Chapter 20. Solid Waste

Transcription

1 Chapter 20 Solid Waste Short Title Definitions Disposal of Refuse Use of Authorized Collector Collection Practice Fees Exonerations Penalties Part 1 Refuse Collection Part 2 Refuse Storage Title Purpose Definitions Accumulation and/or Storage of Refuse Materials Declaration of Nuisance; Equitable Remedy Notice of Violation Violation and Penalties Part 3 Licensing of Waste Collectors Title Definitions Designation of Processing and/or Disposal Facilities Licensing Requirements Fees Violations and Penalties 20-1

2 20-2

3 Solid Waste Part 1 Refuse Collection Short Title. This Part will be known as the Refuse Collection Ordinance. (Ord. 302, 12/17/1985, 1-1) Definitions. For the purpose of this Part, the following terms, phrases or words shall have the meaning ascribed to them in this Section except where the context in which the word is used clearly indicates otherwise. Authorized collector an individual partnership, corporation, association or other legal entity of any kind authorized by contract with Yardley Borough to collect refuse and/or recyclable materials from residential properties within the Borough. [Ord. 328] Borough Yardley Borough, Bucks County, Pennsylvania, the Mayor and the Borough Council of Yardley. Disposal the storage, collection, disposal or handling of refuse. Duplex dwelling a single-family unit which is semi-detached, connected along a party wall to a similar unit, with only two dwelling units to a structure, with one unit over the other. Dwelling a structure used for residential purposes except hotels, boarding and lodging houses, tourist cabins, motels and trailers. Dwelling unit one or more rooms designed, occupied or intended for occupancy as separate living quarters within which cooking, sleeping and sanitary facilities are provided. Garbage all animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods. Multi-family dwellings any structures such as townhouses, condominiums or apartments containing two or more dwelling units. Person any person, firm, partnership, association, corporation, company or organization of any kind. Recyclable materials those materials specified to be recycled by contract with Yardley Borough. [Ord. 328] Refuse all solid waste (except human body waste) including garbage, ashes and rubbish. Residential property property used as dwellings. Rubbish all discarded articles not defined as garbage. Single-family unit any dwelling unit on a separate lot which is not attached to another dwelling unit on a separate lot, the intention for which is occupancy by one family. 20-3

4 Borough of Yardley Twin house is a structure containing two single family attached dwelling units with only one common party wall in common with another dwelling unit. (Ord. 302, 12/17/1985, 2-1; as amended by Ord. 328, 7/19/1988, 1) Disposal of Refuse. It shall be unlawful to dump or deposit garbage, rubbish or refuse of any nature at any place within the confines of the Yardley Borough, other than as designated in this Part. (Ord. 302, 12/17/1985, 3-1) Use of Authorized Collector. 1. The Borough Council shall, by its own resolution, designate one person as the authorized collector of refuse and/or recyclable materials produced by owners and occupants of residential properties within the Borough for each fiscal year. This authorized collector shall have the exclusive right and obligation to collect and haul refuse and/or recyclables within the Borough for the fiscal year so designated. All residential property owners and/or occupants within the Borough, other than those residential property owners who utilize residential dumpster service, shall be obliged to use only the authorized collector to collect and dispose of their refuse and/or recyclables and shall be obliged to pay the fees for such collection and disposal as provided for in Any residential property owner who institutes dumpster service after January 1, 1997, shall, nevertheless, be obliged to continue making payments to the Borough, in accordance with the provisions of , until termination of the then current Borough refuse collection contract with the authorized collector. [Ord. 377] 2. It shall be a violation of this Part for any person(s), unauthorized by the Borough to collect or pick up or cause to be collected or picked up any recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as provided in , Penalties, of this Part. 3. Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough. These materials must either be delivered to the individual s or organization s site or they may be placed at the curb for collection by said individual or organization on days not indicated as recyclable material collection days by the Borough. Said individuals or organizations may not collect recyclable materials on or immediately preceding (within 24 hours) a regularly scheduled curbside collection day. (Ord. 302, 12/17/1985, 4-1; as amended by Ord. 308, 10/7/1986, 1; by Ord. 328, 7/19/1988, 2; and by Ord. 377, 12/17/1996, 1) Collection Practice. Residents of all dwelling units in the Borough shall be bound by the terms and conditions of the specifications and requirements outlined in any existing contract executed between the authorized collector and the Borough relating to the preparation of refuse for collection, types of containers, schedules and all other necessary rules and regulations related to the collection and disposal of refuse. The specifications, rules and regulations shall be distributed to each owner of residential property within the Borough as soon as practicable after the execution of each contract between the 20-4

5 Solid Waste Borough and the authorized collector. Such specifications, rules and regulations shall remain in effect until amended by the Borough in accordance with any new contract. The amendment shall also be distributed as soon as practicable to each owner of residential property after promulgation. The Borough may also in its discretion authorize, by resolution, additional rules and regulations as may be required and all owners of residential property within the Borough shall be bound by such rules and regulations. (Ord. 302, 12/17/1985, 5-1; as amended by Ord. 308, 10/7/1986, 2) Fees. 1. All owners of residential property not exempted by this Part from use of the authorized collector shall be assessed a fee for the collection and disposal of refuse in an amount as established, from time to time, by resolution of the Borough Council. Commencing January 1, 2000, and each year thereafter, Borough Council shall by resolution fix the annual charge for the collection and disposal of refuse unless the Borough refuse collection contract is a multiple year contract with the same price for each year in which case Borough Council may fix the charge for the collection and disposal of refuse for the length of the contract. [Ord. 463] 2. The owner of each dwelling unit or dwelling units shall be responsible for payment of all fees for the collection and disposal of refuse. In the event of a transfer of ownership all unpaid fees shall become the responsibility of the new owner as well as the old owner. 3. The fees for refuse collection and disposal shall be paid quarterly or annually as determined by the Borough. A quarter shall be defined as any one of the following 3-month calendar periods: January, February and March; April, May and June; July, August and September; or October, November and December. The Borough Council may in its discretion provide for a discount for annual payment in advance. 4. All fees unpaid after a period of 30 calendar days from the date of billing shall be subject to a penalty of 5 percent per quarter on the unpaid balance. Delinquent accounts are subject to cessation of service without notice. Upon cessation service will be resumed upon payment of all accumulated fees for the period of collection and noncollection as well as all penalties assessed against the account. The cessation of service shall be in addition to the right of the Borough to proceed for the collection of such unpaid charges. 5. In addition to the interest, payments and penalties provided by this Part, the Borough may at its option exercise any or all of the following collection remedies: A. The filing of a summary complaint under of this Part. B. The filing of a civil action for collection of any and all past due fees, interest and penalties. C. The filing of a municipal lien or other claims as authorized by the Municipal Claims and Tax Liens Act, 53 P.S et seq. [Ord. 454] D. Such other remedy as may be provided to municipalities by law. E. Attorneys Fees, Interest. (1) The Borough and/or its authorized agents shall impose and collect attorneys fees in accordance with the Act upon all claims, liens, and other 20-5

6 Borough of Yardley related actions pertaining to delinquent trash accounts. (a) Prior to assessing or imposing attorney fees in connection with a delinquent account, the Borough shall provide such notice as may be required by the Act. (b) The Borough, including its Solicitor, may take all actions allowed by law to enable the Borough to recover incurred attorneys fees from any person responsible for this cost and to include such attorneys fees in municipal claims. This authorization includes, but is not limited to, sending notification to the responsible person(s) of the Borough s intent to impose incurred attorneys fees. (c) Attorneys fees shall be assessed at a rate of $135 per hour, or the then current hourly rate of the Borough Solicitor, as set by Borough resolution. (2) Interest of 10 percent per annum shall accrue on all trash claims and liens from the date of the filing of the lien. This is in addition to the penalty provided for in subsection.4 above. [Ord. 454] (Ord. 302, 12/17/1985, 6-1; as amended by Ord. 303, 1/6/1986, 1; by Ord. 308, 10/7/1986, 3; by Ord. 322, 12/15/1987, 1; by Ord. 329, 12/20/1988, 1; by Ord. 338, 12/19/1989, 1; by Ord. 345, 12/18/1990, 1; by Ord. 353, 12/17/1991, 1; by Ord. 359, 12/15/1992, 1; by Ord. 364, 12/ /1993, 1; by Ord. 368, 12/6/1994, 1; by Ord. 375, 12/19/1995, 1; by Ord. 377, 12/17/1996, 2; by Ord. 454, 6/18/2013, I; and by Ord. 463, 4/7/2015) Exonerations. The owner of any residential property which is vacant for a period exceeding 6 months shall be exonerated from paying fees for refuse collection. Such exoneration shall not begin until the first day of the seventh month of vacancy and shall continue only until the property is occupied. It shall be the responsibility of the owner to notify the Borough Manager of the continued vacancy at the time of each quarterly billing. (Ord. 302, 12/17/1985, 7-1; as amended by Ord. 332, 4/4/1989) Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall 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 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. (Ord. 302, 12/17/1985, 8-1; as amended by Ord. 463, 4/7/2015) 20-6

7 Solid Waste Part 2 Refuse Storage Title. This Part will be known as the Refuse Storage Ordinance. (Ord. 314, 3/3/1987, 1) Purpose. It is hereby determined and declared as a matter of legislative finding that improper and inadequate solid waste practices create public health hazards and environmental pollution. It is therefore the purpose of this Part to regulate the storage of all solid waste so as to prevent the attraction or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness and public nuisances, and to further promote the health, safety and the general welfare of the residents of Yardley Borough. (Ord. 314, 3/3/1987, 2) Definitions. For the purpose of this Part, the following terms, phrases or words shall have the meaning ascribed to them in this Section except where the context in which the term, phrase or word is used clearly indicates otherwise: Borough Yardley Borough, Bucks County, Pennsylvania. Front yard a yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. For the purposes of this Part, Carrs Lane is not considered a street. Garbage all animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of foods. Junk vehicle any currently unregistered and/or uninspected motor vehicle (automobile, truck, bus or other similar vehicle) which is in either a rusted, wrecked, discharged, dismantled, partially dismantled, inoperative or abandoned condition. A junk vehicle shall be classified as to its condition in one of the two following categories: (1) Restorable a junk vehicle that is in a condition whereby repairs to the same could be made to place it in operating condition without exceeding the estimated value when repaired. (2) Wreck a junk vehicle in such condition that it is economically unsound to restore same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that it warrants such classification. Person any individual, firm, company, association, society, corporation or group. 20-7

8 Borough of Yardley Refuse all solid waste (except human body waste and garbage) and includes, but is not limited to, junk vehicles, and solid commercial and industrial wastes. Refuse container any type of container made of durable, watertight material, having tight fitting lids or a durable plastic bag secured so as to make it watertight. Yard waste any organic waste material generated by cutting, clipping, raking, mowing or pruning either grass, trees, shrubs or other plant matter and includes, but is not limited to leaves, grass clippings, weeds, compost, branches and tree parts. (Ord. 314, 3/3/1987, 3) Accumulation and/or Storage of Refuse Materials. 1. Lawful Accumulation and/or Storage. A. It shall be lawful for any person to store and/or accumulate refuse materials on his/her premises, provided that no refuse materials may be stored and/or accumulated in any front yard, or within 300 feet of any boundary line or within 300 feet of any public street or highway, or provided that all storage and/or accumulation of refuse materials shall be totally screened from view by a solid screen not less than 6 feet in height so that refuse materials cannot be seen from any public street, highway or the property of any other person. B. It shall be lawful for any person to store and/or accumulate refuse material in refuse containers, provided that such refuse containers shall not be located in any front yard, or within 15 feet of any boundary line or within 15 feet of any public street or highway, except that refuse containers may be placed for collection for a period of time not to exceed 24 hours prior to and after collection at the curb line or within 5 feet of the roadway at one collection point and in such manner as will not create a nuisance or be injurious to the public health. C. Junk Vehicles. (1) It shall be lawful to do one, but not both, of the following: (a) Store one currently unregistered and/or uninspected restorable junk vehicle, on any property for an indefinite period. (b) Store one currently unregistered and/or uninspected wreck on any property for a period not exceeding 60 consecutive days. (2) Except on a driveway, storage of a single restorable or wrecked junk vehicle shall not be located in any front yard, within 15 feet of any boundary line or within 15 feet of any public street or highway. (3) Storage of a single restorable or wrecked junk vehicle as permitted in this paragraph shall be exempt from the 300-foot distance from a boundary line requirement and the screening requirement defined in subsection.1.a hereof. D. It shall be lawful for any person to store and/or accumulate yard waste on his/her premises, provided that such waste shall not be located in any front yard or within 10 feet of any boundary line or within 10 feet of any public street, highway or the property of any other person. 2. Unlawful Dumping, Storage and/or Accumulation of Refuse Materials. No 20-8

9 Solid Waste person shall store and/or accumulate refuse materials except as provided in subsection.1 hereof and in addition, no person shall do any of the following: A. Place any refuse in any street, alley or any other public place, or upon any private property (owned by any other person within the Borough), or throw or deposit any refuse in any stream or other body of water. B. Cast, place, sweep or deposit anywhere within the Borough any refuse materials in such a manner that they may be carried or deposited by the elements upon any street, sidewalk, alley or other public place, onto any other private property, or into any stream or other body of water. 3. Depositing and Disposal of Waste. A. Dumpsters shall be leak proof and properly covered at all times except when depositing or removing the contents thereof. The name and telephone number of the waste removal company servicing said dumpster must be clearly printed on the dumpster. Trash and/or waste shall be placed in tied or otherwise secured bags prior to depositing refuse in dumpsters, except that large bulky waste (i.e., cardboard cartons) need not be bagged. Property owners shall prevent refuse or waste from drifting, blowing or leaking onto another property. Should refuse or waste drift, blow or leak onto another property, the owner of the property on which the dumpster is located shall be responsible for its prompt removal and the costs thereof. It shall be unlawful for any person to deposit waste in a dumpster other than his/her own, without written consent of the owner of said dumpster. B. Dumpsters shall be emptied at least once a week, or more often as needed to protect the public health. C. Dumpsters shall be cleaned and repaired as needed to eliminate odors or dangerous or unsatisfactory conditions. [Ord. 411] 4. Maintenance of Screening. The fence or barrier surrounding the dumpster shall be maintained in a neat, clean, sanitary and proper mechanical condition at all times. Such maintenance shall include, but is not limited to: A. Replacing missing or damaged boards, posts or hinges as needed. B. Maintaining painted or stained material in a well painted or stained condition. C. Removing and replacing any dead or diseased portions of a natural barrier. [Ord. 411] 5. The Borough Council or Zoning Officer may require specific maintenance to eliminate any unsightly or dangerous conditions. [Ord. 411] (Ord. 314, 3/3/1987, 4; as amended by Ord. 411, 5/6/2003, 1) Declaration of Nuisance; Equitable Remedy. Any storage, accumulation and/or disposal of refuse in violation of this Part is hereby declared to be a public nuisance as defined in Chapter 10, Part 2, Nuisances, of the Borough of Yardley Code of Ordinances and, in addition to other remedies allowed by law, any Borough officer may institute in the name of the Borough any appropriate action or proceeding to prevent, restrain, correct or abate any violation of 20-9

10 Borough of Yardley this Part. (Ord. 314, 3/3/1987, 5) Notice of Violation. The Borough Council or any officer or employee of the Borough designated thereby for the purpose is hereby required to give notice, by personal service or by United States mail, to the person owning property in the Borough in violation of the provisions of of this Part, directing such person to correct such violations within 30 days after issuance of such notice. (Ord. 314, 3/3/1987, 6) Violation and Penalties. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall 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 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. (Ord. 314, 3/3/1987, 7; as amended by Ord. 463, 4/7/2015) 20-10

11 Solid Waste Part 3 Licensing of Waste Collectors Title. This Part will be known as the Licensing of Waste Collectors Ordinance. (Ord. 351, 12/3/1991, 1) Definitions. For this purpose of this Part, the following terms, phrases or words shall have the meanings ascribed to them in this Section except where the context in which the word is used clearly indicates otherwise: Collector or waste hauler any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of Borough waste and/or source-separated recyclable materials. Disposal the deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of this Commonwealth. Disposal facilities include, but are not limited to, Borough waste landfills and construction/demolition waste landfills as defined by Act 101, Act 97, and/or DEP rules and regulations (e.g., 25 Pa.Code, Chapters 75 and 271). [Ord. 463] Licensed collector or licensed waste hauler any collector or hauler of Borough waste and/or source-separated recyclables possessing a current license issued by the Borough pursuant to this Part. Municipal waste any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, Borough, commercial or institutional establishments and from community activities. Recycling the collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as Borough waste or the mechanized separation and treatment of Borough waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy. Source-separated recyclable materials materials, including leaf waste, that are separated from Borough waste at the point of origin or generation for the purpose of recycling. Transportation the off-site removal of any Borough waste at any time after generation. (Ord. 351, 12/3/1991, 1; as amended by Ord. 463, 4/7/2015) Designation of Processing and/or Disposal Facilities. The Borough of Yardley shall designate by separate resolution the processing and/or disposal facilities where all licensed collectors must, as a condition of licensing, 20-11

12 Borough of Yardley transport and dispose of Borough waste and/or source-separated recyclable materials collected within the Borough of Yardley. (Ord. 351, 12/3/1991, 1) Licensing Requirements. 1. No person shall collect or remove and then subsequently haul or transport any Borough waste or source-separated recyclable material through or upon the streets of the Borough of Yardley without obtaining a waste collectors license in accordance with the provisions of this Part. This Section shall not apply to private individuals (e.g., homeowners) who wish to transport their own household waste or recyclables to County-designated facilities, nor to farmers, landscapers or nursery workers who collect, remove, haul or otherwise transport agricultural or other organic waste associated with their respective business activities. 2. All collectors and waste haulers shall be licensed by the Borough of Yardley and designated as a licensed waste hauler or a licensed collector. 3. Any person who desires to collect and haul or transport Borough waste within the Borough of Yardley shall submit a waste collectors license application and any application fee to the Borough. The applicant must comply with the Yardley Borough Council Resolution entitled Licensing of Waste Collectors. A. Any collector or waste hauler operating within the Borough as of the effective date of this Part must apply for and be issued a waste collectors license in order to continue to operate within the Borough. B. New license applicants must submit a license application and fee no more than 5 days after beginning collecting and transporting Borough waste and/or source-separated recyclables in the Borough. Subsequent to initial licensing, any licensed collector or waste hauler possessing an existing license shall submit a license renewal application and fee to the Borough of Yardley at least 5 days prior to the expiration date of the existing license, if renewal of the license is desired. The Borough shall have 5 calendar days to review any application and take approval or denial action. If the Borough fails to take action within 5 days, the application will be deemed to be approved. 4. No new license or license renewal shall be approved and issued to any person who fails to satisfy the minimum standards and requirements of this Part or is in violation of the provisions of this Part. 5. All licensed collectors or licensed waste haulers shall meet the requirements of Act 97, Act 101, the Bucks County Municipal Waste Management Plan, all DEP rules and regulations (25 Pa.Code, Chapter 285) and any applicable Bucks County Department of Health regulations regarding storage, collection and transportation of Borough waste and source-separated recyclable materials including provisions for proper labeling of collection and transfer vehicles. [Ord. 463] (Ord. 351, 12/3/1991, 1; as amended by Ord. 463, 4/7/2015) Fees. The license fee, not to exceed $100 per waste collector company, shall be set by the Yardley Borough Council resolution entitled Licensing of Waste Collectors. All 20-12

13 Solid Waste licenses are nontransferable and shall be issued for a period of 1 calendar year. There shall be no reduction or prorated fee for any license issued during the calendar year. (Ord. 351, 12/3/1991, 1; as amended by Ord. 463, 4/7/2015) Violations and Penalties. 1. Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall 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 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 463] 2. The Borough of Yardley shall have the right at any time, and without refund of any license fee, to suspend or revoke the license of any licensed collection or waste hauler for any of the following causes: A. Falsification or misrepresentation of any statements in any license application. B. Lapse of cancellation of any required insurance coverages. C. Collection and/or transportation of any Borough waste or source-separated recyclable material in a careless or negligent manner or any manner that is not in compliance with the requirements of this Part, Bucks County Department of Health regulations, and/or applicable Federal, State or local regulations. (Ord. 351, 12/3/1991, 1; as amended by Ord. 463, 4/7/2015) 20-13

14 20-14