HomeMy WebLinkAboutBloomsburg Waste-Recycling Ordinance
CHAPTER 20
SOLID WASTE
PART 1
COLLECTION, STORAGE, TRANSPORTATION, PROCESSING AND DIS-
POSAL OF MUNICIPAL SOLID WASTE AND MANDATORY RECYCLING
PROGRAM
A.
~20-101.
~20-102.
~20-103.
~20-104.
~20-105.
~20-106.
~20-107.
~20-108.
~20-109.
~20-110.
B.
~20-111.
~20-112.
~20-113.
~20-114.
~20-115.
~20-116.
~20-117.
~20-118.
C.
~20-121.
~20-122.
~20-123.
~20-124.
~20-125.
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General
Scope.
Definitions.
Dumping/litter.
Preparation and storage of municipal waste.
Required collection and hours of collection.
Transportation of municipal waste.
Dumpster permits.
Public litter baskets.
Property owners to furnish name and address of collector.
Disposal of leaf waste.
Recycling
Separation of recyclables.
Disposal or placement for removal of recyclables - residential
(other than multifamily housing properties).
Disposal or placement for removal of recyclables - multifamily
hous-ing properties.
Disposal or placement for removal of recyclables - commercial,
mu-nicipal, institutional and community activities.
Recycling plan and reports for multifamily housing properties.
Recycling plan and reports for commercial, municipal and institu-
tional establishments and community activities.
Collection by unauthorized persons.
Presumption of ownership of municipal waste.
Collectors' Duties
Authorization of collectors.
Responsibilities of private haulers collecting within the town.
Recycling fee.
Agreement between Columbia county and Bloomsburg.
Private haulers to provide recyclable removal service for multi-
family housing properties and commercial, municipal and institu-
tional establish-ments and properties.
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~20-126.
~20-127.
~20-128.
D.
~20-131.
Private haulers not to accept unlawfully disposed of recyclables.
Unlawful to terminate services of private hauler for compliance
with this part.
Private Haulers to Provide White Goods Removal Service.
Miscellaneous Provisions
Violations and penalties.
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(20, PART 1)
PART 1
COLLECTION, STORAGE, TRANSPORTATION, PROCESSING AND DIS-
POSAL OF MUNICIPAL SOLID WASTE AND MANDATORY RECYCLING
PROGRAM
A. General
~20-101. Scope.
This Part shall govern and control all aspects of the collection, storage, transportation,
processing and disposal of municipal waste and recycling in the Town of Bloomsburg. It
contains regulations applicable to haulers of municipal waste, collectors of recyclables,
individuals, commercial, municipal and institutional establishments and community
activities.
(Ord. 862, 6/9/2003, ~ 1)
~20-102. Definitions.
As used in this Part, the following terms shall have the meanings indicated:
AGENT - one who performs an act for his immediate family or for another person
gratuitously (without any form of monetary or material compensation therefore).
ALUMINUM CANS - empty, all-aluminum beverage and food containers.
AUTHORIZED COLLECTOR - a private hauler (as defined herein) or a person
who, being so authorized by the terms of this Part, removes municipal waste or
recyclables from his own premises, as owner of the building or commercial, mu-
nicipal or institutional establishment or community activity conducted therein, or
as an agent (as defined herein) of another person.
BIMETALLIC CANS - empty food or beverage containers consisting of both steel
and aluminum.
COLLECTOR - a general term referring to any person who collects, for removal
from premises, municipal waste or recyclables.
COMMERCIAL - of or pertaining to any wholesale, retail, industrial, manufac-
turing, transportation or financial or professional service or office enterprise,
business or establishment.
COMMERCIAL, INSTITUTIONAL, MUNICIPAL SOURCE of WASTE GEN-
ERATION - a store, office, commercial establishment, industrial establishment or
a municipal or institutional establishment which generates waste.
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COMMUNITY ACTIVITY - an activity or event sponsored or organized by a pub-
lic or private nonprofit organization for recreational, educational, cultural or civic
purposes, which may be attended by members of the public, whether or not an en-
trance or participation fee is charged therefore.
CORRUGATED PAPER - structural paper material with an inner core shaped in
rigid parallel furrows and ridges, of the type normally used to make packaging
cartons and boxes.
CURBSIDE COLLECTION - a method of collection of residentially generated re-
cyclables by which the owners or occupants of certain residential properties may
dispose of their recyclables by placing them at curbside (or similar place along the
public right-of-way fronting along their property), at times designated by the
Bloomsburg Town Council, for collection and removal by an authorized collector
thereof for delivery to a recycling center.
DISPOSAL - the incineration, deposition, injection, dumping, spilling, leaking or
placing of municipal waste into or on the land or water in a manner such that the
municipal waste or a constituent thereof enters the environment, is emitted into
the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA - any site, location, area, building, structure, transfer station
or premises to be used for municipal waste disposal.
DORMITORY SOURCE of WASTE GENERATION - a structure containing one
or more rooms used for living and sleeping purposes having no kitchen or kitchen-
ette with fixed cooking facilities. This term does not include a hotel or motel or
similar place of transient lodging.
DWELLING UNIT - one or more rooms, including an apartment, used for living
and sleeping purposes, having a kitchen or kitchenette with fixed cooking facili-
ties and a bathroom with a toilet and bathtub or shower. This term does not in-
clude a room within a dormitory, boarding house or hotel (or similar place oftran-
sient lodging).
DWELLING UNIT SOURCE of WASTE GENERATION - a dwelling unit.
GARBAGE - all putrescible animal and vegetable matter resulting from the han-
dling, preparation, cooking and consumption of food.
GLASS CONTAINERS - all empty food and beverage jars or bottles made from
silica or sand, soda ash and limestone, the product being transparent or translu-
cent (either clear, green or brown); excluding, however, blue glass, flat glass, plate
glass, glass commonly known as window glass, automotive glass and ceramic and
porcelain products.
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HIGH-GRADE OFFICE PAPER - any white paper other than newsprint, maga-
zines or other chemically coated paper or corrugated paper, of the type commonly
used for letter-writing stationery, note paper, plain paper photocopying machines,
computer printers and other general-purpose paper, whether or not any printed or
written matter is contained thereon.
INSTITUTIONAL - of or pertaining to any establishment engaged in service to
persons including, but not limited to, hospitals, nursing homes, orphanages,
schools, universities, churches and social or fraternal societies and organizations.
LANDLORD - the owner of residential property, or such owner's authorized
agent.
LEAF WASTE - leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings and similar material capable of compost-
ing, but excluding grass clippings.
MAGAZINES - printed matter, also known as periodicals, containing miscellane-
ous written pieces published at fixed or varying intervals, printed on glossy or
chemically coated paper. Expressly excluded are newspapers and all other paper
products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTY - a type of residential property either
under single ownership or organized as a condominium or cooperative form of
housing, which contains five or more dwelling units.
MUNICIPAL - of or pertaining to any office or other property under the control of
any branch or arm of the Federal government of the United States of America, the
Commonwealth of Pennsylvania or any political subdivision of the Commonwealth
of Pennsylvania including, but not limited to, the Town of Bloomsburg, any coun-
ties, cities, boroughs, townships and municipal authorities.
MUNICIPAL WASTE - an all-encompassing, most general term meaning any
garbage, refuse, industrial lunchroom or office waste and other material, includ-
ing solid, liquid, semisolid or contained gaseous material, resulting from operation
of residential, municipal, commercial or institutional establishments and from
community activities, except farm-produced manure, other agricultural waste and
food processing waste used on land where such materials will improve the condi-
tion of the soil, the growth of crops or the restoration of the land for the same pur-
poses, and any sludge not meeting the definition of "residual or hazardous waste"
as defined in Commonwealth of Pennsylvania Solid Waste Management Act, but
excluding recyclables.
NEWSPAPER - paper of the type commonly referred to as "newsprint" and dis-
tributed at fixed or stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other matters of
public interest. The term "newspaper" expressly excludes magazines, glossy or
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SOLID WASTE
other chemically coated paper, office paper and any other paper products of any
nature.
PERSON - any individual, partnership, corporation, association, institution, co-
operative enterprise, municipality, municipal authority, Federal government or
agency, State institution or agency or any other legal entity whatsoever which is
recognized by law as the subject of rights and duties. In any provisions of this
Part prescribing a fine, imprisonment or penalty, or any combination of the fore-
going, the term "person" shall include the officers and directors of any corporation
or other legal entity having officers and directors.
PLASTIC BEVERAGE CARRIER - plastic rings or similar plastic connectors
used as holding devices in the packaging of beverages including, but not limited
to, all carbonated beverages, liquors, wines, fruit juices, mineral waters, soda and
beer.
PLASTIC CONTAINERS - empty plastic food and beverage containers, the spe-
cific types of which may, from time to time, be designated by resolution of the
Bloomsburg Town Council.
PLASTIC #1 (PET) CONTAINER - plastic containers imprinted with the SPI code
No.1, such as beverage bottles, dishwashing soap bottles, shampoo bottles and
similar items.
PLASTIC #2 (HDPE) CONTAINER - plastic containers imprinted with SPI code
No.2, such as plastic milk jugs, water bottles, detergent bottles and similar items.
Motor oil bottles are not acceptable.
PRIVATE HAULER - a person licensed by the State per the amended Title 27
(Environmental Resources), Waste Transportation Safety Program, of the Penn-
sylvania Consolidated Statutes, to collect, haul, transport and dispose of munici.
pal waste and/or recyclables. All such haulers shall comply with the provisions of
the aforementioned program, as well as all Federal, State and local laws, rules
and regulations.
PROCESSING - any technology used for the purpose of reducing the volume or
bulk of municipal waste or any technology used to convert part or all of such
waste materials for offsite reuse. Processing facilities include, but are not limited
to, transfer stations, composting facilities and resource recovery facilities.
RECYCLABLES - materials designated as recyclable in this Part or required by
the terms of this Part (or any amendment hereto) to be kept separate from mu-
nicipal waste and recycled.
RECYCLING - the collection, separate maintenance, separation, recovery and
sale or reuse of recyclables which would otherwise be disposed of or processed as
municipal waste, or the mechanized separation and treatment of municipal waste
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(other than through combustion) and creation and recovery of reusable materials
other than a fuel for the operation of energy.
RECYCLING CENTER - a facility designed to, and which does, act as a collection
center for the processing, storage and shipment of recyclables. The term specifi-
cally excludes transfer stations and landfills for solid waste and composting facili-
ties and resource recovery facilities and specifically excludes charitable organiza-
tions that accept recyclables for collection but do not process such recyclables.
RESIDENTIAL - of or pertaining to any dwelling unit used as a place of human
habitation and which is not commercial, municipal, institutional or a community
activity. Home occupations incidental to a residential use within a building are
considered "residential."
RESOURCE RECOVERY FACILITY - a processing facility that provides for the
extraction and utilization of materials or energy from municipal waste that is
generated offsite including, but not limited to, a facility that mechanically extracts
materials from municipal waste, a combustion facility that converts the organic
fraction of municipal waste to usable energy and any chemical and biological
process that converts municipal waste into a fuel product. The term also includes
any facility for the combustion of municipal waste that is generated offsite,
whether or not the facility is operated to recovery energy. The term does not in-
clude:
(1) Any compo sting facility.
(2) Methane gas extraction from a municipal waste landfill.
(3) Any separation and collection center, drop-off point or collection center for
recycling or any source separation or collection center for composting leaf
waste.
(4) Any facility, including all units in the facility, with a total processing capac-
ity of less than 50 tons per day.
RUBBISH - leaves, branches, trees, sawdust, chips, shavings, wood, woodenware,
leather, rags, grass, straw, manure and all solid combustible matter not included
in this Section under the definition of "garbage."
STATE - the Commonwealth of Pennsylvania.
STEEL CANS - empty food or beverage containers made of steel, tin-coated steel
or other ferrous metal food or beverage containers.
STORAGE - the containment of any municipal waste on a temporary basis in
such a manner as not to constitute disposal of such municipal waste. It shall be
presumed that the containment of any municipal waste in excess of 1 year consti-
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SOLID WASTE
tutes disposal. This presumption can only be overcome by clear and convincing
evidence to the contrary.
STRUCTURE - anything constructed or erected, the use of which requires a per-
manent location on the land or that is attached to something having a permanent
location of the land.
TOWN - the Town of Bloomsburg, Columbia County, Pennsylvania.
TRANSPORTATION - the offsite removal of any municipal waste at any time af-
ter generation thereof.
WASTE - a material whose original purpose has been completed and which is di-
rected to a disposal or processing facility or is otherwise disposed of. The term
does not include source-separated recyclable materials or material approved by
the Commonwealth of Pennsylvania Department of Environmental Protection for
beneficial use.
(Ord. 862, 6/9/2003, ~2)
~20-103. Dumping/litter.
1. It shall be unlawful for any person to store, dump, discard or deposit, or to permit
the storage, dumping, discarding or depositing of, any municipal waste or recycla-
bles upon the surface of the ground or underground within the jurisdictionallim-
its of the Town, except in proper containers for purposes of storage or collection,
and except where the waste or recyclables are of such size or shape as not to per-
mit their being placed in such containers. It shall be unlawful for any person to
dump or deposit any municipal waste or recyclables in any stream or body of wa-
ter within the jurisdictional limits of the Town.
2. Every owner of property or occupant thereof responsible for such property's day-
to-day operation or maintenance shall pick up and discard in an appropriate re-
ceptacle any municipal waste, recyclables or other debris deposited or accumu-
lated on the sidewalk or gutter area in front of or adjacent to such property. All
owners or operators of commercial, industrial, institutional and municipal estab-
lishments in the Town's downtown business district shall take all reasonable pre-
cautions to prevent the deposition and accumulation of debris in front of their
premises, and in furtherance of that end, may place appropriate waste containers
on the sidewalks in front of or adjacent to their premises at a point which will not
create a hazard to traffic or pedestrians. Any such receptacles so placed shall be
emptied on a regular basis and maintained in a neat and clean appearance.
3. Nothing contained herein shall be deemed to prohibit any person from hauling
municipal waste on an irregular and unscheduled basis to any facility permitted
by the Commonwealth of Pennsylvania, Department of Environmental Protection
and listed as designated facility in the Columbia County Solid Waste Plan, pro-
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vided that such hauling shall be in addition to, and not in place of, the regular
removal of municipal waste as required in ~20-105, below.
4. Nothing contained herein shall prohibit a farmer from carrying out the normal
activities of his farming operation, including composting and spreading of manure
or other farm-produced agricultural wastes.
(Ord. 862, 6/9/2003, ~3)
~20-104. Preparation and storage of municipal waste.
1. The storage of all municipal waste shall be practiced so as to prevent the attrac-
tion, breeding or harborage of insects or rodents and to prevent conditions which
may create potential hazards to the public health or which may create fire and
other safety hazards, odors, unsightliness or public nuisance.
2. Any person accumulating or storing municipal waste on private or public property
in the Town for any purpose whatsoever shall place the same, or cause the same
to be placed, in sanitary closed or covered containers in accordance with the fol-
lowing standards:
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A.
Containers used for the storage of municipal waste shall be of metal, plastic
or fiberglass construction, rust and corrosion resistant, equipped with lids
and waterproof and leakproof (except that lids shall be optional on large
bulk containers commonly known as dumpsters).
B.
All garbage shall be drained of excess liquids and wrapped in paper or be
placed in plastic bags before being placed in the waste storage containers
described above, and all ashes shall be free of any burning material before
being deposited for collection.
C.
No person, except the occupants of the property on which a waste container
is placed, an authorized private hauler and the Town Code Enforcement Of-
ficer shall remove the lids of the container and/or remove the contents
thereof.
D.
All hazardous waste including, but not limited to, municipal waste of a
highly flammable or explosive nature or highly infectious or contagious mu-
nicipal waste, shall not be stored for ordinary collection, but shall be spe-
cially disposed of in accordance with the directions of the Town or of any
State or Federal authority having jurisdiction thereof.
E.
Containers, other than bulk containers, shall be placed at such locations as
may be agreed upon by the person and the authorized private hauler.
F.
Bulk containers (such as dumpsters) shall be placed, whenever possible, at
ground level and at a point on the property being serviced by the collector
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which will enable clear and easy access to the container by the collector's
vehicle.
G. Bulk containers shall not be permitted to overflow or to have waste strewn
or left about them on the ground. A violation of this provision shall be
deemed a violation of this Part by the person on whose property the bulk
container is located, if it is located on private property.
(Ord. 862, 6/9/2003, ~4)
~20-105. Required collection and hours of collection.
1. All owners of property within the Town of Bloomsburg shall provide for the regu-
lar preparation, collection and removal of all municipal waste generated at such
properties in one of the approved manners set forth herein.
2. If a person or establishment (being so authorized by the terms hereof) collects and
removes their own municipal waste, they shall do so at intervals short enough to
prevent accumulations of refuse or garbage that may be unsafe, unsightly or po-
tentially harmful to the public health. Any municipal waste so removed shall be
disposed of only in the manner required by ~20-124, below.
3. Every owner or occupant of residential property and every other person who, or
establishment which, does not collect and remove their own municipal waste, as
aforesaid, shall contract with a private hauler for the regular, scheduled collection
and removal of the municipal waste at least once each week. Municipal waste
shall be prepared for collection and be collected and removed from such persons'
or establishments' properties at least once each week, except where conditions be-
yond the control of the private hauler prevent it.
4. No person other than a private hauler shall collect or remove municipal waste
from any other person's property. All agreements for collection, transportation
and disposition of municipal waste shall be by private contract between the owner
or occupant of the property where the waste is generated and the private hauler
who is to collect such waste.
5. Private haulers shall collect municipal waste and recyclables from properties
within the Town limits only between the hours of 5 a.m. and 5 p.m. on any given
day.
6. Nothing herein shall limit the right of the Town to implement public collection of
municipal waste or residential recyclables either by entering into contracts or by
engaging in any collection practice permitted by law.
7. Nothing in this Section shall modify the requirements in this Part pertaining to
separation and disposal of recyclables. Nothing in this Section shall impair the
ability of the Town to provide a system of placement for removal and public collec-
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(20, PART 1)
tion of leaf waste, or for Town residents to utilize such system of public collection
ofleaf waste, anything herein contained to the contrary notwithstanding.
(Ord. 862, 6/9/2003, ~5)
~20-106. Transportation of municipal waste.
1. Any person transporting municipal waste or recyclables within the Town shall
prevent or remedy any spillage from vehicles or containers used in the transport
of such municipal waste or recyclables.
2. All persons authorized to collect municipal waste or recyclables shall do so in ve-
hicles that are provided with either closed, covered containers or which have
measures taken to prevent waste from being blown or falling from the vehicle.
3. The transfer of waste or recyclables from one collection vehicle to another may not
take place in the Town of Bloomsburg, except on private property in those areas of
the Town which are located within the Industrial Park zoning districts. No such
transfer may take place onany public right-of-way and no such transfer operation
may block traffic, create litter or in any other manner constitute a nuisance, cre-
ate a health hazard or violate any other ordinance of the Town or provision of
statutory law.
(Ord. 862, 6/9/2003, ~6)
~20-107. Dumpster permits.
Any collector or other person who desires to place any large bulk container, commonly
known as a dumpster, on a street or other public right-of-way in the Town of Blooms-
burg shall, prior to such placement, obtain from the Town of Bloomsburg Police De-
partment a permit authorizing such placement. One such permit shall be obtained for
each dumpster to be placed on any public street or right-of-way. A fee shall be collected
by the Town of Bloomsburg Police Department for each such permit issued, in an
amount to be established, from time to time, by resolution of the Bloomsburg Town
Council. The permits required hereunder shall be in the form of a sticker or other device
capable of being affixed to the dumpster for which the permit is issued, and the permit
shall be so affixed to the dumpster by the permittee in accordance with instructions of
the Police Department pertaining thereto. The permits issued pursuant to this Section
shall be nontransferable and may be used only by the permittee to whom originally is-
sued, for the dumpster and at the location for which originally issued.
(Ord. 862, 6/9/2003, ~7)
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~20-108. Public litter baskets.
The Town is hereby authorized to collect municipal waste from Town property, to pro-
vide public litter baskets on sidewalks in the Town and to dispose of such waste in ei-
ther a receptacle of a private hauler or at designated disposal sites.
(Ord. 862, 6/9/2003, ~8)
~20-109. Property owners to furnish name and address of collector.
1. All owners of residential property within the Town of Bloomsburg shall furnish to
the Town, on a form to be provided therefore, the name and address of the private
hauler servicing the property in question.
2. The landlord of every multifamily housing property shall furnish such information
as is required of other residential properties, plus all other information which is
requested by the Town on a form to be provided therefore, in the manner required
by ~20-1l5, below.
3. Every commercial, municipal and institutional establishment and community ac-
tivity shall furnish information to the Town in the manner required by ~20-116,
below.
(Ord. 862, 6/9/2003, ~9)
~20-110. Disposal of leaf waste.
Leaf waste shall be kept separate from all other forms of municipal waste and separate
from recyclables and shall be disposed of in a manner to be designated from time to time
by resolution of the Bloomsburg Town Council.
(Ord. 862, 6/9/2003, ~ 10)
B. Recycling
~20-111. Separation of recyclables.
1. Recyclables shall be kept separate from and disposed of separately from municipal
waste, to the extent required by the following provisions:
A. Owners and occupants of all residential properties shall keep separate the
following recyclables:
(1) Clear glass containers.
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(20, PART 1)
(2) Brown glass containers.
(3) Green glass containers.
(4) Aluminum and bimetallic food and beverage cans.
(5) Steel food and beverage cans.
(6) Newspaper.
(7) Plastic #1 (PET) containers.
(8) Plastic #2 (HDPE) containers.
Owners or occupants of all residential properties shall separate the recycla-
bles listed above from municipal waste generated at residences and shall
store the materials until they are collected for recycling in accordance with
the provisions of~20-112 and ~20-113 below. An owner, landlord or agent of
an owner or landlord, of a multifamily housing property shall be deemed to
have complied with its separation responsibilities if it establishes a collec-
tion system at each property in accordance with ~20-113 below.
B. Owners and occupants of all commercial, municipal and institutional estab-
lishments and properties and sponsors or organizers of community activities
shall keep separate the following recyclables:
(1) Clear glass containers.
(2) Brown glass containers.
(3) Green glass containers.
(4) Aluminum and bimetallic food and beverage cans.
(5) Steel food and beverage cans.
(6) Corrugated paper and high-grade office paper.
(7) Newspaper.
Owners and occupants of all commercial, municipal and institutional estab-
lishments and properties and sponsors or organizers of community activities
shall separate the recyclables listed above from municipal waste generated
at the properties or locations of community activities, respectively, and shall
store the materials until they are collected for recycling in accordance with
the provisions of ~20.114 below. An owner, or agent of an owner, of a com-
mercial, municipal or institutional establishment or property, or a sponsor
or organizer of community activities, shall be deemed to have complied with
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its separation responsibilities if it establishes a collection system at each
property, or location of community activities, respectively, in accordance
with ~20-1l4 below.
2. Newspaper shall be placed in easy-to-manage bundles in paper bags or corrugated
paper boxes and kept dry. Glass containers shall be emptied, cleaned and sepa-
rated into clear, brown and green and double paper-bagged or placed in corru-
gated paper boxes. Food and beverage cans (including plastic, aluminum, steel
and bimetallic) shall be emptied, have both ends removed (if possible), cleaned
and placed in paper bags or corrugated paper boxes. Aluminum and bimetallic
cans may be mixed together, but steel cans and plastic containers shall be kept
separate. High-grade office paper shall be placed in boxes. Recyclables may be
placed in any type of rigid and waterproof open top container that does not exceed
30 gallons. Each category of recyclables listed in subsections (l)(A), (l)(B) and this
subsection shall be kept separate from one another.
(Ord. 862, 6/9/2003, ~ 11)
~20-112. Disposal or placement for removal of recyclables - residential (other
than multifamily housing properties).
1. For residential properties other than multifamily housing properties, all recycla-
bles which are required to be kept separate in residential properties pursuant to
~ 111(1)(A), above, shall be placed at the curbside to be collected at times desig-
nated by the Town. Materials not accepted at curbside may be taken directly to
Bloomsburg's recycling center.
2. The Town Councilor its agent is empowered to designate the day(s) of each month
on which recyclables shall be collected, removed and disposed of from a particular
area.
(Ord. 862, 6/9/2003, ~ 12)
~20-113. Disposal or placement for removal of recyclables - multifamily hous-
ing properties.
1. For multifamily housing properties, all recyclables which are required to be kept
separate in residential properties pursuant to ~20-111(1)(A) above, shall either be
delivered directly to a recycling center or shall be picked up by a private hauler
separately from municipal waste, in a prearranged manner, as shall be provided
in the recycling plan required pursuant to ~20-115 below.
2. Unless arrangements have been made in accordance with ~20-123(3), recyclables
generated in multifamily housing properties shall not be placed at the curbside for
collection by the Town or its agent, such curbside collection being intended solely
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for the placement of recyclables generated in residential properties other than
multifamily housing properties.
3. The landlord of every multifamily housing property shall require, by a clause in
the lease or other enforceable rule or regulation, that the tenants in such property
comply with the requirements of this Part governing separation and disposal or
placement for removal of recyclables in multifamily housing properties. Every
such landlord shall set up a convenient and practical system in such properties for
the collection, storage and regular disposal or placement for removal of recyclables
generated by the residents of such properties. A Code Enforcement Officer will
verify that a recycling system exists during annual inspection visits.
(Ord. 862, 6/9/2003, ~ 13)
~20-114. Disposal or placement for removal of recyclables - commercial, mu-
nicipal, institutional and community activities.
All recyclables which are required to be kept separate in commercial, municipal and in-
stitutional establishments and properties and community activities pursuant to ~20-
111(1)(B) above, shall either be delivered directly to a recycling center or shall be picked
up by a private hauler separately from municipal waste, in a prearranged manner, as
shall be provided in the recycling plan, required pursuant to ~20-116 below. Commer-
cial, municipal and institutional establishments and community activities shall not
place recyclables at the curbside for collection by the Town or its agent, such curbside
collection being intended solely for the placement of recyclables generated in residential
properties other than multifamily housing properties.
(Ord. 862, 6/9/2003, ~14)
~20-115. Recycling plan and reports for multifamily housing properties.
1. The landlord of every multifamily housing property shall annually complete a
form to be designated "Recycling Plan for Multifamily Housing Properties," to be
provided by the Town, on which the landlord shall set forth his planned method
for removal of recyclables. One such plan shall be completed and submitted for
each property. All pertinent information requested on the plan shall be provided
prior to submission. Each such recycling plan shall set forth the name and ad-
dress of the landlord, the address of the property to which the plan pertains, and
the name and address of the private hauler who regularly services the property.
The recycling plan shall further set forth the name and business address of the
employee or other person responsible for arranging disposal or removal of munici-
pal waste and recyclables within the property, the method by which recyclables
will be removed from the property, who will remove the recyclables and the desti-
nation of the recyclables. The recycling plan required hereby must be submitted
annually to the Town at its designated office and shall be acted upon and either
approved or disapproved by the Town's designated official within 60 days of
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proper filing thereof. If no action is taken within 60 days, then the plan shall be
deemed approved. Any person required by this Section to complete and submit a
recycling plan and obtain approval thereof, and who fails to do so, shall be guilty
of a violation of this Part. If, during any calendar year, the identity of the land-
lord, the method of disposing of recyclables or the identity of the private hauler
regularly servicing the property shall change, then the landlord of such multifam-
ily housing property shall, at the time of such change(s), submit a revised recy-
cling plan for the balance of the calendar year, accurately setting forth such
change(s).
2. In addition to the recycling plan, the landlord of every multifamily housing prop-
erty shall submit a form to be designated "recycling report" in accordance with the
following terms:
A. If the recyclables generated at the property in question are delivered or
taken to Bloomsburg's recycling center, then a recycling report, indicating
that the property's recyclables were delivered or taken there, shall be sub-
mitted annually to the Town at its designated office, on or before January
31, of each calendar year. In such cases, Bloomsburg's recycling center shall
be the agent of the property's landlord for purposes of reporting the actual
delivery of the property's recyclables to Bloomsburg's recycling center.
B. If the recyclables generated at the property in question are delivered or
taken to any facility other than Bloomsburg's recycling center, then a recy-
cling report and all weigh slips obtained from the facility or facilities to
which the recyclables were delivered or taken, shall be submitted quarterly
to the Town at its designated office. For purposes of submitting such weigh
slips quarterly to the Town, the collector who removed the recyclables from
the property shall be the agent for the landlord. Each such quarterly recy-
cling report shall be submitted on or before the twentieth day of the first
month of each quarter, for the preceding quarter. Quarters shall run on a
calendar-year basis, thus; January through March, April through June, July
through September and October through December.
(Ord. 862, 6/9/2003, ~ 15)
~20-116. Recycling plan and reports for commercial, municipal and institu-
tional establishments and community activities.
1. Every commercial, municipal and institutional establishment and community ac-
tivity sponsor or organizer shall annually complete a form to be designated "Recy-
cling Plan for Commercial, Municipal and Institutional Establishments and
Community Activities," to be provided by the Town, on which the establishment or
sponsor shall set forth its planned method for removal of recyclables.
A. On the recycling plan, each establishment shall set forth its name, the ad-
dress of the premises to which the plan pertains, the name and address of
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the building owner, the name and address of the private hauler who regu-
larly services the establishment, the method of municipal waste disposal
utilized by the establishment if no private hauler is used, and, in such case,
where the waste is disposed of.
B. The recycling plan shall further set forth the name and business address of
the employee or other person responsible for arranging disposal or removal
of municipal waste and recyclables within the establishment, the method by
which recyclables will be removed by the establishment, who will remove
the recyclables and the destination of the recyclables.
C. The operator of the business or other establishment occupying the premises,
whether or not such person is the owner of the building, shall be responsible
for filing the recycling plan. For community activities, the sponsor or organ-
izer shall be responsible for filing the recycling plan.
D. The recycling plan required hereby must be submitted annually to the Town
at its designated office and shall be acted upon and either approved or dis-
approved by the Town's designated official within 60 days of proper filing
thereof. If no action is taken within 60 days, then the plan shall be deemed
approved. Any person required by this Section to complete and submit a re-
cycling plan and obtain approval thereof, and who fails to do so, shall be
guilty of a violation of this Part.
E. If, during any calendar year, the identity of the commercial, municipal or
institutional establishment or community activity sponsor, the method of
removing recyclables, or the identity of the private hauler regularly servic-
ing the property shall change, then the establishment or sponsor shall, at
the time of such change(s), submit a revised recycling plan for the balance of
the calendar year, accurately setting forth the change(s).
2. In addition to the recycling plan, the operator of every commercial, municipal and
institutional establishment and the sponsor or organizer of every community ac-
tivity shall submit a form to be designated "recycling report" in accordance with
the following terms:
A.
If the recyclables generated at the property in question are delivered or
taken to Bloomsburg's recycling center, then a recycling report, indicating
that the property's recyclables were delivered or taken there, shall be sub.
mitted annually to the Town at its designated office, on or before January
31, of each calendar year. In such cases, Bloomsburg's recycling center shall
be the agent of the establishment or sponsor for purposes of reporting the
actual delivery of the establishment's or activity's recyclables to Blooms-
burg's recycling center.
B.
If the recyclables generated at the property in question are delivered or
taken to any facility other than Bloomsburg's recycling center, then a recy-
cling report and all weigh slips obtained from the facility or facilities to
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which the recyclables were delivered or taken, shall be submitted quarterly
to the Town at its designated office. For purposes of submitting such weigh
slips quarterly to the Town, the collector who removed the recyclables from
the property shall be the agent for the operator of the establishment or
sponsor of the activity. Each such quarterly recycling report shall be sub-
mitted on or before the twentieth day of the first month of each quarter, for
the preceding quarter. Quarters shall run on a calendar-year basis, thus;
January through March, April through June, July through September and
October through December.
(Ord. 862, 6/6/2003, ~ 16)
~20-117. Collection by unauthorized persons.
1. From the time of placement for collection of residentially generated recyclable
items for collection by the Town of Bloomsburg, whether the Town collects or con-
tracts for collection, in accordance with the terms of this Part, the items shall be
and become the property of the Town of Bloomsburg or its authorized agent. It
shall be a violation of this Part for any person unauthorized by the Town to collect
or pick up or cause to be collected or picked up any such items. Any and each such
collection in violation hereof from each location shall constitute a separate and
distinct offense punishable as hereinafter provided.
2. It shall be unlawful for a person to collect, remove or dispose of municipal waste
which contains recyclables, required by that person to be separated, combined
therewith.
(Ord. 862, 6/9/2003, ~ 17)
~20-118. Presumption of ownership of municipal waste.
The presence of any articles containing a person's name among municipal waste or recy-
clables shall create a rebuttable presumption, for purposes of this Part, that said mu-
nicipal waste or recyclables are the property of the person whose name is found therein.
This presumption can only be rebutted by clear and convincing evidence to the contrary.
(Ord. 862, 6/9/2003, ~ 18)
C. Collectors' Duties
~20-121. Authorization of collectors.
With the exception of those persons who directly deliver (self. haul) their municipal
waste and/or recyclables, it shall be unlawful for any person, other than such persons as
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are duly authorized by the State, to collect and to transport municipal waste of any na-
ture or recyclables within or from the Town.
(Ord. 862, 6/9/2003, ~ 19)
~20-122. Responsibilities of private haulers collecting within the town.
1. All private haulers shall have an affirmative duty to follow and conduct them-
selves in accordance with their current license or permit, as provided by the State,
and to service each of their customers in accordance with each customer's recy-
cling plan (where applicable), failure of which shall be a violation ofthis Part.
2. All private haulers contracted for the collection of municipal waste within the
Town shall offer such customers the service of recyclables collection as described
in ~20.125 below. Failure to offer such customers recyclables collection shall be a
violation of this Part.
3. Private haulers shall have the window sticker issued for each vehicle with the li-
cense displayed on the vehicle for which it is issued as directed by the amended
Title 27 (Environmental Resources), Waste Transportation Safety Program, of the
Pennsylvania Consolidated Statutes.
4. Private haulers shall have placed on the doors or each side of the body of each ve-
hicle the name of the hauler, the telephone number of the hauler's office or head-
quarters, and the type of waste being transported therein (or, ifrecyclables are be-
ing transported therein, then such to be indicated). The size of such lettering shall
be no less than 6 inches in height and clearly legible. Vehicles shall be so marked
within 10 days after the commencement oftheir use in the Town.
5. Private haulers shall be responsible for maintaining each vehicle used for collec-
tion in the Town in good operating condition to assure that the schedule of collec-
tions can be maintained. The vehicles must be kept clean and painted so as to
present a favorable appearance. The Town shall have the right to inspect all vehi-
cles collecting municipal waste and/or recyclables within the Town.
6. Private haulers shall be responsible for the manner in which their employees per-
form work pertaining to collection, hauling and disposal of municipal waste and
recyclables under the terms of this Part.
7. Private haulers shall comply with the limitations on hours of collection set forth in
~20-105 of this Part.
8. Private haulers shall pay all costs charged for the use of any disposal facilities
which he utilizes.
9. Private haulers shall empty bulk containers (such as dumpsters) which have been
provided by them to their customers when such bulk containers become full.
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10. Upon request of the Town, a private hauler shall provide to the Town, or make
available for inspection and copying by the Town, any and all of the private
hauler's records, pertaining to customer lists, collection records and weight slips
and receipts from landfills, transfer stations and recycling centers (as applicable).
The Town shall have the right to request and receive such records to the extent it
may deem same to be necessary to the furtherance of the purposes, administration
and enforcement of this Part. Once a written request for records is made by the
Town pursuant hereto, the private hauler to whom the request is directed shall
comply therewith and supply the requested records in accordance herewith within
10 calendar days from the date ofthe request, failure of which shall be a violation
of this Part.
(Ord. 862, 6/9/2003, ~20)
~20-123. Recycling fee.
1. Owners of multifamily housing property may elect to have recyclable materials
collected by the Town in a manner established by Town Council.
2. All owners of residential properties except multifamily household properties who
are required to recycle pursuant to this Part shall pay to the Town a recycling fee
for each dwelling unit in the property in an amount and in a manner as deter-
mined, from time to time, by resolution of Town Council.
3. All owners of multifamily housing property who elect to have the Town collect its
recyclable materials shall pay to the Town a recycling fee for each dwelling unit in
the property in an amount and in a manner as determined, from time to time, by
resolution of Town Council.
(Ord. 862, 6/9/2003, ~21)
~20-124. Agreement between Columbia county and Bloomsburg.
1. All collectors and/or haulers of municipal solid waste who handle such waste
which has as its place of origin the Town shall deliver such waste only to solid
waste facilities or transfer stations designated in the Columbia County Solid
Waste Plan from which it will thence be disposed of at Columbia County desig-
nated facility. In the event no Columbia County designated facilities can accept
certain waste (e.g., hazardous waste), then such waste shall be properly disposed
of at any permitted facility which accepts such waste.
2. As a condition of such collectors and/or haulers right to collect and haul such
wastes, such collectors and/or haulers shall pay to Columbia County designated
facilities upon such terms of cash and/or credit as Columbia County designated fa-
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cilities shall approve all fees charged by Columbia County designated facilities in
connection with the disposal of the collectors and/or haulers solid waste.
3. All haulers and/or collectors of municipal solid waste generated in the Town will
be permitted to deliver and deposit such waste at Columbia County designated fa-
cilities only during the period of time that such collectors and/or haulers have is-
sued to them a valid existing license issued by the State. Such license shall be a
prerequisite of any depositing of such municipal waste in Columbia County desig-
nated facilities.
4. All collectors and/or haulers of municipal solid waste generated in the Town must
comply with all regulations listed in the Columbia County Solid Waste Plan.
5. It is the intention of this Section that all collectors and/or haulers of municipal
solid waste generated in the Town shall deliver such waste only to municipal solid
waste facilities, in accordance with the terms of the Columbia County Solid Waste
Plan for so long as the said Plan shall be in force and effect. Any collector and/or
hauler of municipal solid waste which has as its place of origin the Town, who de-
livers such waste to any solid waste facility or facilities other than Columbia
County designated municipal facilities shall be in violation of this Part. Any col-
lector and/or hauler who violates any of the terms of this Section shall be subject
to any other applicable penalties which may be imposed by the Town of Blooms-
burg.
(Ord. 862, 6/9/2003, ~22)
~20-125. Private haulers to provide recyclable removal service for multifamily
housing properties and commercial, municipal and institutional establish-
ments and properties.
Every private hauler shall be required to provide to its commercial, municipal, institu-
tional and multifamily housing property customers the service of removing recyclables
from their properties. Any such recyclables so removed by private haulers shall be kept
separate from municipal waste and shall be taken to a recycling center.
(Ord. 862, 6/9/2003, ~23)
~20-126. Private haulers not to accept unlawfully disposed of recyclables.
No private hauler shall accept, pick up or remove any bag or other container of munici-
pal waste which the hauler knows, or has reason to believe contains recyclables, re-
quired to be separated, combined with municipal waste or placed for collection as and
with municipal waste. Upon discovery of such recyclables combined with municipal
waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or
sticker to the container containing the recyclables (which tag or sticker will be provided
by the Town), retain a duplicate for his records and deliver a triplicate to the designated
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office of the Town within 48 hours. When the hauler utilizes a tag or sticker pursuant to
this Section, he shall fill in the information requested thereon, including the address at
which the container is located and the nature of the suspected violation or the reason
which led him to know or believe the container contained recyclables (e.g., he saw news-
papers or he heard bottles rattling). The hauler shall leave such container with the tag
or sticker placed thereon where he found it.
(Ord. 862, 6/9/2003, ~24)
~20-127. Unlawful to terminate services of private hauler for compliance with
this part.
No person shall terminate the services of a private hauler because of such hauler's com-
pliance with the requirements set forth in ~20-126 above. No private hauler shall accept
as a new customer any person who has terminated the services of any other private
hauler for compliance with the provisions of ~20-126 above.
(Ord. 862, 6/9/2003, ~25)
~20-128. Private Haulers to Provide White Goods Removal Service.
All private haulers doing business within the Town of Bloomsburg shall make available
to their customers the service of removal of "white goods" (discarded major appliances,
television sets and similar articles).
(Ord. 862, 6/9/2003, ~26)
D. Miscellaneous Provisions
~20-131. Violations and penalties.
1. Any person who shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in de-
fault of payment of said fine and costs, to a term of imprisonment not to exceed 30
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. For
purposes of this Section, the doing of any act or thing prohibited by any provision
of this Part, or the failure to do any act or thing as to which any provision of this
Part creates any affirmative duty, shall constitute a violation of this Part, punish-
able as herein stated.
2. Private haulers who shall violate any provision of this Part may be reported to the
State of Pennsylvania Department of Environmental Protection, by the Town, and
may be subject to the revocation of the State authorization to transport municipal
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waste, as described in the amended Title 27 (Environmental Resources), Waste
Transportation Safety Program, of the Pennsylvania Consolidated Statutes.
(Ord. 862, 6/9/2003, ~27)
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