Part 1
Garbage, Rubbish and Refuse Waste Management
§20-101 Title.
This Part shall be known as the “Selinsgrove Borough Garbage, Rubbish and Refuse Management Ordinance.”
(Ord. 544, 11/5/1984, §82-1)
§20-102 Definitions.
As used in this Part, the following terms shall have the meanings indicated:
Applicant–a person applying for a license as a collector.
Authority–the Snyder County Solid Waste Management Authority. [Ord. 663]
Borough–Selinsgrove Borough, Snyder County, Pennsylvania.
Collector–a person licensed by the County, or designee, to collect, transport and dispose of municipal waste. [Ord. 663]
County–the Board of Commissioners of Snyder County, Pennsylvania. [Ord. 663]
Disposal–incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner that the municipal waste or a constituent of municipal waste 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.
Garbage–all putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
Glass containers–all products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter, and all other material commonly known as “glass”; excluding, however, blue and flat glass and glass commonly known as “window glass.”
Institutional establishment–any establishment engaged in service to persons, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
Municipal waste–any garbage, rubbish, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, except farm-produced manure, other agricultural waste and food-processing waste used on land where such materials will improve the condition of the soil, the growth of crops or the restoration of the land for the same purposes, and any sludge not meeting the definition of residual or hazardous wastes, as defined in Pennsylvania Act 97, 35 P.S. §6018.101 et seq.
Newspaper–paper of the type commonly referred to as “newsprint” and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals as well as all other paper products of any nature are not considered “newspaper.”
Person–any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, Federal government or agency, State institution and agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
Recyclables–material having an economic value in the secondary materials market. The following materials have such economic value: aluminum cans and articles, bimetal cans, glass containers, corrugated paper (cardboard and paper bags), magazines, computer printout paper, computer tab cards, office paper, steel cans, newspaper and paper products not chemically coated.
Refuse–garbage, rubbish and trade waste.
Storage–the containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of 1 year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
Transportation–the off-site removal of any municipal waste at any time after generation.
(Ord. 544, 11/5/1984, §82-2; as amended by Ord. 663, 8/4/1997, §3(b))
§20-103 Dumping.
1. Dumping upon or Underground Unlawful. It shall be unlawful for any person to store, dump, discard or deposit, or permit the storage, dumping, discarding or depositing of, any municipal waste upon the surface of the ground or underground within the jurisdictional limits of the Borough, except in proper containers for purposes of storage or collection and except where the waste is of such size or shape as not to permit its being placed in such containers.
2. Dumping in Streams or Bodies of Water Unlawful. It shall be unlawful for any person to dump or deposit municipal waste in any stream or body of water within the jurisdictional limits of the Borough.
3. Non-collectors May Transport Municipal Waste. Nothing contained herein shall be deemed to prohibit any person from hauling such municipal waste on an irregular and unscheduled basis to any facility permitted by the Commonwealth of Pennsylvania, Department of Environmental Protection. [Ord. 825]
4. Normal Farm Activities Permitted. Nothing contained in this Part 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. 544, 11/5/1984, §82-3; as amended by Ord. 825, 10/3/2016, §5(B))
§20-104 Authorization to Collect; Licenses; Regulations.
1. All fees charged for the licensing of collectors to operate in the Borough are hereby abolished as the legislature of the Commonwealth of Pennsylvania has deemed the county as the only local government agency that can license collectors unless the county designates otherwise, and the county has designated that the Authority shall be the licensor of all collectors operating in Snyder County, Pennsylvania.
2. Unauthorized collection of municipal waste for others is unlawful. It shall be unlawful for any person, except for those duly authorized, in writing, by the county or the Authority, to collect, transport and dispose of municipal waste of any nature within or from the Borough for others. However, persons who collect, transport and dispose of their own municipal waste are hereby authorized to do so, provided that they comply with all relevant provisions of this Part.
3. Authorization to collect municipal waste for persons other than oneself may only be given by the county or the Authority through the issuance of a municipal waste collection license. Each year, collectors of municipal waste shall deliver a copy of their licenses to the Borough’s office for its records.
(Ord. 544, 11/5/1984, §82-4; as amended by Ord. 569, 3/2/1987; and by Ord. 663, 8/4/1997, §3(c))
§20-105 Preparation and Storage.
1. Storage May Not Create Health and Safety Hazards. The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding or harborage of insects or rodents and to prevent conditions which may create potential hazards to the public health or which create a fire and other safety hazards, odors, unsightliness or public nuisance.
2. Storage in Containers Required. Any person accumulating or storing garbage on private or public property in the Borough for any purpose whatsoever, including waste being stored temporarily for door-to-door collection, shall place the same or cause the same to be placed in sanitary closed or covered containers in accordance with the following standards:
A. Containers used for the storage of municipal waste shall be of metal, plastic or fiberglass construction; rust and corrosion resistant; equipped with lids; waterproof and leakproof; and except in the case of bulk containers, shall not exceed 20 gallons in capacity or such larger capacity as the Borough Council by resolution may approve. Plastic trash bags, if not punctured, may be used to store municipal waste.
B. A sufficient number of containers shall be provided to contain all municipal waste materials generated during periods between regularly scheduled collections that are required to be placed in containers.
3. Preparation for Collection.
A. No person, except the occupants of the property on which a waste container is placed and an authorized collector, shall remove the lids of the container and/or remove the contents thereof.
B. Municipal waste of a highly flammable or explosive nature or highly infectious or contagious refuse shall not be stored for ordinary collection but shall be disposed of in accordance with the directions of the Borough.
4. Bulk Containers.
A. To facilitate collection, bulk containers shall be placed, whenever possible, at ground level and at a point on the property being serviced by the collector that will enable clear and easy access to the container by the collector’s vehicle. Bulk containers in residential zones, as those zones are defined in the Zoning Ordinance of the Borough of Selinsgrove [Chapter 27] shall not be placed in the front yard or side yard of the property.
B. In the event that a person, firm, corporation or other entity wishes to use a bulk container on a temporary basis for the purposes of disposing of construction or demolition waste or for the purpose of facilitating the removal of items other than the normal day-to-day removal of refuse, said person, firm, corporation or other entity shall, prior to the placement of the bulk container, secure a permit from the Police Department of the Borough of Selinsgrove, which shall permit the placement of said bulk container other than in compliance with the provisions of this Section for not longer than 3 months.
C. Said permit may be renewed for like periods upon application to do so.
[Ord. 585]
5. Compost Piles. Notwithstanding the terms of this Part to the contrary, compost piles kept by occupants or tenants of a structure shall not violate the terms and conditions of this Part, provided that the materials in the compost piles do not generate any offensive odors and provided further that said compost piles are secure so that animals do not spread the materials from the compost piles around that premises and/or surrounding properties. [Ord. 772]
(Ord. 544, 11/5/1984, §82-5; as amended by Ord. 585, 9/12/1988, §I; and by Ord. 772, 11/3/2008, §3(a))
§20-106 Disposal of Municipal Waste.
1. Disposal at Lycoming County Facility Required. All municipal waste produced, collected and transported from within the jurisdictional limits of the Borough shall be promptly disposed of at facilities operated by Lycoming County and approved by the Pennsylvania Department of Environmental Protection in accordance with the rules, regulations and rates of that facility and in accordance with the Borough’s Solid Waste Management Plan. [Ord. 825]
2. Disposal of Bulky Waste. In addition to other disposal procedures permitted by this Part, bulky wastes, such as but not limited to refrigerators, stoves, other appliances, pieces of furniture, auto parts and other such household goods and equipment, may be disposed in the manner designated by the Borough at any cleanup or collection fixed or set by the Borough.
(Ord. 544, 11/5/1984, §82-6; as amended by Ord. 569, 3/2/1987; and by Ord. 825, 10/3/2016, §5(B))
§20-107 Spillage.
Spillage shall be prevented and/or cleaned up. Any person transporting municipal waste within the Borough shall prevent and/or clean up and remove any spillage from vehicles or containers.
(Ord. 544, 11/5/1984, §82-7)
§20-108 Collection and Collection Charges.
1. Collector shall collect waste once each week. Municipal waste to be collected by a collector shall be collected at least once each week.
2. Non-collectors shall collect waste at proper intervals. Any persons who dispose of their own municipal waste shall collect the same at intervals short enough to prevent accumulations of refuse that may be unsafe, unsightly or potentially harmful to the public health.
3. Agreements and Charges. All agreements and charges for collection, transportation and disposition of municipal waste shall be by private contract between the person and the collector.
(Ord. 544, 11/5/1984, §82-8)
§20-109 Contracts for Removal by Licensed Haulers.
1. Removal by Licensed Haulers. Every owner of real property within the Borough of Selinsgrove shall contract with an individual, entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania to have all the municipal waste generated on the premises by any of the occupants of premises removed and deposited in a permitted landfill on a weekly basis or more often. A “pay-as-you-throw” or removal on pre-paid bag arrangement is permitted as long as the municipal solid waste hauler is licensed and such waste is removed on a weekly basis or more often. As an alternative to contracting with a licensed hauler, an owner may self-transport his, her, or its solid municipal waste to a permitted landfill or transfer station.
2. Proof of Contract Required. Whenever requested by the Borough of Selinsgrove, the owner of any real property within the Borough shall present written proof adequate in the sole judgment of the Borough designee that the owner of said real property has a current contract with a licensed hauler to dispose of municipal solid waste generated on the said real property on a weekly basis or more often. The owners of the real property shall have 72 hours to provide written proof to the Borough designee that he, she, or it has a current contract with a licensed hauler to provide sufficient service to satisfy the terms and conditions of this Part. Owners that are self-transporting their municipal solid waste must retain documentation and be prepared to provide such written proof to the Borough designee within 72 hours of a request to do so. Documentation may include, but shall not be limited to, cancelled checks, receipts, disposal slips, etc.
3. Duties of Haulers. Any hauler picking up municipal solid waste within the Borough of Selinsgrove shall be required to advise the Borough in writing within 72 hours after receipt of a request from the Borough as to whether an owner has a current contract for the removal and disposal of municipal solid waste from his, her, or its real property within the Borough. Furthermore, all licensed haulers shall cooperate with the Borough in providing information in the event that an action is instituted to enforce the terms and conditions of this Part.
(Ord. 544, 11/5/1984, §82-9; as added by Ord. 772, 11/3/2008, §3(b))
§20-110 Violations and Penalties.
Any person violating any of the provisions of this Part or any person or persons, including, but not limited to, owners of real property, permitting any violation of any of the provisions of this Part to continue shall be guilty of a summary offense and shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Every violator of the provisions of this Part and/or every person who permits a violation of the provisions of this Part to continue shall be deemed guilty of a separate offense for each and every such violation shall continue and shall be subject to the penalty imposed by this Section for each and every such separate offense. For the purposes of this Section, a person, including but not limited to the property owner of the premises upon which the violation is occurring, shall be deemed to have permitted the violation to continue if the violation has not been terminated within a period of 5 calendar days after having received notice of said violation from the Borough of Selinsgrove by certified mail, return receipt requested. For purposes of this Section, the date of delivery of the letter as shown on the return receipt card or 5 calendar days from the date of the final notice to the addressee of a certified letter that is returned to the Borough of Selinsgrove as unclaimed shall constitute the date of the receipt of notice of the violation.
(Ord. 544, 11/5/1984, §82-10; as amended by Ord. 597, 12/4/1989, §II; and by Ord. 825, 10/3/2016, §5(B))
§20-111 Amendment; Miscellaneous.
1. Subject to Federal and State Laws. This Part shall be subject to all applicable Federal and State laws, rules and regulations, including the rules and regulations as set forth by the Pennsylvania Department of Environmental Protection. [Ord. 825]
2. Regulations. The Borough Council may establish and revise regulations governing any matters covered by this Part.
(Ord. 544, 11/5/1984, §82-11; as amended by Ord. 825, 10/3/2016, §5(B))