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Borough of East Stroudsburg, PA
Monroe County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
Public Documents
Misc. Documents (1)
[Amended 12-5-2000 by Ord. No. 1108, approved 12-5-2000; 11-3-2009 by Ord. No. 1226, approved 11-3-2009; 8-13-2019 by Ord. No. 1353, approved 8-13-2019]
This article shall be known and referred to as the "Solid Waste Ordinance."
A. 
The following words and phrases as used in this article shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act, an act of July 28, 1988, P.L. 556, No. 101, as amended at 53 P.S. § 4000.101, et seq., and applicable provisions of the County Code, Act of August 9, 1955, P.L. 323, 16 P.S. § 101, et seq.
ACT 97
The Pennsylvania Solid Waste Management Act of 1980[1] (P.L. 380, No. 97, July 7, 1980).
AGRICULTURAL WASTE
Poultry and livestock manure or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided that such waste is not hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forest or other agricultural lands.
ALUMINUM
Empty all-aluminum beverage or food cans.
APPROVED REUSABLE CONTAINER
Shall be not larger than 96 gallons nor smaller than 32 gallons and constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, insect and rodent proof, have lifting handles and a lid. Residences required to participate in the municipal solid waste collection service shall use an approved reusable container for storage and collection of special disposable bags.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum. Unlined bimetal containers are recyclable.
BIWEEKLY PICKUP
Curbside collection of recyclable materials once every two weeks.
BOROUGH
The Borough of East Stroudsburg.
BULK CONTAINER
Any container meeting the minimum standards established by the National Sanitation Foundation with a capacity of over 96 gallons.
CALENDAR YEAR
January 1 through December 31.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
All building materials, lumber, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on structures and pavements.
CONTAINED LIQUID, SEMI-SOLID OR GAS
A liquid or semi-solid or gas that is enclosed in a leakproof container.
CORRUGATED PAPER/CARDBOARD
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSE or DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD REFUSE
Waste, comprised of garbage and rubbish, which normally originates in the residential uses and is not construction, demolition, institutional, industrial or hazardous waste.
DWELLING UNIT
One or more rooms, including a kitchen (or kitchenette) and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers. Unlined ferrous containers are recyclable.
GARBAGE
A component of domestic waste or household refuse which is any putrescible solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HAULER or PRIVATE COLLECTOR
Any person, firm, co-partnership, association or corporation who or which has been licensed as required by law to collect, transport and dispose of solid waste as herein prescribed.
HAZARDOUS WASTE
Any hazardous substance, pollutant or contaminant as defined in Section 101(14) and (330) of the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA), 42 U.S.C.A. Section 9601 (14) and (33) or 40 C.F.R. Part 302; any hazardous substance, hazardous waste or solid waste, as those terms are defined in applicable state or local law; any substances containing petroleum as that term is defined in Section 9001(8) or 40 C.F.R. 280.1; or any other substance for which any governmental entity requires special handling in its collection, storage, treatment or disposal. These wastes cannot be disposed of in the Borough's municipal solid waste collection service. Any product which is labeled warning, caution, poisonous, toxic, flammable, corrosive, reactive or explosive should be considered hazardous. In addition to the aforementioned hazardous waste, shall also include paints, stains and finishes, oil based solvents, herbicides and pesticides.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and industrial establishments and in residences.
HOMEOWNERS ASSOCIATION
An organization for the governance of a subdivision, planned community or condominium or any form of other group residential ownership which makes and enforces rules for the properties and their residents. An HOA shall be deemed a private community as described herein. HOA shall include property owners' associations.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in service, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LARGE BULK ITEM
Large bulk items shall be one piece or section of furniture or one appliance that will not fit into a mobile refuse cart or a special disposable bag. Any appliances containing freon shall have freon removed in accordance with all applicable state and federal laws with appropriate tag attached prior to being picked up. Large bulk items shall not include auto parts, lead acid batteries, televisions, monitors or recyclable materials of any kind or a container of any kind with components of solid waste inside. Size of a large bulk item may be limited by the Borough's contracted hauler.
LARGE BULK ITEM TAG
An identification tag purchased from the Borough allowing for additional large bulk items to be placed out for collection, a separate tag is required for each additional large bulk item.
LAW ENFORCEMENT
Any federal, state or local agency that enforces laws, investigates crimes and makes arrests, including but not limited to the Stroud Area Regional Police, the Monroe County Municipal Waste Authority, the Pennsylvania State Police, the FBI, DEA, ATF and any designated representative of the Borough of East Stroudsburg.
LEAD ACID BATTERIES
Include but not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MOBILE REFUSE CART
Plastic mobile cart provided to residents required to participate in the municipal solid waste collection service for the collection and storage of domestic waste and shall be 32, 64 or 96 gallons.
MONROE COUNTY MUNICIPAL WASTE MANAGEMENT PLAN
The Municipal Waste Planning, Recycling and Waste Reduction plan adopted by the County of Monroe, Pennsylvania, Ordinance #02013-03.
MULTIFAMILY HOUSING PROPERTIES
Any dwelling structure having more than four dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental and quasi-governmental entities or organizations.
MUNICIPAL SOLID WASTE COLLECTION SERVICE
Residential solid waste collection provided by the Borough of East Stroudsburg to qualifying properties within the Borough.
MUNICIPAL SOLID WASTE COLLECTION SERVICE USER FEE
The fee established in order to offset the costs of providing the municipal solid waste collection service and recycling collection and processing services to residences (as defined by Article I) in the Borough of East Stroudsburg.
MUNICIPALITY
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
NONRECYCLABLE MATERIAL
Materials are not readily recyclable, the following are examples of nonrecyclable materials:
(1) 
Nonrecyclable paper/cardboard: wrapping paper that is laminated or contains foreign materials such as foil-coatings or glitter, photographic film, microwave containers, hardcover books, frozen food boxes, thermal fax paper, carbon paper, blueprints, aluminum foil boxes, binders and pizza boxes.
(2) 
Nonrecyclable plastic consumer items: some food storage containers, dishware, vinyl, disposable diapers, toys, Formica™, fiberglass, foam materials, and plastics attached to other materials such as kitchenware or auto parts.
(3) 
Nonrecyclable glass: noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
(4) 
Other waste: ashes, soil, animal feces and carcasses, dirt, furniture, mattresses, and insulation.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity 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 or other legal entity having officers and directors or any person legally responsible for the conduct of that entity.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Borough may stipulate specific types of plastic which may be recycled.
PRIVATE COMMUNITY
A residential area with privately owned roads, streets or alleys that is governed by a homeowners association or other similar cost sharing organizations for the maintenance of the privately owned streets, roads or alleys.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk of domestic waste or used to convert part or all of such waste materials for off-site reuse. Processing facilities include but are not limited to transfer facilities, composting facilities and resource-recovery facilities.
PUBLIC NUISANCE
(1) 
Annoyance or discomfort to persons beyond the boundaries of that property;
(2) 
Interference with the health and/or safety of persons beyond the boundaries of that property or of persons who might reasonably be expected to enter upon or be in that property; and/or
(3) 
Disturbance to or interference with the peaceful use of the property of others within the Borough or any case taking into consideration the location of the use or condition and the nature and condition of the surrounding neighborhood.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal, industrial and institutional establishments which are specified by the Borough and can be separated from solid waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include but are not necessarily limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics, televisions, monitors and any other items selected by the Borough or specified in future revisions to Act 101. The recyclable materials selected to be recycled by the Borough may be revised from time to time as deemed necessary by the Borough. Hazardous waste when conducted in conjunction with the Monroe County Municipal Waste Authority under their rules and regulations.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as solid waste or the mechanized separation and treatment of solid waste (other than through combustion) and creation and recovery of reusable materials.
RECYCLING COLLECTOR
The Twin Boroughs Recycling as authorized by Borough Ordinance number 1102 to collect recyclable materials from residences, or other entities authorized by commercial, industrial and institutional establishments that do not receive collection services from the Borough to collect recyclable materials from those properties.
RECYCLING CONTAINERS
Buckets or bins provided by the Borough or designated by the Borough for the source separation of recyclable materials.
RESIDENCES
Any single- or multifamily dwelling structure having no more than four dwelling units per structure and which are not private communities.
RUBBISH
A component of domestic waste that is all nonputrescible solid waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, nonrecyclable cardboard, cans, crockery, glass, paper and large bulk items and shall not include hazardous waste.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility or from a recycling processing facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumping from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
SHALL
Mandatory.
SOLID WASTE
Any waste, including but not limited to municipal, residual, institutional, industrial, yard waste or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
SPECIAL DISPOSABLE BAGS
Disposable bags available for purchase from the Borough for any refuse in addition to leased mobile refuse cart. Special disposable bags will be available for purchase Monday through Friday from 8:00 a.m. to 5:00 p.m. and the first and third Tuesday of each month from 5:30 p.m. to 7:00 p.m.
STORAGE/CONTAINMENT
The storage/containment of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances. The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. In accordance with all applicable laws, Department rules and regulations adopted pursuant to Act 97[2] and the Monroe County Municipal Waste Management Plan and Act 101 and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
YARD WASTE
Noncomposted tree trimmings, branches, shrubs and grass clippings.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality any solid waste, except in accordance with all applicable laws, the provisions of this article, all Department rules and regulations adopted pursuant to Act 97, the Monroe County Municipal Waste Management Plan, Act 101 and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
B. 
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with all applicable laws, the provisions of Chapter 71 of the East Stroudsburg Code, all Department rules and regulations adopted pursuant to Act 97, the Monroe County Municipal Waste Management Plan and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
C. 
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with all applicable laws, the provisions of this article, all Department rules and regulations adopted pursuant to Act 97, the Monroe County Municipal Waste Management Plan, Act 101 and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
D. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the municipality without first securing a license as required by law in accordance with all applicable laws, the provisions of this article, all Department rules and regulations adopted pursuant to Act 97, the Monroe County Municipal Waste Management Plan, Act 101 and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality, except for law enforcement.
F. 
It shall be unlawful for any person to salvage or reclaim any solid waste within the municipality except at an approved and permitted resource-recovery facility under Act 97 and all Department rules and regulations adopted pursuant to Act 97 and the Monroe County Municipal Waste Management Plan.
G. 
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water or public or private property within the municipality except as provided in this article.
H. 
It shall be unlawful for any person to bring into the municipality or permit to be brought into the municipality for pickup/collection and disposal any solid waste.
I. 
It shall be unlawful to gift, lend, borrow or steal a mobile refuse cart.
J. 
It shall be unlawful to tamper, alter or deface the mobile refuse cart radio frequency identification tag and/or the mobile refuse cart identification number.
K. 
It shall be unlawful to improperly dispose of hazardous waste, recyclables and nonrecyclables.
A. 
The storage and containment of all domestic waste on a temporary basis must be conducted in such a manner as not to constitute disposal of such waste.
B. 
The storage/containment of all domestic waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
C. 
Any person owning a property that is serviced by the municipal solid waste collection service shall provide a sufficient number of approved mobile refuse carts to store/contain all waste materials generated during periods between regularly scheduled collections and shall place and store/contain all waste materials therein. The size and quantity of the mobile refuse cart assigned to a property shall be reported to the Borough by October 15, 2019 or one ninety-six-gallon mobile refuse cart shall be assigned to the property.
D. 
All residences required to use the municipal solid waste collection service shall utilize a mobile refuse cart for the storage/containment of domestic waste unless the residence is in a private community or a multifamily housing property as provided in §§ 134-6 and 134-7 of this article.
E. 
Any person generating domestic waste shall comply with the following storage/containment standards:
(1) 
All domestic waste shall be stored in a mobile refuse cart and/or an approved reusable container and/or bulk container with the exception of large bulk items that shall be stored/contained consistent with definition above and below.
(2) 
Approved reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, insectproof and rodentproof for all properties.
(3) 
All approved reusable containers and bulk containers shall also comply with the minimum standards established by the National Sanitation Foundation.
(4) 
Approved reusable containers, mobile refuse carts and bulk containers shall be kept tightly sealed or covered at all times. Domestic waste shall not protrude or extend above the top of the container.
(5) 
Approved reusable containers, bulk containers and mobile refuse carts shall be kept in a sanitary condition at all times. The interior of the approved reusable containers, bulk containers and mobile refuse carts shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers so as to prevent a public nuisance.
(6) 
With the exception of pickup days for the municipal solid waste collection service when the mobile refuse carts, approved reusable containers containing special disposable bags and one large bulk item are placed out for collection, the mobile refuse carts, approved reusable containers containing special disposable bags and one large bulk item shall be properly stored on the owner or customer premises at all times. Mobile refuse carts, approved reusable containers containing special disposable bags and one large bulk item shall be stored in the side or rear yard. Storage of mobile refuse carts, approved reusable containers containing special disposable bags and one large bulk item in the yard abutting a street must be screened from sight.
(7) 
All mobile refuse carts, approved reusable containers containing special disposable bags and large bulk items shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards, fire hazards and public nuisances.
F. 
The burning of yard waste and leaf waste shall not be permitted in the Borough of East Stroudsburg.
G. 
Tires shall be stored in accordance with the 2015 International Code Council International Fire Code, Chapter 34, Sections 3401 through 3409. (See Appendix A).[1]) Tires shall be taken to an appropriate recycling facility and shall not be placed with domestic waste.
[1]
Editor's Note: Appendix A is included at the end of the chapter.
A. 
Any person generating domestic waste that is required to participate in the municipal solid waste collection service shall comply with the following standards:
(1) 
All domestic waste shall be drained of free uncontained liquids before being placed in storage containers.
(2) 
All recyclable materials should be rinsed free of food particles and drained before being placed in storage containers to be recycled. All recyclable materials shall not be placed with domestic waste.
(3) 
Yard waste shall be cut and tied securely into bundles. Bundles shall be no more than four feet in length for collection by the Borough four times a year to be recycled. Yard waste shall not be placed with domestic waste.
(4) 
Newspapers, magazines, paper and cardboard shall be placed in approved recycling containers or shall be tied securely into bundles to be recycled. Newspapers, magazines, paper and cardboard shall not be placed with domestic waste.
(5) 
When specified by the municipality or its contracted service provider, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
(6) 
Yard waste and leaf waste shall not be placed with domestic waste.
A. 
The storage and containment of all domestic waste on a temporary basis in such a manner as not to constitute disposal of such waste.
B. 
The storage and containment of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
C. 
Any person owning a multifamily housing property, commercial, industrial or institutional property that produces solid waste shall provide a sufficient number of approved reusable containers or bulk containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store/contain all waste materials therein.
D. 
Private communities currently serviced by the municipal solid waste collection service may continue to utilize the municipal solid waste collection service provided the following terms and conditions are met:
(1) 
The private community shall provide authorization for the Borough or its designated contractor to enter the community and hold harmless said entity for providing the municipal solid waste collection service.
(2) 
All private communities shall have roads, streets and alleys suitable for solid waste trucks and recycling trucks and trailers sufficient room to turn around and service the community.
(3) 
All private communities shall maintain all roads, streets and alleys so that they are passable. Unmaintained roads, streets or alleys shall cause the municipal solid waste collection service to cease.
E. 
Private communities and multifamily housing properties actively serviced by the municipal solid waste collection service prior to the passing of this article may opt out or opt in to the municipal solid waste collection service, however bulk containers shall not be provided as part of this service. If a private community or multifamily housing property opts out of the municipal solid waste collection service, all the terms of this article shall be abided by. Once a private community or multifamily housing property opts out of the municipal solid waste collection service, it shall not be allowed to opt back in. The HOA, POA or landlord shall make the final decision on participation. The decision to opt in or opt out shall be provided the Borough in writing no later than October 15, 2019.
F. 
All multifamily housing properties with four or more dwelling units, private communities opting out or not qualifying for the municipal solid waste collection service, commercial establishments, institutional establishments and industrial establishments shall negotiate and individually contract collection services with any properly licensed waste hauler of their choice.
G. 
All persons not participating in the municipal solid waste collection service shall provide proof of an annual solid waste collection service contract by March 31 of each year. Failure to have or provide a copy of the contract shall be a violation of this article.
H. 
Multifamily housing properties, private communities, commercial, industrial and institutional establishments when specified by the municipality with a formal written letter, special storage/containment procedures may be required to facilitate the collection and resource recovery of certain waste materials.
I. 
All solid waste shall be stored in approved reusable containers or bulk containers. Approved reusable containers and bulk containers utilized for storage/containment of solid waste shall comply with the following standards:
(1) 
Approved reusable containers and bulk containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, insectproof and rodentproof.
(2) 
Bulk containers may be utilized for storage/containment of solid waste for multifamily housing properties, private communities, commercial, institutional and industrial establishments. Bulk containers shall not be provided as part of the municipal solid waste collection service.
(3) 
Approved reusable containers and bulk containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(4) 
All approved reusable containers and bulk containers shall also comply with the minimum standards established by the National Sanitation Foundation.
(5) 
Approved reusable containers and bulk containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers as to prevent a public nuisance.
J. 
No large bulk waste items shall be stored in a manner that will allow the accumulation or collection of water, the harborage of rodents, safety hazards, fire hazards and public nuisances.
K. 
With the exception of pickup days when the approved reusable containers and bulk containers are placed out for collection, the approved reusable containers and bulk containers shall be properly stored on the owner or customer premises at all times. Approved reusable containers and bulk containers shall be stored in the side or rear yard. Storage of approved reusable containers and bulk containers in the yard abutting a street must be screened from sight. Exceptions for bulk containers may be granted if the request is submitted in writing and proof is provided that shows screening cannot be provided. This exception will be granted by the Borough Manager or his/her representative.
L. 
Bulk containers:
(1) 
The owner(s) of a multifamily housing property shall utilize a hauler to collect solid waste from bulk containers or approved reusable containers stored on premises.
(2) 
Commercial, industrial and institutional establishments shall utilize a hauler to collect solid waste from bulk containers or approved reusable containers stored on premises.
(3) 
The provision of any waste service may be modified by the municipality at any time.
M. 
The storage of all solid waste from multifamily housing properties, private communities, commercial, institutional and industrial establishments are subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall initially be determined by the waste generator and their hauler and shall be approved by the municipality.
N. 
The burning of leaf waste and yard waste shall not be permitted in the Borough of East Stroudsburg.
O. 
Storage of tires shall comply with the International Codes Commission, International Fire Code, Chapter 34, Sections 3401 through 3409. (See Appendix A)[1]) Tires shall be taken to an appropriate recycling facility and shall not be placed with solid waste.
[1]
Editor's Note: Appendix A is included at the end of the chapter.
P. 
Nothing herein shall exempt the proper storage/containment of hazardous waste in accordance with federal, state, local laws and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
Any person generating solid waste for collection shall comply with the following preparation standards:
A. 
All solid waste shall be drained of free uncontained liquids before being placed in storage containers.
B. 
All recyclable materials should be rinsed free of food particles and drained before being recycled. All recyclable materials shall not be placed with solid waste.
C. 
Newspapers, magazines, paper and cardboard shall be recycled. Newspapers, magazines, paper and cardboard shall not be placed with solid waste.
D. 
When specified by the municipality special preparation procedures may be required to facilitate the collection and resource recovery of certain waste materials.
E. 
Leaf and yard waste shall not be placed with solid waste.
A. 
The municipality shall provide for the collection of all domestic waste and one large bulk item per week from all residences required to participate in the municipal solid waste collection service.
B. 
All residences as defined in this article shall utilize the municipal solid waste collection service provided by the municipality. However, this service is exclusively for the use of residences located within the municipality and private communities participating in the municipal solid waste collection service.
C. 
All solid waste shall be collected at least once a week according to requirements of the licensed waste hauler so as not to cause any health hazards, odors, flies, safety hazards and fire hazards, unsightly conditions or public nuisances.
D. 
All properties serviced by the municipal solid waste collection service, one large bulk item shall be collected at least once a week according to requirements of the licensed waste hauler so as not to cause any health hazards, odors, flies, safety hazards and fire hazards, unsightly conditions or public nuisances. Additional large bulk items may be placed curbside with the purchase of a large bulk item tag, available for purchase from the Borough Municipal Building.
E. 
Municipal solid waste collection service schedules shall be published regularly by the municipality or its contracted hauler.
F. 
Any person required to participate in the municipal solid waste collection service preparing domestic waste for collection shall ensure that the mobile refuse carts, special disposable bags, approved reusable containers containing special disposable bags and large bulk items shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative. Mobile refuse carts, special disposable bags, reusable containers containing special disposable bags or large bulk items shall not be placed at the curbside or side of the road before 5:00 p.m. on the day prior to the designated collection day, and containers must be removed from curbside or side of the road to the storage place no later than 8:00 a.m. on the day after collection.
[Amended 4-6-2021 by Ord. No. 1377, approved 4-7-2021]
G. 
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 3:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
A. 
All solid waste from multifamily housing properties, private communities, commercial establishments, institutional, and industrial establishments shall be collected at least once a week. Solid waste collection from these sources shall be made as often as necessary to control health hazards, odors, flies, unsightly conditions and public nuisances. The municipality reserves the right to require more frequent collection when deemed necessary.
B. 
Any person not required to participate in the municipal solid waste collection service preparing domestic waste for collection shall ensure that the approved reusable containers and large bulk items be placed by the owner or customer at a collection point specified by the person's contracted hauler or the municipality. Reusable containers or large bulk items shall not be placed at the curbside or side of the road before 5:00 p.m. on the day prior to the designated collection day, and containers must be removed from curbside or side of the road to the storage place no later than 9:00 p.m. on the day of collection.
C. 
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 3:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
A. 
All haulers and haulers under contract within the municipality shall comply with the following standards and regulations:
(1) 
All solid waste collected within the municipality shall be conveyed by the hauler to a disposal site in accordance with the Monroe County Municipal Waste Management Plan, the Department and/or other state regulatory agency.
(2) 
Any trucks or other vehicles used for the collection and transportation of solid waste must comply with the requirements of Act 97, all Department regulations adopted pursuant to Act 97 and the Comprehensive Environmental Response and Compensation and Liability Act (CERCLA).
(3) 
All collection vehicles conveying solid waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and public nuisances.
(4) 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and public nuisances.
(5) 
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
(6) 
All haulers shall have workers compensation and employers liability, commercial general liability and automobile liability, including physical damage.
(7) 
All haulers shall have pollution/environmental impairment liability coverage when applicable.
(8) 
All haulers shall provide the Borough a copy of all contracts within the municipality.
A. 
In addition to and the remedies available by citation, the Borough reserves all rights to authorize the appropriate officers or agents of East Stroudsburg Borough to seek equitable relief, including injunction, to enforce compliance with this chapter.
B. 
Any person who shall violate or fail to comply with any of the provisions of this article shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 30 days, or both. Each day that a violation continues shall constitute a separate offense.
C. 
Notice and payment of violation. Upon the discovery of any violation under the terms of this article, the municipality shall, through its authorized agents, give notice to the owner of a violation hereunder, either by personal delivery to such owner, by United States mail directed to the last known address of such person or persons, as shown in Monroe County and Borough records, or by leaving the same on the premises where such violation occurs.
D. 
If such persons shall, within seven days after the delivery, mailing or leaving of such notice, pay to the Treasurer of the municipality the sum of $15 for the violation, the same will constitute full satisfaction for the violation noted in said notice. If two or more violations are issued for the same property during a calendar year, the second and subsequent violations' payment shall increase an additional $50 per subsequent violation to a maximum of $300. The failure of such person to make payment, as aforesaid, within seven days, shall render such owner subject to the penalties as provided hereinabove.
E. 
Theft of a mobile refuse cart, tampering with a mobile refuse cart radio frequency identification tag or mobile refuse cart identification number shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not less than $500 or more than $1,000 or by imprisonment for not more than 30 days, or both. Each time that a violation happens shall constitute a separate offense.