[Ord. 1060, 8/17/2004, § 101]
The purpose of this Part is to protect the health, safety and
welfare of the residents of the Borough of Mechanicsburg by regulating
the collection, storage, transportation, removal, recycling, dumping,
depositing and disposal of solid waste materials generated or located
within the Borough by:
A.Â
Instituting a comprehensive residential solid waste management program.
B.Â
Establishing a mandatory recycling program in accordance with the
Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction
Act, Act 101 of 1988, P.L. 556, as amended, 53 P.S. § 4000.101
et seq., as amended.
[Ord. 1060, 8/17/2004, § 102]
Words, terms and phrases defined in the Municipal Waste Planning,
Recycling and Waste Reduction Act shall have the meaning set forth
therein. In addition, the following words, terms and phrases, when
used in this Part, shall have the meaning as set forth in this section,
unless the context in which such word, term or phrase is used clearly
indicates otherwise:
The lightweight ductile and malleable metallic substance
or element commonly known as aluminum and shall include all empty
aluminum food and beverage cans, except aluminum foil, trays, plates
and miscellaneous aluminum products.
The residue from the burning of wood, coal, coke or other
combustible materials.
All food and beverage containers consisting of a steel (ferrous)
cylinder and bottom and an aluminum top.
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
The duly elected or appointed members of Borough Council
acting on behalf of the Borough.
Refer to the definition in the International Building Code.
[Amended by Ord. 1146, 6/16/2015; and by Ord. 1170, 3/16/2021]
The person, partnership, firm, corporation or other business
entity designated by the Borough Council, by means of a contract,
to have the exclusive right and privilege to collect, haul, carry,
remove and dispose of all garbage, trash, ashes, rubbish, refuse and
recyclable materials from residential establishments within the Borough.
Paper or pasteboard contracted into parallel grooves and
ridges, commonly referred to as "cardboard," which is used for wrapping,
packing, shipping and/or storage.
A building used for residential purposes, except hotels,
boardinghouses and lodging houses, tourist cabins and motels.
A living area composed of one or more rooms used for living
and sleeping purposes and having its own kitchen with fixed cooking,
refrigeration and plumbing facilities, and its own sanitation facilities
with bath and toilet fixtures, all arranged for occupancy by one person,
one family or more than one person living together as a family unit.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, including
all table refuse, animal and vegetable matter, offal from meat, fish
and fowl, fruits, vegetables and parts thereof and all other articles
and materials ordinarily used for food which have become unfit for
such use or which are for any reason discarded.
The hard, brittle, transparent or partially transparent substance
produced by the fusion of silica and silicates or sand containing
soda and lime and/or other chemicals and substances usually or conveniently
included in the manufacture of glass; and shall for the purpose of
this Part include all materials commonly known as glass bottles or
containers. This definition includes all food and beverage containers
made of clear or colored glass. Excluded from this definition are
blue glass, ceramics, pottery and flat glass commonly known as "window"
or "plate" glass.
Any chemical compound, mixture, substance or article which
is designated by the United States Environmental Protection Agency
or any appropriate agency of the Commonwealth of Pennsylvania to be
"hazardous" as that term is defined by or pursuant to federal or state
law.
High-density polyethylene.
Printed or unprinted sheets, shavings and cuttings of sulphite
or sulphate ledger, bond, writing and other pages, which have similar
fiber and filler content. This grade must be free of treated, coated,
padded or heavily printed stock. This includes lightweight office
papers, i.e., bond, copy paper and onion skin, as well as computer
paper.
Those facilities that house or serve groups of people for
a common purpose, including, but not limited to hospitals, nursing
homes, day-care centers, group homes, libraries and nonprofit associations.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
The Borough Manager duly appointed by the Borough Council.
Includes garbage, trash, ashes, refuse and rubbish.
Refer to the definition in the International Building Code.
[Amended by Ord. 1146, 6/16/2015; and by Ord. 1170, 3/16/2021]
Public facilities operated by the Borough of Mechanicsburg
and other governmental authorities.
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
Types of paper made from wood pulp and/or other fibrous materials
mixed together, either with or without chemicals, to produce thin
sheets of the products customarily and primarily used for the production
of newsprint; "newspaper" does not include magazine paper.
The actual owner of a dwelling as indicated in the real estate
records of the County of Cumberland.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or other entity. 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
or directors.
Polyethylene terephthalate.
A class of synthetic organic compounds capable of being molded,
extruded, cast, or otherwise fabricated into various shapes. It includes
No. 1 high-density polyethylene (HDPE) and No. 2 polyethylene terephthalate
(PET). It excludes low-density polyethylene (LDPE), polypropylene
(PP) and polyvinylchloride (PVC).
Any facility maintained for the purpose of storing, preparing
and/or consolidating recyclable materials for sale.
Includes colored and clear glass, aluminum, steel cans, bimetallic
cans, plastic, newspaper, magazines, junk mail, empty aerosol cans
leaf waste and such other materials as the Borough Council may designate
from time to time by ordinance.
The separation, collection, 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 other than a fuel
for the generation of energy.
The following services to be performed by the contractor:
1) collection and conveyance of recyclable materials; 2) processing
of recyclable materials as applicable; and 3) marketing of the recyclable
materials.
All putrescible and nonputrescible solid wastes (excluding
body wastes), but including garbage, trash, rubbish, ashes and street
cleanings.
Refer to the definition in the International Building Code.
[Amended by Ord. 1146, 6/16/2015; and by Ord. 1170, 3/16/2021]
Garbage, ashes, refuse, rubbish, trash and other non-sewage
or non-wastewater waste materials normally generated in domestic family
living, but shall exclude hazardous waste and leaf waste.
Refuse, rubbish, garbage, ashes, trash and any other non-sewage
or non-wastewater waste materials, excluding hazardous waste and leaf
waste.
Recyclable materials that are separated from solid waste
at the point of origin for the purpose of recycling.
Empty, all-steel (ferrous) beverage and food containers.
[Ord. 1060, 8/17/2004, § 103]
There is hereby established a program for the mandatory source
separation of recyclable materials from solid waste by persons located
in Mechanicsburg Borough.
[Ord. 1060, 8/17/2004, § 104]
1.Â
Residential Establishments.
A.Â
Residents of residential establishments are hereby required to source-separate
all recyclable materials as specified by the Borough from other solid
waste generated at their homes, apartments, dwelling units and other
residential establishments and to store such materials in compliance
with Borough ordinances until collection. The recyclable materials
that are required to be separated from solid waste are: aluminum,
bimetallic cans, steel cans, clear and colored glass, plastic (No.
1 HDPE and No. 2 PET), newspaper, magazines, junk mail and empty aerosol
cans.
B.Â
Recyclable materials from residential establishments shall be placed
at the curb or other similar area, separate from other solid waste,
for collection at such times as are established by the contract with
the contractor, which shall be at least once each week.
2.Â
Commercial, Institutional and Municipal Establishments.
A.Â
Commercial, institutional and municipal establishments are hereby
required to separate all recyclable material as specified by the Borough
from solid waste and to store such materials in compliance with Borough
ordinances until collection. The recyclable materials that are required
to be separated from solid waste by commercial, institutional and
municipal establishments are: aluminum, high-grade office paper and
corrugated paper and leaf waste.
B.Â
The owner, landlord or agent of an owner or landlord of multifamily
rental housing properties with four or more units may comply with
its responsibilities under this section by establishing a collection
system for recyclable materials at each property. The collection system
must include suitable containers for collecting and sorting materials,
easily accessible locations for the containers and written instructions
to the occupants concerning the use and availability of the collection
system. Owners, landlords and agents of owners or landlords who comply
with this section shall not be liable for noncompliance of occupants
of their buildings.
C.Â
The Borough shall exempt persons occupying commercial (including
multifamily rental housing properties with 10 or more units), institutional
and municipal establishments within its boundaries from the requirements
of the curbside recycling program if those persons have otherwise
provided for the recycling of materials required to be recycled in
accordance with this section.
[Amended by Ord. 1146, 6/16/2015]
[Ord. 1060, 8/17/2004, § 105]
All persons who reside in residential establishments who gather
leaf waste shall source-separate all leaf waste for recycling in the
manner prescribed by the Borough unless those persons have otherwise
provided for the composting of leaf waste. All persons who are responsible
for the operation of commercial, institutional and municipal establishments
who gather leaf waste shall source-separate and provide for its recycling.
[Ord. 1060, 8/17/2004, § 106]
From the time of placement of recyclable materials at the curb
or similar area for collection in accordance with this Part, those
materials shall become the property of the Borough and the contractor.
It shall be a violation of this Part for any person not authorized
by the Borough to collect or pick up or cause to be collected or picked
up any such recyclable material. Any and each such collection in violation
of this Part from one or more locations shall constitute a separate
and distinct offense punishable as hereinafter provided.
[Ord. 1060, 8/17/2004, § 107]
The Borough shall establish a comprehensive and sustained public
information and education program concerning recycling program features
and requirements as required by the Municipal Waste Planning, Recycling
and Waste Reduction Act, 53 P.S. § 4000.101 et seq.
[Ord. 1060, 8/17/2004, § 108]
1.Â
The Borough Council, after public advertisement of competitive bids,
shall designate one person as the contractor. The contractor shall
have the exclusive right and obligation to collect and haul all solid
waste and recyclable materials from all residential establishments
in the Borough. Commercial, institutional, and municipal establishments
may contract with collectors other than the contractor.
2.Â
All residential establishments shall participate individually in the contract with the contractor as provided in Subsection 1 of this section.
3.Â
It shall be unlawful for any owner or occupant of a residential establishment
to dispose of residential solid waste and recyclable materials except
by the methods prescribed by this Part.
[Ord. 1060, 8/17/2004, § 109]
1.Â
Residential Establishments. The fee for collection and disposal of
residential solid waste from residential establishments shall be fixed
by contract between the Borough and contractor. The contractor shall
be solely responsible for collection of fees for service directly
from the owner, occupant or other responsible person.
2.Â
Commercial, Institutional and Municipal Establishments. Fees for
collection from other than residential establishments shall be fixed
by mutual agreement of the parties and shall be paid directly to the
person making such collection.
[Ord. 1060, 8/17/2004, § 110]
1.Â
Preparation Requirements.
A.Â
All recyclable materials shall be source-separated from all other
residential solid waste, colored and clear glass, plastic, bimetallic
cans and steel cans thoroughly rinsed with lids removed. Recyclable
material may be commingled in a special container provided by the
contractor for collection.
B.Â
All garbage shall be thoroughly drained of all liquid and wrapped
in paper before being placed in the container.
C.Â
Nonrecyclable printed matter not placed in containers shall be securely
tied in bundles not exceeding 40 pounds in weight with twine or string
or bagged.
2.Â
Containers.
A.Â
All recyclable materials shall be placed in a special container provided
by the contractor.
[Amended by Ord. 1146, 6/16/2015]
B.Â
All residential solid waste, except recyclable materials, shall be
placed in containers or durable plastic bags provided by the resident.
C.Â
Leaves (not including grass clippings) collected from residential
establishments shall be placed curbside at the times set forth by
the Borough. Shrubbery, tree trimmings and similar materials shall
be cut in lengths not to exceed four feet and shall be securely tied
in bundles of not more than 40 pounds for collection and shall be
placed curbside at the times set forth by the Borough, or taken to
the Borough's compost facility.
D.Â
Containers (other than containers for recyclable materials) shall
be of durable, watertight, rust-resistant materials having a close
fitting lid with handles with a capacity of not more than 40 gallons
and shall be of such size as can be handled easily by one man, or
durable and watertight plastic bags. The maximum weight of a filled
plastic bag shall be limited to such weight as will not cause the
bag to break when lifted and carried to contractor's equipment
and no more than 40 pounds.
E.Â
Containers containing garbage shall be covered with a lid, which
fits securely and prevents access to rodents and insects. Plastic
bags shall be secured or tied.
F.Â
It shall be unlawful to permit the accumulation of liquids or the
residue thereof, solids or a combination of such material on the bottom
or sides of containers, it being the intention of this provision that
the interior of containers shall be kept clean by thoroughly rinsing
and draining as often as necessary.
G.Â
All containers shall be kept in a clean condition and shall be kept
in good condition. Any container that does not conform with this Part
or that is likely to injure the contractor or his employees, or hampers
the prompt collection of refuse, shall be replaced on notice. Failure
to replace such defective container may result in the termination
of service until such time as a suitable container is provided.
3.Â
Accumulation of Residential Solid Waste.
A.Â
No person shall place or cause to be placed any residential solid
waste upon any street, alley or other public place, or upon any private
property, whether owned by such person or not, except if it is in
proper receptacles for collection or properly bundled as herein provided
for collection.
B.Â
No person shall deposit residential solid waste in any stream or
any other body of water.
C.Â
No person shall maliciously spill or scatter the contents of any
waste container or plastic bag, or damage or destroy any such container
or plastic bag.
D.Â
No person, except the occupant of the premises on which the waste
container or plastic bag is placed or an authorized collector shall
remove the lid of the container and/or remove the contents of such
container or plastic bag.
4.Â
Location of Containers. Solid waste, recyclables and leaf containers,
plastic bags and bundles shall be placed at the curbside on public
streets in advance of the scheduled time for collection.
[Ord. 1060, 8/17/2004, § 111]
1.Â
Solid waste and recyclable materials produced in residential establishments
shall be collected at least once each week.
2.Â
Leaves and garden residue (not including grass clippings) from residential
establishments shall be collected weekly during the fall months in
accordance with a schedule established by the Borough or established
by the contractor with the approval of the Borough.
3.Â
Shrubbery, tree trimmings and similar materials from residential
establishments shall be collected curbside twice per year in accordance
with a schedule established by the Borough or may be deposited at
a Borough designated site.
4.Â
Solid waste and recyclable materials produced in commercial, institutional
and municipal establishments shall be collected at least once each
week. If necessary to protect public health, solid waste produced
in such establishments shall be collected more frequently upon written
notification of the Manager.
[Ord. 1060, 8/17/2004, § 112]
1.Â
All vehicles used for the collection or removal of material shall
be of metal or other durable body, securely covered, watertight, strongly
built, kept thoroughly cleansed and well painted. Open trucks or trucks
covered with tarpaulins are not acceptable.
2.Â
Contractor shall handle all receptacles and containers as carefully
and quietly as possible and shall return (not throw) them to the location
where found. All handling, collection and transportation of solid
waste and recyclables shall be done in such a manner that no spilling,
leaking or strewing shall occur, either on such premises or on the
streets of the Borough.
3.Â
The Borough shall have the right to inspect any collection vehicle
at any time and place while it is being used within the Borough. In
addition, the contractor shall make vehicles available for inspection
whenever so requested by the Borough at a specific time and place.
4.Â
The contractor shall collect four containers, plastic bags and bundles
of the authorized size and weight from residential establishments.
[Amended by Ord. 1146, 6/16/2015]
5.Â
The collection practices of the contractor and any other person removing
solid waste and recyclable materials from the Borough shall conform
to all applicable statutes, ordinances, regulations and rules of the
Commonwealth of Pennsylvania, County of Cumberland, the Borough and
any contract or contracts between the parties.
6.Â
Special Waste.
A.Â
Removal of wearing apparel, bedding or other waste materials from
homes or other places where highly infectious or contagious diseases
have prevailed shall be performed under the supervision and direction
of the Manager. Such material shall not be placed for regular collection.
B.Â
Highly flammable or explosive materials shall not be placed for regular
collection, but shall be disposed of as directed by the Manager at
the expense of the owner or possessor thereof.
[Ord. 1060, 8/17/2004, § 113]
No person shall dump, deposit or otherwise dispose of solid
waste, recyclables, garbage, ashes, rubbish, or refuse of any kind
or nature within the jurisdictional limits of the Borough. No person
shall transport or bring any garbage, rubbish, trash, refuse, other
solid waste or recyclables into the Borough for the purpose of disposal
and/or collection.
[Ord. 1060, 8/17/2004, § 114]
The Manager shall be charged with the administration of the
provisions of this Part. He shall have authority to make rules and
regulations relating to the administration of the provisions of this
Part in addition to any other powers herein conferred upon him, provided
that such rules and regulations are not contrary to the provisions
hereof.
[Ord. 1060, 8/17/2004, § 115; amended by Ord. 1170,
3/16/2021]
This Part shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who shall violate or permit violation of the provisions
of this Part shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine not less than $500 nor more than $1,500,
plus costs of prosecution. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense. Each section of this Part that is violated shall also constitute
a separate offense.
