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HomeMy WebLinkAboutShippensburg Solid Waste Borough of Shippensburg, PAPage 1 of 18   Borough of Shippensburg, PA Monday, March 12, 2012 Chapter 99. GARBAGE, RUBBISH, REFUSE AND RECYCLING [HISTORY: Adopted by the Borough Council of the Borough of Shippensburg as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Fire prevention — See Ch. 92. Article I. Garbage Collection and Disposal [Adopted 4-16-1968 by Ord. No. 378, approved 4-16-1968] § 99-1. Definitions. For the purpose of this article, the following words shall have the meanings as herein defined: ADDITIONAL SERVICE The number of bushels of rubbish or the equivalent thereof collected on an average per collection over and above the basic quantity. APARTMENT HOUSE Any building housing three or more living quarters. Each living quarters may be considered a single dwelling receiving service if each sets out its own containers; or if the material is combined in common containers for each collection and the owner or representative of the owner is responsible for the contract, the combined service will then be billed accordingly. BASIC SERVICE The amount of refuse of up to four bushels to be collected per collection from each customer or the equivalent thereof, which has been set out as directed. (Single dwellings are always considered "basic service.") BOROUGH The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania. BUSINESS or INDUSTRY Any business or industry or combination of business, industry or living quarters in a building which shall combine the material for disposal per collection in one or a series of containers. COLLECTION SCHEDULE The time of regular collection of refuse, which shall be made from all customers once each week or [Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985] as otherwise directed. CONTAINERS[Amended 12-30-1982 by Ord. No. 517, approved 12-30-1982; 10-19-1993 by Ord. No. 623, approved 10-19-1993]: A. Refuse containers shall be constructed of durable, watertight, rustproof or rust-resistant material, either metal or plastic, and shall be covered with a tight lid, in such manner as shall prevent animals and/or rodents from removing the contents thereof. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 2 of 18 B. Those refuse containers for dwelling units which shall be of such size as can be easily handled by one person with a maximum filled weight, including the container of 50 pounds. C. As used herein, "containers" shall include plastic bags, which may be used for disposal or as liners for other garbage containers but shall not be acceptable as the sole means for storage or refuse for periods longer than 24 hours prior to collection, except when inside a residence or other enclosed structure. COUNCIL The Council of the Borough of Shippensburg, Pennsylvania. DOUBLE HOME A twin home, and each living quarters is considered a single dwelling. DUMPSTER A storage receptacle used to temporarily store debris or garbage and which is then emptied of its [Added 5-4-2004 by Ord. No. 779, approved 5-4-2004] contents or removed with its contents. DUPLEX HOMES Two living quarters, one above the other, and may be considered two single dwellings, each receiving service, or as an apartment if the collection of refuse is combined in common containers and paid for by the property owner or representative. INCINERATOR Any device specifically designed for the destruction, by burning, of refuse or other combustible waste material. REFUSE Includes garbage (animal and vegetable waste, including all carcasses, fat, bone, swill and vegetable and animal refuse resulting from the storage, handling, preparation and consumption of food), ashes (all waste remaining after burning of coal, coke, wood or other substances in furnaces or open grates) and rubbish (all other waste). ROW HOMES Homes in a row, each of which shall be considered a single dwelling. SINGLE DWELLING The residence of family as a unit, all using the same facilities simultaneously. § 99-2. Collection. [Amended 12-30-1982 by Ord. No. 517, approved 12-30-1982] A. Preparation of refuse. (1) All garbage, and other refuse, shall be placed in containers. (2) All garbage, and other refuse, shall be drained of liquid and wrapped in paper or plastic. Editor's Note: Former Subsection A(3), which included provisions on tree trimmings, hedge clippings and similar refuse, and which immediately followed this subsection, was repealed 10- 19-1993 by Ord. No. 623, approved 10-19-1993. Former Subsection A(4), which included provisions on printed matter, was repealed 5-4-2004 by Ord. No. 779, approved 5-4-2004. B. Refuse containers. (1) All refuse containers shall conform to the provisions of this article and as defined herein. (2) All refuse containers shall be kept in a sanitary and good condition. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 3 of 18 (3) Any refuse container that does not conform with this article and as defined herein, or which is likely to injure an employee, or which hampers the prompt collection of refuse, shall be replaced upon notice from the Borough. C. Accumulation of refuse. (1) All persons residing or doing business within the limits of the Borough shall provide for the removal of accumulated refuse at least once a week. (2) No person shall permit refuse to accumulate on the surface of the ground or cause or permit refuse to be deposited on any street, alley, walk, storm sewer stream, body of water or other public place. In no event shall refuse be placed on the property of another without the consent of the owner of the same. (3) Commercial establishments and industries, including apartments, restaurants, hotels, stores and markets, shall provide for the removal of such refuse as often as may be necessary in order to maintain a sanitary and healthful condition. However, in no instance shall removal be less than once a week. Such establishments may utilize, for storage, large closed containers which can be emptied into compactor-type trucks. (4) Refuse of a highly flammable or explosive nature, or highly infectious or contagious refuse, shall not be stored for ordinary collection. (5) No refuse produced or accumulated outside the Borough shall be brought into the Borough for disposal therein unless payment for such disposal has been made. D. Location of containers. (1) Refuse containers shall be placed, wherever possible, at ground level on the property, not within the cartway of a street or alley, but accessible to and not more than 10 feet from the side or curb of the street or alley from which collection is made. Where, in the opinion of the Borough, the physical characteristics of a property and the area adjacent thereto are such that compliance with this provision for location of containers is not practical, the Borough may require alternate locations for containers. (2) Refuse containers shall be placed at the location for collection not earlier 24 hours prior to collection, and shall be removed not later than 24 hours after collection. (3) Containers shall be located on the property so as not to create offensive or noxious odors on adjoining properties. Containers placed on property in such manner as to create noxious or offensive odors on adjoining property shall constitute a private nuisance. [Added 10-19-1993 by Ord. No. 623, approved 10-19-1993] (4) Containers shall serve only a single property or a group of properties adjoining each other and owned by a single owner. [Added 12-13-1994 by Ord. No. 642, approved 12-13-1994] § 99-3. Removal by Borough Collector. A. All refuse, with the exception of certain type industrial wastes as shall be defined by Borough Council, shall be removed only by the Borough Collector. No person, firm or corporation other than the Borough Council shall be permitted to remove refuse from the Borough, except for certain type industrial wastes as shall be defined by Borough Council. B. Furnishing containers. The resident of each housing unit shall be responsible for providing an approved container for storage of refuse. No refuse may be stored at any time in violation of this article. Apartment houses and commercial and industrial establishments may utilize large http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 4 of 18 closed containers which can be emptied into compactor-type trucks, either by purchasing these units or by renting them from the Borough. § 99-4. Place of disposal. [Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 5-4-2004 by Ord. No. 779, approved 5-4-2004] Disposal of refuse collected by the Borough will be at a licensed landfill. § 99-5. Outdoor fires. Refuse or leaves or rubbish may not be burned outdoors on the premises in any manner whatsoever. It is unlawful for any occupant or other person to start a fire of any description for any purpose except within the building or other structure, in a stove, furnace or fireplace or other designated containers for fire. Outside incinerators of all kinds are unlawful and shall not be used for fire or storage of refuse, except as provided in § 99-8. Exceptions are construction firepots, charcoal grills, fireplaces attached to and made a part of a dwelling when the flue thereof extends upward higher than the highest portion of the said dwelling. Other exceptions may be made by permits which are applied for to the Borough Manager and are granted when the circumstances reasonably require outside burning and do not present a hazard or annoyance to persons or property. No such burning shall be performed until after the granting of such permit. § 99-6. Rates for collection. [Last amended 12-13-1994 by Ord. No. 642, approved 12-13-1994] Rates for collection of garbage and refuse shall not exceed those schedules which shall be adopted from time to time by resolution of the Council of the Borough of Shippensburg, provided that rates shall not be changed more than one time in any calendar year, unless said rates shall be approved by passage of an ordinance fixing the rates. § 99-7. (Reserved) Editor's Note: Former § 99-7, Miscellaneous incinerator charges, added 12-15-1970 by Ord. No. 400, approved 12-15-1970, as amended, was repealed 5-4-2004 by Ord. No. 779, approved 5-4-2004. § 99-8. Private incinerators; outdoor burning. [Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999] A. Closed commercial incinerators shall be permitted for industrial or commercial use, provided that the Commonwealth of Pennsylvania, Department of Environmental Protection, the United States Environmental Protection Agency and the Fire Chief of the Borough of Shippensburg properly permit them. The Borough Fire Chief shall annually inspect such incinerators to determine whether or not they are being operated in a satisfactory manner. No incinerator shall be installed or operated within the Borough unless and until it has been properly permitted as set forth above. B. A fee of $100 per year, payable annually in January of each year, shall be charged for the use and operation of a private, approved incinerator. C. Outdoor burning prohibited. Refuse, leaves or rubbish may not be burned outdoors on the premises in any manner whatsoever. It shall be unlawful for any occupant or other person to start a fire of any description for any purpose except within the building or other structure in a stove, fireplace, furnace or other designated container for fire. Outside incinerators of all manner and type are unlawful and shall not be used for fire or storage of refuse, except as permitted in § 99-20 Editor's Note: Section 99-20, Private incinerators, was repealed 12-7-1999 by hereof. Exceptions are construction fire pots, charcoal/gas Ord. No. 714, approved 12-7-1999. grills and fireplaces attached to and made a part of a dwelling when the flue thereof extends upward higher than the highest portion of said dwelling. Other exceptions may be made by permits, which are applied for to the Borough Manager and are granted when the http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 5 of 18 circumstances reasonably require outside burning and do not present a hazard or annoyance to persons or property. No such burning shall be performed until after the granting of such permit. [Amended 8-17-2004 by Ord. No. 781, approved 8-17-2004] § 99-9. Enforcement. [Amended 7-16-2002 by Ord. No. 758, approved 7-16-2002] The Borough Manager shall have the authority to enforce the provisions of this chapter, as shall any code enforcement officer or police officer of the Borough. The Fire Chief is charged with enforcing matters pertaining to burning. § 99-10. Violations and penalties. [Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 5-4-2004 by Ord. No. 779, approved 5-4-2004] Any person, partnership or corporation violating any provisions of this article shall, upon conviction in summary proceedings, be sentenced to pay a fine of not less than $300 nor more than $1,000 per offense and, in default of the payment of such fine, may be imprisoned for a period of not more than 90 days. Each day of violation shall be considered a separate and distinct offense. Article II. Depositing in Streams [Adopted 5-19-1970 by Ord. No. 397, approved 5-19-1970] § 99-11. Disposal in streams prohibited. It shall be unlawful for any person or persons, firm, association or corporation to cast upon, throw, deposit or discard into or cause to be cast upon, thrown, deposited or discarded into any stream, spring or creek or along or upon the shores, banks or margin of the same within the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, any rubbish, trash, garbage or refuse, including but not limited to glass and metal refuse, household waste or any other discarded items or waste at any time. § 99-12. Impeding flow of streams. No person, firm or corporation shall cause the flow of any such stream of water to be impeded by the construction of any dam or any other obstruction; provided, however, that this section shall not prohibit stream improvement projects by local sportsmen clubs or conservation agencies when the same are approved by appropriate agencies of the Commonwealth of Pennsylvania and/or the Borough Manager of the Borough of Shippensburg. § 99-13. Violations and penalties. [Amended 12-30-1985 by Ord. No. 539, approved 12-30-1985; 5-4-2004 by Ord. No. 779, approved 5-4-2004] Any person, partnership or corporation violating any provisions of this article shall, upon conviction in summary proceedings, be sentenced to pay a fine of not less than $300 nor more than $1,000 per offense and, in default of the payment of such fine, may be imprisoned for a period of not more than 90 days. Each day of violation shall be considered a separate and distinct offense. Article III. Recycling [Adopted 7-16-1991 by Ord. No. 603, approved 7-16-1991 Editor's Note: This ordinance also provided ] that it shall take effect 9-1-1991. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 6 of 18 § 99-14. Definitions. For the purposes of this article, the following words shall have the meanings as herein defined: ADDITIONAL SERVICE The number of gallons or containers of rubbish or the equivalent thereof collected on an average per collection over and above the basic quantity. ALUMINUM CAN A container which is comprised entirely of aluminum and which contains or formerly contained only nonaerosol edible substances. APARTMENT HOUSE Any building housing three or more dwelling units. BASIC SERVICE The amount of refuse, up to 80 gallons, and the amount of recyclables, up to 60 gallons, to be collected per collection from each dwelling unit. BOROUGH The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania. CANS Containers comprised of aluminum, steel, tin or a combination thereof, which contain or formerly contained only nonaerosol edible substances. CARDBOARD All corrugated or other cardboard normally used for packing, mailing, shipping or containerized goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled cardboard. COLLECTION SCHEDULE The time of regular collection of refuse. COMMERCIAL ESTABLISHMENT Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters. CONTAINERS A. Those receptacles designed to hold wet materials, which shall be constructed of durable, watertight, rustproof materials and shall be covered with a tight lid. B. Those receptacles designed for holding dry materials and wrapped garbage, which shall be designed to hold refuse without spilling, including plastic garbage bags, provided that the contents thereof are such as to prevent animals from opening the same and provided that they are securely closed. C. Those receptacles referred to as "Dempster Dumpsters," capable of holding more than 80 gallons of garbage. COUNCIL The Council of the Borough of Shippensburg, Pennsylvania. DESIGNATED RECYCLABLE MATERIALS Those recyclable materials designated by the Council to be source-separated in the Borough. The term includes but is not limited to glass (clear, amber and green), leaf waste, paper, plastic containers, cans, corrugated and other cardboard, newspaper, magazines or high-grade office paper. DISPOSAL http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 7 of 18 The deposition, injection, dumping or placing of solid waste into or on the land in such a manner that the solid waste or a constituent of the solid waste enters the environment. DOUBLE HOUSE A building having two dwelling units divided vertically. DUMPSTER A storage receptacle used to temporarily store debris or garbage and which is then emptied of its [Added 5-4-2004 by Ord. No. 779, approved 5-4-2004] contents or removed with its contents. DUPLEX A structure having accommodations for two families on two or more floors without regard to whether such accommodations are identical or not. DWELLING UNIT A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. GLASS All clear (flint), green and brown (amber) colored glass containers. "Glass" shall not include crystal, ceramics, light bulbs and plate, window, laminated, wired or mirrored glass. GRASS All clippings removed from a lawn. INCINERATOR Any device specifically designed for the destruction, by burning, of refuse or other combustible waste material. INDUSTRIAL ESTABLISHMENT Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries and slaughterhouses. GARBAGE Any waste, including refuse, industrial lunchroom or office waste and other material, including solid, semisolid or contained gaseous material resulting from operation of residential, commercial, municipal, industrial or institutional establishments, but shall not include recyclable waste, leaf waste, grass clippings, automobile/truck tires, batteries, used motor oil or hazardous waste as those terms are defined in this article. HAZARDOUS WASTE Any 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 any combination of the above, which, because of its quantity, concentration or physical, chemical or infectious characteristics, may: A. Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or B. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. LEAF WASTE Leaves, garden residues, shrubbery and tree trimmings and similar materials, but shall not include grass clippings. PAPER http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 8 of 18 All newspaper, high-grade office paper, fine paper, bond paper, office paper, xerographic paper, mimeo paper, duplication paper, magazines, paperback books, school paper, junk mail, computer paper, telephone books and similar cellulosic materials, but excluding wax paper, plastic- or foil- coated paper, envelopes with glassine windows, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard. PERSON Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency (including but not limited to the Department of General Services and the State Public School Building Authority) or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this article prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation having officers and directors. RECYCLING The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy. ROW HOUSE Three or more homes divided vertically by common walls. SOLID WASTE Any waste, including but not limited to municipal, residential or hazardous waste, including solid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings. SOURCE-SEPARATE To separate recyclable materials from the solid waste stream at the point of waste generation. § 99-15. Removal of recyclables; containers. [Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999] A. Remove of recyclables. The Borough Collector shall remove all recyclable material. No person, firm or corporation, other than the Borough Collector, shall be permitted to remove recyclables from the Borough, except as defined in § 99-23C. B. Furnishing containers. The resident of each housing unit shall be responsible for providing an approved container for the storage of recyclables. No recyclables shall be stored at any time in violation of this article. Apartment houses and commercial and industrial establishments may utilize recycling containers which can be hydraulically emptied into the recycling truck. Said unit shall be purchased from the Borough of Shippensburg. § 99-16. Collection. [Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999] A. Preparation of recyclables. (1) All recycling material shall be placed in approved containers. (2) Recyclables shall not include garbage. B. Recycling containers. (1) All recycling containers shall conform to the provisions of this article as defined herein. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 9 of 18 (2) Recycling containers shall be kept in a clean and sanitary condition. (3) Any recycling containers not conforming to this article, and as defined herein, or which are likely to injure an employee or which hamper the prompt collection of refuse shall be replaced upon notice by the Borough. C. Accumulation of recyclables. (1) All persons residing or doing business within the limits of the Borough of Shippensburg shall provide for the removal of accumulation of recyclable material at least one time in each period of seven calendar days. (2) No person shall permit recycling material to accumulate on the surface of the ground or cause or permit recyclable material to be deposited on any street, alley, storm sewer, sidewalk, stream, body of water or other place. No recyclable material shall be permitted to accumulate on the front porch or front lawn or any area of a structure or property visible from a public street, except in accordance with Subsection D(2) hereof. In no event shall recyclable material be placed upon the property of another without the consent of the owner of the same. (3) Commercial establishments and industries, including apartments, restaurants, hotels, markets and stores, shall provide for the removal of recyclable material as often as shall be necessary to maintain a sanitary and healthful condition; provided, however, that in no event shall removal be less than one time in each period of seven calendar days. Such establishments may utilize for storage large, closed recycling containers which can be emptied into the recycling truck. (4) No recyclable material accumulated or produced outside the Borough shall be brought into the Borough for collection unless payment for such has been made. D. Location of containers. (1) Recycling containers shall be placed, whenever possible, at ground level on the property, not within the cartway of a street or alley but accessible to and not more than five feet from the side or curb of the street or alley from which collection is made. Where, in the opinion of the Borough, the physical characteristics of a property and the area adjacent thereto are such that compliance with this provision for location of containers is not practical, the Borough may require alternate locations for containers. (2) Recycling containers shall be placed at the location for collection not sooner than 24 hours prior to the time of scheduled collection and shall be removed not later than 24 hours following collection. E. Curbside collection of leaf waste. [Added 5-4-2004 by Ord. No. 779, approved 5-4-2004] (1) The Borough shall establish curbside collection of leaf waste, as defined in Section 99-14 of this Article. Such collection shall occur once in the spring and once in the fall, as determined by Borough Council. (a) Items to be collected are leaves, garden residues, shrubbery trimmings, tree trimmings, and similar material. (b) Tree trimmings and shrubbery trimmings shall be no greater than two inches in diameter and three feet in length, and shall be bundled and tied with twine or cord string only, or placed in a container no larger than a thirty-gallon trash can. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 10 of 18 (c) Garden residue and leaves shall be placed in a container such as a thirty-gallon trash can, or biodegradable bag. (d) Absolutely no plastic bags. (e) All containers and/or bundles shall be of a weight that will allow one person to easily lift and empty into the front box of a trash truck. In no instance shall weight exceed 35 pounds. (f) No grass will be collected. (g) Material must be placed at curbside, not more than 24 hours prior to collection. (2) The Borough will collect Christmas trees the month of January. Collection of the trees will coincide with the Borough's trash collection. (a) Trees must be placed at curbside not more than 24 hours prior to collection. (b) Plastic tree bags must be removed from the tree prior to collection. (3) The Borough will collect loose leaves, raked to curbside, beginning the month of November. Collection of the leaves will coincide with the Borough's street sweeping schedule. The schedule will be advertised in the local paper. (a) Garden residues, shrubbery trimmings, tree trimmings, and similar material are not permitted. (b) No grass. (c) No bagging of leaves. (d) Due the tendency of leaves to clog storm sewers, leaves are not to be placed at curbside prior to one week before scheduled collection. (e) Leaves accumulated prior to scheduled collection, as stated above, are to be taken to the Borough's compost facility. § 99-17. Place of disposal. Disposal of refuse collected by the Borough shall be at such location or locations as shall be designated by the Council from time to time. § 99-18. Rates for collection; billing schedule. [Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999] A. Set by resolution. Rates for collection of recyclable material shall not exceed those schedules which shall be adopted by the Borough Council by resolution adopted from time to time. B. Billing. The Borough shall be responsible for the billing and collection of the collection fees established hereunder. Collection fees for recycling shall be payable quarterly, being due and payable on the first day of January, April, July and October of each year. Collection fees for premises which are not paid within 30 days of the due date of the bill for the previous quarterly period shall be subject to a penalty of 5% per quarter of said bill, which penalty shall be added to the collection fee due and shall be collected as aforesaid. § 99-19. (Reserved) Editor's Note: Section 99-19, Outdoor burning prohibited, was repealed 12-7-1999 by Ord. No. 714, approved 12-7-1999. See now § 99-8C. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 11 of 18 § 99-20. (Reserved) Editor's Note: Section 99-20, Private incinerators, was repealed 12-7-1999 by Ord. No. 714, approved 12-7- 1999. § 99-21. Enforcement. The Borough Manager or his designee shall be charged with the enforcement of the provisions of this article pertaining to health matters, the Fire Chief with matters pertaining to burning and the Police Department with all other violations. § 99-22. Establishment of recycling program. A. Recycling program. In accordance with 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., there is hereby established within the corporate limits of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania, a program for the separate collection of recyclable materials as are from time to time designated by the Council of the Borough of Shippensburg from all non-physically disabled residents of the Borough and from all other persons, including commercial, industrial and institutional establishments, within said Borough whose solid waste is collected by or on behalf of this Borough. B. Source separation. All persons of the Borough served by the curbside program established pursuant to this article shall sour-separate all designated recyclables and place them at the location designated by § 99-16D of this article and on the date specified for the collection according to the schedule published by the Borough. Said recyclables shall be placed no more than four feet and not less than two feet away from regular refuse. C. Commercial, industrial, institutional and municipal source separation. All persons within the Borough who are not served by the curbside program established pursuant to Subsection A hereof shall source-separate all designated recyclable materials. D. Apartments and condominiums. Every owner of an apartment or condominium having four or more dwelling units shall provide for recycling through the establishment of a collection system. The system shall provide for the source separation of those items designated recyclable for residential curbside program. Such collection system shall be approved by the Borough Manager or his designee. E. Collection of recyclables. Collection of recyclable materials shall be made weekly, according to a schedule which the appropriate Borough officials are hereby authorized to designate by regulation. § 99-23. Designated recyclable materials. A. Residential. Designated recyclables for the curbside program established pursuant to this section shall consist of the following materials: (1) Newspaper. (2) Aluminum, steel and bimetal cans. (3) Glass (clear, amber and green). (4) Type 1 plastic such as but not limited to soft drink and water bottles, beer bottles, peanut butter and salad dressing containers and mouthwash bottles. [Added 5-23-2002 by Ord. No. 757, approved 5-23-2002] http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 12 of 18 (5) Type 2 plastic such as but not limited to milk, water and juice containers and liquid detergent bottles. [Added 5-23-2002 by Ord. No. 757, approved 5-23-2002] B. Commercial, industrial, municipal and institutional establishments. Designated recyclables for commercial, industrial, municipal and institutional establishments shall consist of the following materials: (1) High-grade office paper. (2) Aluminum, steel and bimetal cans. (3) Corrugated paper (cardboard). (4) Glass (clear, green and amber). (5) Leaf waste. (6) Newspaper. (7) Type 1 plastic such as but not limited to soft drink and water bottles, beer bottles, peanut butter and salad dressing containers and mouthwash bottles. [Added 5-23-2002 by Ord. No. 757, approved 5-23-2002] (8) Type 2 plastic such as but not limited to milk, water and juice containers and liquid detergent bottles. [Added 5-23-2002 by Ord. No. 757, approved 5-23-2002] C. Exemptions from requirements. (1) In the event that a commercial, industrial, municipal or institutional establishment otherwise required by § 99-22D to source-separate and recycle those designated recyclable materials is engaged in a program providing for the recycling of those designated recyclable materials, then, in that event, said establishment shall be exempt from the provisions of this article, provided that the commercial, industrial, institutional or municipal establishment shall furnish annually, not later than January 31 of the following year, a written report to the Borough setting forth the type of materials recycled and the total weight of such materials expressed in tons. (2) Any hauler other than the Borough shall be required to obtain a permit and license from the Borough. D. Additions of recyclable materials. The Council reserves the right to designate additional recyclable materials for mandatory source separation by residential or nonresidential establishments by resolution duly adopted. § 99-24. Ownership of recyclables. From the time of the placement at the curb of any recyclable materials pursuant to the provisions of this article, such recyclable materials shall become and be the property of the Borough of Shippensburg. It shall be a violation of this article for any person, other than authorized personnel of the Borough, to collect, pickup or cause to be collected or picked up any such materials. Each such collection or pickup shall constitute a separate and distinct offense. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 13 of 18 § 99-25. Sale or donation of recyclables. Notwithstanding any provision of this article to the contrary, any person having ownership of the same may sell or donate any recyclable materials to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such materials shall not be placed for collection or collected from the curbside. § 99-26. Preparation of recyclables. Designated recyclables shall be prepared in the following manner: A. All newspaper shall be tied in bundles not exceeding 35 pounds in weight or one foot in thickness. B. Glass containers shall have caps and lids removed. C. Glass and cans shall be rinsed free of contaminants. D. Cardboard shall be flattened and placed in bundles not exceeding one foot by three feet by three feet. E. Glass shall be separated from metal and placed in a separate container. Glass, clear, brown and green, may be commingled and placed in one container. Metal, aluminum, steel and bimetal cans may be commingled and placed in one container. Type 1 and Type 2 plastic may be commingled with glass. [Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999; 5-23-2002 by Ord. No. 757, approved 5-23-2002] F. Recyclables shall be placed in a container identified with the recycling decals provided by the Borough. G. Each dwelling unit shall provide for two containers for recycling materials, which shall be a box- or bucket-type container constructed of durable material. A box-type container may not exceed 15 gallons in capacity and shall not be larger than 20 inches by 16 inches by 15 inches. Bucket-type containers shall not exceed 15 gallons in capacity and shall be no taller than 18 inches nor more than 19 inches in diameter. Such containers shall have handles or handholds. [Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999] H. High-grade office paper must be placed in clear or transpar-ent bags. I. Any unit producing more than 60 gallons of recyclables per week shall be required to purchase sixty-gallon containers from the Borough. J. Nonresidential users producing more than one cubic yard of corrugated paper per week shall be required to purchase or rent from the Borough a dumpster of sufficient size to hold said paper. § 99-27. Mandatory source separation of leaves and grass. A. No person shall dispose of leaves or grass, arrange for the disposal of leaves or grass or cause leaves or grass to be disposed at any solid waste facility other than a composting facility. B. All persons who gather leaves and who are served by the Borough program for the separate collection of leaves shall source-separate all leaves and place them for collection at the time and in the manner heretofore or hereafter prescribed by the Borough. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 14 of 18 C. Nothing herein shall require any person to gather leaves and grass or prevent any person from utilizing leaves or grass for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes. D. All grass shall be either composed by the person collecting said grass or disposed of by that individual in the manner provided by regulation. § 99-28. Additional regulations. The Council shall have the power and duty to adopt such regulations as it deems necessary to implement this article. § 99-29. Solid waste contaminated by recyclables. The Borough or any other person collecting solid waste generated within the Borough may refuse to collect solid waste from any person who has clearly failed to source-separate recyclables designated under an applicable section of this article. § 99-30. Violations and penalties. [Amended 5-4-2004 by Ord. No. 779, approved 5-4-2004] Any person, partnership or corporation violating any provisions of this article shall, upon conviction in summary proceedings, be sentenced to pay a fine of not less than $300 nor more than $1,000 per offense and, in default of the payment of such fine, may be imprisoned for a period of not more than 90 days. Each day of violation shall be considered a separate and distinct offense. Article IV. Dumpsters in Public Places [Adopted 5-4-2004 by Ord. No. 779, approved 5-4-2004] § 99-31. Definitions. As used in this article, the following terms shall have the meanings indicated: ASSOCIATION An organization of persons. CORPORATION An association of persons created by law and existing as an entity with powers and liabilities independent of those of its members. DUMPSTER A storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents. FIRM The name under which a company transacts business, a business partnership of two or more persons. PARTNERSHIP Two or more persons contractually associated as joint principals in a business. PERSON A human being; an individual of either sex. § 99-32. Requirements for dumpsters placed upon streets or walkways. A. No dumpster shall be permitted upon a Borough street when use of off-street parking or yard space is practicable as determined by persons charged with enforcement of this article. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 15 of 18 B. The following requirements shall apply to any dumpster placed upon any street in the Borough: (1) Reflectors shall be placed upon all four sides of the dumpster, each side containing a minimum of four reflectors, to make the dumpster visible at night. (2) Each of the dumpster rollers or wheels (if any) must be placed upon a wood pad at least 3/4 of an inch in thickness so as not to damage the road surface in the Borough. (3) The dumpsters shall not extend more than eight feet into the street from the curb and shall be no longer than 20 feet in length. (4) There must not be any defect or faulty design in the dumpster or container which would create a hazard to the general public. (5) The placement of the dumpster shall not block the flow of vehicular traffic or pedestrian traffic and shall not be loaded in such a manner as to cause its contents to spill onto the street or sidewalk areas. (6) Dumpsters must be conspicuously marked with the name, address and phone number of its owner. (7) The use of the dumpster must not create offensive odors or a health hazard. (8) A permit for the placement of a dumpster must be secured from the Borough of Shippensburg. (9) Prior to placement, notification must be made to the Fire Departments and the Police Department of the Borough of Shippensburg. (10) It shall be the responsibility of the permit holder to contact the dumpster owner to have a filled dumpster emptied by the lessee in a timely manner, that is within two business days of notification. (11) Upon removal of the dumpster, the area where the dumpster was located must be free of all debris, which shall include flushing or washing the area, if necessary. (12) Damage to street, sidewalks or other public property, caused by the placement of the dumpster, shall be repaired by the dumpster owner within 10 days of removal. (13) All placement locations shall be approved by the enforcement officer(s). Where parking spaces are marked on the street the dumpster must be within the width and length of the marked space. In no circumstance shall a dumpster utilize more than two parking spaces. If two spaces are utilized the permit fee will double. (14) No person shall cause or permit the placement of a dumpster within 15 feet of any fire hydrant or building or structure or within 30 feet of any crosswalk and/or intersection. § 99-33. Enforcement. Enforcement of this article shall be by the Sanitation Foreman, Code Enforcement Officer, Chief of Police or the Borough Manager. § 99-34. Permit fees. A. The cost of each permit shall be $5 and the permit shall be valid for a period of 30 days from its issuance. In addition, there will be a parking fee (per space occupied) of $0.80 per day/$4 per week for any dumpster which is located in the areas with parking meters. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 16 of 18 B. A permit may be renewed for up to two additional thirty-day periods, not to exceed a total of 90 days. The timeframe may be extended by approval of the Shippensburg Borough Council. A written request, for Council's consideration, from the permit holder must be addressed to Council, stating the reason for the time extension. C. Upon the expiration of the permit, the permit holder shall remove or cause to be removed the dumpster from the street, highway, sidewalks or public rights-of-way. D. In the opinion of the enforcement officer, when a dumpster is overflowing, causing a sanitary condition, or has violated any provision under Article IV of Chapter 99, it may be ordered removed by the enforcement officer, with any and all costs associated with such action levied on the permit holder. § 99-35. Revocation of permit. Any permit granted pursuant to Article IV of Chapter 99 may be revoked by the Codes Department if: A. The permit holder has made a false statement in his application. B. The permit holder fails to conform to the provisions of this chapter. § 99-36. Emergencies. Should the Borough declare a state of emergency, the Borough reserves the right to contact the dumpster owner to have the dumpster removed from the street, at the expense of the permit holder. § 99-37. Violations and penalties. Any person, partnership or corporation violating any provisions of this article shall, upon conviction in summary proceedings, be sentenced to pay a fine of not less than $300 nor more than $1,000 per offense and, in default of the payment of such fine, may be imprisoned for a period of not more than 90 days. Each day of violation shall be considered a separate and distinct offense. Article V. Compost Facility [Adopted 9-19-2006 by Ord. No. 806, approved 9-19-2006] § 99-38. Residential registration required for use. A. Anyone wanting to utilize the compost facility must register at the Borough Office or at the site. Procedure for registration: (1) A current driver's license with photo ID; and (2) Proof of residency in one of the municipalities listed under the "Compost Site Rules." B. Once identification and residency are established, the Borough will issue a compost facility pass. Said pass will be valid from January 1 to December 31 of the current year. C. All individuals with a valid driver's license residing in the same household may utilize the same pass as long as all names are provided at the time of registration. D. The fee for the pass shall be set by the Shippensburg Borough Council, by resolution from time to time. The fee will not be prorated. The fee for Borough residents is included in the current recycling fees assessed on a quarterly basis. E. Admittance to the compost facility will only be granted by producing a current driver's license, as defined above, and a current compost facility pass. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 17 of 18 F. Lost passes will be replaced, once only, at half the current fee rate. G. The pass is not transferable. Anyone using the pass, other than the individual(s) issued the pass, will constitute banning the permittee from use of the facility for a period of one year from the time of occurrence. § 99-39. Commercial and institutional registration. A. Any commercial landscaper, or other commercial and institutional entity, wanting to utilize the compost facility, must register at the Borough Office or at the site. Procedure for registration: (1) A current driver's license with photo ID of the owner; and (2) Provide a list of all employees that will be dropping off material for composting. The list shall include the employees' name and drivers' license numbers. The list shall also include the name, address and phone number of the company, as well as the license plate number of each vehicle. B. Once this information is provided, the Borough will issue a compost facility punch pass. Said pass will be valid from January 1 to December 31 of the current year. C. The fee a commercial or institutional entity is charged to utilize the compost facility shall be set by the Shippensburg Borough Council, by resolution, from time to time. The fee will not be prorated. D. Admittance to the compost facility will only be granted by producing a current driver's license, as defined above, and a current compost facility pass. § 99-40. Compost site rules. Compost site rules are as follows: A. Must be a resident of the Borough of Shippensburg, Southampton Franklin Township, Southampton Cumberland Township, or Shippensburg Township, or other municipalities as approved by the Shippensburg Borough Council, by resolution, from time to time. [Amended 1-19-2010 by Ord. No. 852, approved 1-19-2010] B. Leaves, shrubbery clippings, brush, garden and yard waste is acceptable. C. Grass clippings, garbage, dirt, stones, fruits WILL NOT BE ACCEPTED. D. No logs over eight inches in diameter or more than six feet in length and no tree stumps will be accepted. E. No bags or containers are to be left at the site. F. Any questions, please ask the attendant. G. Hours of operation. (1) The compost site will be open the following times: (a) December, January, and February: Tuesday and Thursday, 11:00 a.m. to 2:30 p.m. (b) December only: first and second Saturday, 10:00 a.m. to 2:30 p.m. (c) March, April, October, and November: Tuesday and Thursday, 2:00 p.m. to 6:00 p.m.; Saturday, 9:00 a.m. to 3:00 p.m. http://www.ecode360.com/print/SH07563/12/2012 Borough of Shippensburg, PAPage 18 of 18 (d) May through September: Tuesday and Thursday, 2:00 p.m. to 8:00 p.m.; Saturday, 9:00 a.m. to 3:00 p.m. (2) The above times may be changed by the Shippensburg Borough Council, by resolution, from time to time. § 99-41. Buying compost and/or mulch. A. One does not have to be registered to purchase the compost and/or mulch. However, preference will be given to those customers that are registered. B. Compost and mulch may be purchased Monday through Friday between the hours of 10:00 a.m. to 2:30 p.m., and the first and third Saturdays of April, May and June, between the hours of 9:00 a.m. and 2:00 p.m. C. The cost for compost and mulch shall be set by the Shippensburg Borough Council, by resolution, from time to time. § 99-42. Fees. Fees for use of the compost facility shall be as follows: A. Utilization fee. (1) Residential pass: $20 annually. (2) Commercial and institutional pass: $100; good for 10 punches; one punch equals one cubic yard. B. Charge for screened compost. (1) With pass: $10 per cubic yard. (2) Without pass: $15 per cubic yard. C. Mulch. (1) With pass: $2 per cubic yard. (2) Without pass: $5 per cubic yard. § 99-43. Violations and penalties. Any person, partnership or corporation violating any portions of this article shall, upon conviction in a summary proceeding, be sentenced to pay a fine of not less than $300, not more than $1,000 per offense and, in default of the of the payment of such fine, may be imprisoned for a period of not more than 90 days. Each day of violation shall be considered a separate and distinct offense. http://www.ecode360.com/print/SH07563/12/2012