(20, Part 2) PART 2 RECYCLING 201. SHORT TITLE. This Part shall be known as the "Waste Recycling and Reduction Ordinance." (Ord. 91-6, 9/9/1991, 1) 202. DEFINITIONS. The following terms are defined as follows: ALUMINUM CANS - empty all-aluminum beverage and food containers. BIMETALLIC CONTAINERS - empty food or beverage containers consisting of steel and aluminum. COMMERCIAL ESTABLISHMENT - those properties used primarily for commercial or industrial purposes. COMMUNITY ACTIVITIES - events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day. CORRUGATED PAPER - structural paper material with an inner core shaped in rigid parallel furrows and ridges. FERROUS CONTAINERS - empty steel or tin-coated steel food or beverage containers. GLASS CONTAINERS - bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products. HIGH-GRADE OFFICE PAPER - all white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences. INSTITUTIONAL ESTABLISHMENT - those facilities that house or serve groups of people such as hospitals, schools, day care centers and nursing homes. LEAD ACID BATTERIES - shall include but not be limited to automotive, truck and industrial batteries that contain lead. LEAF WASTE - leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trirnmings but not including grass clippings. MAGAZINES AND PERIODICALS - printed matter containing miscellaneous written 20-11

SOLID WASTE pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever. MULTIFAMILY HOUSING PROPERTIES - any properties having four or more dwelling units per structure. MUNICIPAL ESTABLISHMENTS - public facilities operated by the municipality and other governmental and quasi-governmental authorities. NEWSPAPERS - paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. PERSON(S) - owners, lessees and occupants of residences, commercial or institutional establishments. PLASTIC CONTAINERS - empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled. RECYCLABLE MATERIALS - source separated recyclable materials, including materials listed in 1501 of Act 101, and materials identified by the Borough to be recycled. RESIDENTIAL DWELLINGS - any occupied single or mulrifamily dwelling for which the Borough provides municipal waste collection service. SOURCE SEPARATED RECYCLABLE MATERIALS - those materials separated at the point of origin for the purpose of being recycled. WASTE - a material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source separated recyclable materials or material approved by the Department for beneficial use. (Ord. 91-6, 9/9/1991, 2) 203. ESTABLISHMENT OF PROGRAM. A program for the recycling and reduction of waste is hereby created providing for the separation of recyclables by residences, commercial, municipal, institutional establishments, community activities and mulrifamily housing units, the storage and collection of same; separation, collection and composting of leaf waste and establishing also a public information and education program on the program. (Ord. 91-6.9 79/1991. 63) 204. LEAD ACID BATTERIES. 20-12

(20, Part 2) The disposal of lead acid batteries with household waste is prohibited. (Ord. 91-6, 9/9/1991, 54) 205. SEPARATION AND DISPOSAL OF LEAF WASTE. Leaf waste, grass clippings and other such waste shall be separated from other waste. Rules and regulations regarding such separation shall be adopted from time to time by the Borough. (Ord. 91-6,9/9/1991,55) 206. MUNICIPAL OWNERSHIP OF RECYCLABLES. Materials placed at curbside may be considered abandoned by the Borough. Once so placed, recyclables are the property of the Borough of Frackville. No person(s) not authorized by the Borough may collect, remove, scatter or disturb such recyclables. (Ord. 91-6, 9/9/1991, 6) 207. EXISTING RECYCLING OPERATIONS. Recycling operations in existence on September 1,1991, may continue their operations. Such operations must comply with all rules and regulations of the Borough regarding same. (Ord. 91-6,9/9/1991,57) 208. RECYCLING OF MATERIALS. Recyclables may not be disposed of, placed at curbside or any other location for pick-up while mixed with other materials, mixed with other waste or placed in landfills by any individuals, firm or corporation. The Borough of Frackville will establish what materials are recyclable by rules and/or regulations from time to time. The Borough may dispose of recyclables as it sees fit and shall establish rules and regulations pertaining to the storage, disposal and pick-up of recyclables from time to time. (Ord. 91-6, 9/9/1991, 8) 209. FRANCHISE OR LICENSE. The Borough may enter into franchise or license agreements with any agency or person to collect recyclable materials. Fees for same shall be determined by the Borough from time to time. (Ord. 91-6, 9/9/1991, 9) 20-13

SOLID WASTE 210. VIOLATION, PENALTY AND ENFORCEMENT. Any person, firm or corporation who shall violate any provision of this Part or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense. The Frackville Borough Police Department, Code Enforcement Officer, or Health Officer or Inspector are empowered to enforce this Part. (Ord. 91-6, 9/9/1991, 10; as amended by (Ord. 12/14/1998) 20-14