[HISTORY: Adopted by the Borough Council
of the Borough of Eddystone as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-13-1974 by Ord. No. 429, approved 5-13-1974]
Where the following words are used in this article,
they shall be defined as follows:
The residue from the burning of wood, coal, coke and/or other
combustible materials which are used in the ordinary course of heating
and/or cooking for domestic, residential and/or retail commercial
purposes. It shall not include any residue produced from the operation
of any wholesale commercial business and/or industrial business.
Any animal and/or vegetable waste of any kind resulting from
the handling, preparation, cooking and/or consumption of any foodstuffs
for domestic, residential and/or retail commercial eating purposes.
The term "newspaper," as used herein, shall be deemed to
include 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.
[Added 4-8-1985 by Ord. No. 494, approved 4-8-1985]
Any individual, organization, group, association, partnership,
corporation, society or any combination of them.
Ashes, garbage and rubbish as herein defined.
All waste materials from places of residence and a reasonable
amount from retail commercial businesses, including bottles, paper,
rags, old clothes, broken glass, tin cans, small branches from shrubs,
vines, cut grass and leaves, etc., but not including waste materials
from building operations, waste materials from industrial businesses
and/or waste materials which are not commonly produced in homes, stores
and/or institutions.
All refuse accumulated in the Borough of Eddystone
as provided hereinafter shall be collected, conveyed and disposed
of by the Borough of Eddystone or any independent contractor appointed
by the Council of the Borough of Eddystone. The Sanitation Committee
of the Borough of Eddystone shall have jurisdiction over and the care,
control and supervision of the municipal collection of refuse within
the Borough of Eddystone as provided hereinafter.
No person shall cast, place and/or deposit any
refuse as defined herein in any location and/or manner which violates
any provision of this article.
Ashes, garbage and rubbish shall be allowed
to be placed and maintained in the same containers as long as they
are placed in the containers in strict compliance with the provisions
of this article.
Refuse receptacles shall be made of metal or
a synthetic material approved by the Sanitation Committee of the Borough
of Eddystone and shall be watertight and shall be provided with a
tight-fitting cover. Plastic bags of a type approved by the Sanitation
Committee of the Borough of Eddystone shall be acceptable receptacles.
No person shall use for the reception of refuse
any receptacle having a capacity of more than 30 gallons or 50 pounds,
whichever is the lesser amount. Each receptacle shall be capable of
being easily handled by one man.
All garbage before being placed in containers
for collection shall have drained from it all free liquids, must be
wrapped in paper and must be placed in a bag.
All rubbish shall be drained of liquids before
being deposited for collection; and all cans, bottles or other containers
which contain foodstuffs shall be thoroughly rinsed and drained before
being deposited for collection.
[Added 4-8-1985 by Ord. No. 494, approved 4-8-1985[1]]
A.
Persons receiving trash-collection service from the
Borough of Eddystone's designated agent are prohibited from mixing
or including newspaper, magazines or other like printed material in
their ordinary trash, garbage and rubbish.
B.
All persons receiving trash-collection service from
the Borough's designated agent shall separate all newspaper, magazines
and other printed material from their other trash and rubbish and
shall put their discarded newspaper in securely tied bundles, grocery
bags or cardboard boxes, weighing no more than 25 pounds each. Collection
days for the pickup of newspapers, magazines and other printed materials
will be established from time to time by resolution of the Borough
Council.
C.
The Borough's designated agent is authorized and directed
not to collect trash and rubbish which has not been properly separated.
D.
All persons who do not receive trash-collection service
from the Borough's designated agent are required to separate newspapers,
magazines and other printed material from ordinary trash and rubbish.
In this instance, the landlord is responsible for establishing the
program.
E.
It is prohibited for any person, firm or corporation
to collect discarded newspaper and magazines within the Borough of
Eddystone without the written permission of the Council of the Borough
of Eddystone. Any person, firm or corporation receiving such written
permission to collect discarded newspaper and magazines shall be designated
as the Borough's recycling agent.
[1]
Editor's Note: This ordinance also provided
for the repeal of former § 66-9, Tying of periodicals.
All carton boxes, tree trimmings, hedge trimmings
and clippings and other similar materials shall be cut to a length
not to exceed three feet and shall be securely tied in bundles not
more than 18 inches in diameter before being deposited for collection.
All refuse receptacles shall be secured by a
tight-fitting lid until after the refuse is collected as provided
herein and until the receptacle is ready for reuse.
All refuse receptacles shall be kept as sanitary
as possible in view of the use to which they are put and shall be
thoroughly cleansed by the person using the same after refuse is collected.
All refuse receptacles shall be provided by
the owner, tenant, lessee or occupant of the premises from which the
collection of refuse is to be made, except as provided hereinafter.
All refuse receptacles shall be maintained in good and usable condition.
Any refuse receptacle that does not conform to the provisions of this
article or that has any ragged or sharp edges or any other defect
which may hamper or injure a person collecting the contents thereof
shall be replaced immediately with a required refuse receptacle.
No large or abnormal metal and/or wooden and/or
similar objects will be collected by the Borough of Eddystone in the
course of normal refuse collection. Each and every owner, tenant and/or
occupant of every residential and/or retail commercial property in
the Borough of Eddystone will have to call the Borough Secretary for
the collection of such items and shall bear the entire cost of the
collection thereof as directed by the Sanitation Committee of the
Borough of Eddystone.
Refuse receptacles shall be placed for collection
along the curb, the side of the street or the side of the alley from
which collection is to be made, as directed by the Sanitation Committee
of the Borough of Eddystone. No person shall place any refuse receptacle
on lands other than lands owned or leased by said person.
No refuse receptacles shall be placed at the
point of collection prior to 6:00 p.m. on the day preceding collecting,
and all such receptacles shall be removed from the point of collection
by 6:00 p.m. on the day of collection.
Refuse shall be collected at least twice a week
from all residences within the Borough of Eddystone as directed by
the Sanitation Committee of the Borough of Eddystone in conformity
with the provisions of this article.[1]
[1]
Editor's Note: Former § 66-18, Collection
from commercial premises, which immediately followed this section,
was repealed 11-8-1982 by Ord. No. 478, approved 11-8-1982.
[Added 5-11-1987 by Ord. No. 507, approved 5-11-1987]
A.
In the event that a homeowner of the Borough of Eddystone
wishes to dispose of items of heavy trash (i.e., refrigerators and
like appliances, furniture, stoves, washers, dryers, automobile parts,
playground equipment, mattresses, bedsprings, etc.) that homeowner
shall notify the Borough Secretary for the Borough of Eddystone at
least one week prior to the scheduled pickup days for heavy trash.
The homeowner shall furnish the Borough Secretary his or her name,
address, number and description of items to be picked up on the heavy
trash day.
B.
The fees for the pickup of heavy trash shall be as
follows:
[Amended 9-11-1989 by Ord. No. 530, approved 9-11-1989]
|
Number of Items or Truckloads
|
Charge
|
|---|---|
|
1 item
|
$5
|
|
2 items
|
$10
|
|
3 items to 1 truckload
|
$25
|
|
More than 1 truckload to 2 truckloads
|
$50
|
|
Any amount in excess of 2 truckloads
|
$100
|
C.
The regularly scheduled days for the pickup of heavy
trash items shall be the third Wednesday of the given month in the
given year.
D.
In the event that a homeowner in the Borough of Eddystone
shall have any home repairs or home renovations or any other type
of construction or reconstruction, it shall be the duty of the contractor
and/or the homeowner to dispose of the construction refuse and materials
by delivering the aforesaid refuse or materials to a dumpsite that
allows for the dumping of said refuse or materials.
[Amended 11-8-1982 by Ord. No. 478, approved 11-8-1982]
No refuse or other objects shall be collected
from any industrial business or from any wholesale commercial business
or from any retail commercial business or from any single apartment
complex site containing more than six living units therein.
A.
No more than four refuse receptacles and no more than
six permitted plastic bags shall be placed at the point of collection
by the occupants of any single-family residential unit and a retail
commercial business.
B.
No more than two refuse receptacles and no more than
six permitted plastic bags shall be placed at the point of collection
by the occupants of any apartment unit which is entitled to municipal
refuse collection under the provisions of this article.
There shall be no municipal refuse collection
on the following holidays or any other holiday designated by the Sanitation
Committee of the Borough of Eddystone: New Year's Day, July Fourth,
Labor Day, Thanksgiving Day and Christmas Day.
The Sanitation Committee of the Borough of Eddystone
may from time to time present to the Borough Council such suggested
rules and regulations as it may deem necessary for the proper enforcement
of the provisions of this article, provided that such rules and regulations
shall not be in conflict with the provisions of this article. Council
may, by ordinance, approve and adopt the said rules and regulations
or any of them. Such rules and regulations so approved and adopted
shall have the same force and effect as the provisions of this article,
and the penalty for the violation thereof shall be the same as the
penalty for a violation of the provisions of this article as hereinafter
provided.
[Amended 2-17-1975 by Ord. No. 438; 1-9-1989 by Ord. No.
524, approved 1-9-1989]
Any person who shall be convicted of a violation
of any of the provisions of this article before any District Justice
shall be sentenced to pay a fine of not more than $1,000 and costs
of prosecution and, in default thereof, to imprisonment in the county
jail for a term not to exceed 30 days.
[Adopted 8-10-1987 by Ord. No. 572, approved 8-10-1987]
A.
COLLECTOR
CONTRACTOR
MUNICIPALITY
MUNICIPAL SOLID WASTE
(1)
(2)
(3)
(4)
PERSON
PLANT
SOLID WASTE FACILITY
The following terms shall have the following meanings
in this article:
Any person collecting or transporting municipal solid waste
for owners or occupants of property in the municipality, including
the municipality itself if it undertakes the collection of municipal
solid waste directly, and any business or institution within the municipality
which generates municipal solid waste and uses its own employees and
equipment for the collection and transport of the waste.
One or more contractors with whom the county or the Delaware
County Solid Waste Authority (hereinafter referred to as "Authority")
contracts for construction and operation of the proposed resource
recovery plant or plants, or other solid waste facilities.
The Borough of Eddystone.
Any garbage, refuse, industrial lunchroom or office waste,
and other material including solid or semisolid material generated
in residential, municipal, commercial or institutional establishments
and from community activities, and other solid waste which is within
the definition of "municipal solid waste" as set forth in the Act[1] and which the county, Authority or contractor by its ordinance
or regulations is willing to accept at the plant, but excluding:
Any liquid waste or sludge;
All wastes which are defined by existing or
future federal or state law or regulations as hazardous waste or industrial
residual waste;
Any waste which may be marketable and which
is intentionally segregated for purposes of recycling; and
Materials specifically excluded under applicable
county ordinances.
Any individual, partnership, association, corporation or
governmental entity, with the exception of the county, Authority or
designated contractor.
The energy and/or material recovery facility or facilities,
transfer station or solid waste plants owned by the county or authority
or the contractor, including all associated property and equipment.
Any site owned and operated by the county, the Authority
or its designated contractor for the purpose of transfer, processing
or disposal of municipal solid waste, including landfills, resource
recovery plants and transfer stations.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
B.
Certain terms used herein are also defined in the
recitals hereto.
It is hereby declared to be unlawful and a public
nuisance for any person to accumulate upon any property in this municipality
any municipal solid waste or to dispose of it except in accordance
with this article and other applicable laws, ordinances or regulations.
The municipality has been advised by the county
that the Solid Waste Plan proposes to provide for a plant or plants
which will be operated efficiently and economically by the contractor
and/or by the county and in accordance with all applicable laws and
regulations, and also that the contractor and/or the county will impose
reasonable charges, which will be uniform among all classes of users
of the plant or plants.
Except as it pertains to municipal solid waste
collected directly by this municipality, all collectors of municipal
solid waste generated within the municipality shall be licensed by
the municipality and shall be responsible for collecting municipal
solid waste from properties in the municipality pursuant to a contract
between them and the municipality and/or contracts between them and
the owners or occupants of properties.
All collectors shall deliver and dispose of
all municipal solid waste collected within the municipality at the
solid waste facility designated by the county subject to such reasonable
regulations for the operation thereof as may be established by the
county and/or contractor. Delivery and disposal at any other place
shall be a violation of this article and cause for revocation of the
collector's license, except in special circumstances approved in advance
by the municipality and the county and/or contractor. All collectors
shall comply in their operation with all applicable laws, ordinances
and regulations pertaining to the collection and transportation of
municipal solid waste.
No person shall use or permit to be used any
property owned or occupied by him/her within the municipality as a
public or private dump, transfer station or landfill for municipal
solid waste, whether generated within the municipality or elsewhere,
without the express written approval of the municipality.
[Amended 1-9-1989 by Ord. No. 524, approved 1-9-1989]
Any person who shall be convicted of a violation
of any of the provisions of this article before any District Justice
shall be sentenced to pay a fine of not more than $1,000 and costs
of prosecution and, in default thereof, to imprisonment in the county
jail for a term not to exceed 30 days; and each day's continuance
of any other violation of this article shall constitute a separate
offense.
In addition to the remedies provided in § 251-30 herein, any continued violation of this article or other applicable law which shall constitute a nuisance in fact, or which in the opinion of the governing body of this municipality shall constitute a nuisance, may be abated by proceeding against the violator in a court of equity for relief.
The collection of municipal solid waste in the
municipality and the disposal thereof shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the governing body of the municipality, including but without limitation
regulations as to the form of license application, the amount of fee
to be charged for said licenses and the terms of the licenses and
license issuance procedures; provided, however, that no such rules
and regulations shall be contrary to the provisions of this article,
the County Solid Waste Plan or applicable law.
The municipality reserves the right to amend
this article or repeal it at any time; provided, however, that the
requirement for use of the designated solid waste facility for disposal
of municipal solid waste from the municipality shall not be amended
or repealed without the prior express written approval of the county
during the term of the contract between the county (or Authority)
and contractor providing for the construction and operation of the
plant, which contract shall have a term of 25 years. For the purposes
of securing the contractor's financing, such requirement shall be
deemed to be a contract between the county, the contractor and the
municipality, which the municipality, subject to the terms of the
joint cooperation agreement set forth below, agrees to enforce so
that the municipal solid waste from the municipality will be available
to provide a source of energy for the plant. If the municipality is
not now a collector but in the future it becomes a collector, it agrees
to deliver all municipal solid waste so collected to the plant.
A.
The municipality agrees to deliver or cause to be
delivered during the term of this agreement all municipal solid waste,
as defined herein, generated within the municipality for disposal
at a facility designated by the county.
B.
The county agrees to accept for disposal all such municipal solid waste described in Subsection A above upon completion and commencement of operation of the plant in accordance with a contract, containing terms satisfactory to the county, with the contractor providing for construction and operation of the plant.
C.
The term of this agreement shall be for a period of
25 years, and said term shall commence on the date when the county
advises the municipality that the plant is operational. The municipality,
at its option, may terminate this agreement with 30 days' written
notice to the county in the event that the municipality will incur
substantial costs over and above the costs generally accepted by the
other municipalities in delivering municipal solid waste to the county
during the term of this agreement, provided that the municipality
has first obtained final approval from the Department of Environmental
Protection for their own plan under the Act,[1] or an approval from the Department for a modification that brings the municipality under another plan that has already obtained final approval. It is understood, however, that, upon any such termination of this agreement by the municipality, the county, the Authority and/or the county's contractor shall be relieved of any responsibility to accept and dispose of municipal solid waste generated within the municipality. It is further understood that any such termination of this agreement by the municipality shall constitute a repeal, whether express or implied, of § 251-35 of this article.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq.
D.
The county shall hold harmless and defend the municipality
from any suit, claim or action challenging the legality of this article
against the municipality. In the event that any such suit, claim or
action is brought against the municipality, the municipality shall
authorize the county, through its designated legal counsel, to defend
against the same, and the municipality shall cooperate with the county
in said defense and shall give the County Solicitor notice of any
such suit claim or action within five days of the municipality's receiving
notice thereof.
B.
The municipality, by formal resolution dated April
9, 1984, authorized the county to prepare the Solid Waste Management
Plan on the municipality's behalf.
C.
The county, through the staff of its Public Works
Department, its Planning Commission and Charles M. Harris and Associates,
Inc., Consulting Engineers, prepared a ten-year plan for solid waste
management.
D.
The appropriate municipal officials of this municipality
have reviewed the findings and recommendations of the plan as it affects
this municipality, have found the plan acceptable and have recommended
that the plan be adopted.
E.
The municipality, accordingly, hereby accepts and
adopts the Solid Waste Management Study prepared by the county as
the ten-year plan for solid waste management required by the Act.
F.
The county is hereby authorized to submit the plan
to the Department of Environmental Protection for the final approval
on behalf of the municipality.
[Added 8-15-2011 by Ord.
No. 635; approved 8-15-2011]
A.
No radpicker, scavenger, or other person shall break into any receptacle
nor unite or otherwise unbundle any container, bundle or other package
of paper, trash, refuse, rubbish, garbage, or offal where such material
has been placed in the open or any place for collection or removal
by the Eddystone Highway Department.
B.
No person other than the employees of the Borough of Eddystone or
its duly authorized agents shall disturb, remove, untie, unbundle
or otherwise, scattering ashes, refuse, garbage or offal where such
material has been placed in the open or any place for collection or
removal.
This article shall become effective August 10,
1987. Notwithstanding the foregoing, this municipality shall have
neither the right nor the obligation to dispose of its municipal solid
waste at the plant which is contemplated under this article until
said plant is constructed and fully operational.
