Borough of Wyoming, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 11/13/2000B, Art. I; as amended by Ord. 12/9/2002, Art. I]
This Part shall be cited and known as "Wyoming Borough's Garbage and Trash Removal, Recycling and Fees Ordinance."
[Ord. 11/13/2000B, Art. II; as amended by Ord. 12/9/2002, Art. II]
In enacting this Part, it is the desire of the Borough of Wyoming to get forth a program of garbage and trash removal and to set forth an appropriate fee schedule for the same. It is the intention of the Borough to establish this program so as to improve the health, safety and welfare of the community.
[Ord. 11/13/2000B, Art. III; as amended by Ord. 12/9/2002, Art. III]
1. 
Definitions.
GARBAGE
Every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use cooking, dealing in or storing of meat, fish, fruit or vegetables.
GLASS CONTAINERS
All containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packing or bottling of various matter and all other material commonly known as glass, excluding however, blue glass, flat glass, plate glass and glass commonly known as window glass.
LITTER
Any waste material, including, but not limited to, garbage, refuse and rubbish, which, if thrown or deposited as herein prohibited, would tend to create a danger to the public health, safety or welfare.
NEWSPAPERS
Papers of the type commonly referred to as newsprint and distributed at stated intervals, used daily or weekly, having printed thereon news and opinions and containing advertisements, and other matters of pubic interest. Magazine and periodicals as well as all other paper products of any nature are not considered newspapers.
PERSONS
Any natural person, corporation, association of individuals, whether or not incorporated, and whether or not organized for endeavors of profit, charity, educational or civic purposes or any other purpose whatsoever.
PRIVATE PREMISES
Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purpose, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, square, spaces, grounds and buildings.
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 boxes), magazines, computer print-out paper, computer tab cards, office paper, steel cans, newspaper, paper products not chemically coated.
RUBBISH
Waste material and refuse of every character collected or accumulated within the Borough, except garbage, and shall include by way of enumeration but not by way of limitation grass, leaves, sticks, tree branches, stone, concrete, old boards, broken glass, used furniture or household appliances, tin cans, newspapers.
VEHICLE
Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
2. 
Disposal. It shall be unlawful for any person, firm or corporation to dispose of or dump garbage or rubbish upon the streets of the Borough or upon any public or private premises other than those duly designated for such purposes by Borough Council.
3. 
Containers. All garbage and rubbish shall be placed in containers of the type and size hereinafter prescribed and said containers shall be placed at convenient outdoor pickup locations on the terrace next to the street in residential areas or in the alley or rear of commercial areas.
4. 
Limitations.
A. 
Borough employees and/or contractors will not go upon private property to collect rubbish or garbage except areas that are open to the public and accessible to the garbage packer.
B. 
The following items will not be collected by Borough employees and/or contractors and must be disposed of by the owner thereof:
(1) 
Motor vehicles.
(2) 
Waste from the demolition, destruction, burning or disposal of buildings.
(3) 
Large household appliances, e.g., stoves, refrigerators, washing machines, dryers, freezers.
(4) 
Concrete.
(5) 
Large limbs, tree trunks, tree roots.
(6) 
Items weighing more than 40 pounds.
(7) 
Tires.
(8) 
Poisons.
(9) 
Explosives.
(10) 
Dangerous or corrosive chemicals.
(11) 
Clothing taken from persons with infectious diseases.
(12) 
Heavy metals or metal parts.
(13) 
Rocks, bricks, concrete blocks.
(14) 
Refuse from construction or remodeling.
C. 
Newspapers must be tied in bundles.
D. 
Cardboard boxes must be broken down and bundled.
[Ord. 11/13/2000B, Art. IV; as amended by Ord. 12/9/2002, Art. IV]
1. 
Requirements. Any person using or occupying any building, house or structure within the Borough shall provide and maintain in good order and repair garbage or trash receptacles of sufficient number to contain the garbage or trash that will accumulate on the premises.
2. 
Specifications. Receptacles used for storage for garbage and rubbish shall be watertight and meet the following specifications:
A. 
Garbage containers shall not exceed 40 pounds in weight.
B. 
All garbage shall be placed for collection in standard size (not to exceed 30 gallons metal or plastic garbage cans with covers and handles, or in plastic or waterproof paper trash bags. The trash bags must be tied and be sturdy enough so that they can be handled without breakage and tearing.
C. 
Trash cans shall be of a durable grade if galvanized metal or other suitable material approved by the Borough, from 20 to 30 gallons in capacity and weighing not more than 25 pounds empty or 40 pounds fully loaded with normal refuse. Trash cans shall have two lifting handles on opposite sides and a tightly-fitting cover with a lifting handle. The cans shall be without inside protrusions, and the refuse shall be loosely packed so that the contents shall discharge freely when the receptacle is inverted.
D. 
Refuse bags made of heavy multiple-ply paper or polyethylene or ethylene, copolymer resin and designed for outdoor storage or refuse are required. Bags must be securely tied or sealed to prevent emission of odor and shall be of a material so that liquids and greases will not be able to penetrate through the material and shall be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling.
3. 
Damage or Deteriorated Receptacles. Receptacles which have deteriorated, or have been damaged to the extent that the covers will not fit securely or those having jagged or sharp edges capable of causing injury to refuse collectors or other person whose duty is to handle containers, are declared a nuisance and shall be condemned by the Borough of Wyoming or its authorized representatives. If such receptacles are not removed within five days after notice of such defective conditions to the owner or user, then such receptacles shall be confiscated.
4. 
Placing Garbage in Receptacles. Garbage or trash that is mixed with water or other liquids shall be drained before being placed in a garbage or trash receptacle. Animal matter that is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a garbage receptacle. Grease in a free-flowing state shall be reduced to a solid.
5. 
Unauthorized Use of Receptacles.
A. 
It shall be unlawful for any person to place or permit another to place any garbage or trash in any receptacle at any refuse collection point unless the refuse is from the premises served by the container.
B. 
The owner or occupant of any building, house, structure or land shall cause to be removed all refuse items which will not be collected by the regular Borough collection service and which are located, owned or deposited on the property. Removal, at the owners' expense, within three days of notice by the Borough is required. It shall be unlawful to deposit any such prohibited refuse at the Wyoming Borough landfill. Such refuse shall be deposited at an approved disposal area outside of the Borough of Wyoming.
[Ord. 11/13/2000B, Art. V; as amended by Ord. 12/9/2002, Art. V]
1. 
Frequency of Regular Collection Service. The Wyoming Borough Council is hereby empowered to establish a schedule for regular collection service. Suitable public notice of said schedule of collection shall be made via newspaper advertisement.
2. 
Maximum Amount of Containers Collected. During each regular collection the Borough will collect a maximum of three containers from each residential or commercial property for which a garbage collection sticker has been purchased.
[Ord. 11/13/2000B, Art. VI; as amended by Ord. 12/9/2002, Art. VI]
1. 
Garbage Collection Stickers.
A. 
Residential.
(1) 
All persons, residents, corporations, businesses, associations, etc., who own any structure in the Borough of Wyoming, including any apartment, mobile home or trailer, which is used in whole or in part for residential purposes must purchase a garbage collection sticker from the Borough of Wyoming.
(2) 
It shall be the obligation of the owner of any such residential structure to purchase a garbage collection sticker.
(3) 
Each owner of a trailer park or a multifamily dwelling shall be responsible for purchasing a garbage collection sticker for each unit or trailer in the multifamily dwelling or trailer park. It shall be the obligation of the owner of any multifamily dwelling or trailer park to pay to the Borough the garbage collection fee for each dwelling unit or trailer.
B. 
Commercial. All persons, residents, corporations, businesses, associations, etc., who own any structures in the Borough of Wyoming which is used for commercial purposes may at their option purchase a garbage collection sticker from the Borough of Wyoming.
C. 
Purchase of Stickers. Garbage collection stickers can be obtained by making application to the treasurer of the Borough of Wyoming or Borough Council's other authorized representatives. Applications may be obtained by call the Wyoming Borough Municipal Building.
2. 
Receipts. All applicants upon payment of the fee and charges as hereinafter set forth will receive a receipt. The receipt will note the year and expiration date and other relevant wording. The receipt must be prominently displayed on the building from which the rubbish, garbage or refuse is to be removed.
[Ord. 11/13/2000B, Art. VII; as amended by Ord. 12/9/2002, Art. VII; and by A.O.]
1. 
Fees. The annual fees for regular collection from commercial and residential premises will be as listed in the Fee Resolution, and as established, from time to time, by resolution of the Borough Council.
2. 
Rules and Regulations.
A. 
Any residential premises requiring pickup of more than three containers must arrange for private garbage disposal for the excess containers.
B. 
All containers will be made from a place easily accessible to the garbage packer from the street from which collections are made. Collections will not be made from inside structures or enclosures.
C. 
Borough Council or its designated representatives shall have the authority to make such additional rules and regulations concerning the manner and method of Borough refuse collection as Borough Council deems necessary.
3. 
Collection of Fees.
A. 
It is the responsibility of anyone required by this Part to purchase a garbage collection sticker to pay the annual garbage collection fee for said sticker.
B. 
The annual garbage collection fee shall be paid on or before February 2 of each calendar year, except however that if a structure is first used for residential purposes on or after February 2 of any calendar year, then said fee shall be due and payable within 30 days of the date that residential use is first established.
C. 
If the fee for a garbage collection sticker is not paid within 30 days of the date it is due, a 10% penalty shall be added thereto; if said fee plus penalty is not paid within 60 days of the date the fee is due, the aggregate amount of the fee plus penalty shall bear interest from the penalty date at the rate of 1/2 of 1% per month or fraction thereof. In addition, anyone not paying the fee due by the penalty date or not paying any penalty or interest due, shall bear the cost to the Borough of collecting said fee, penalty or interest.
D. 
Any individual or enterprise not paying its garbage collection fee within the time required by this section shall be in violation of this Part and each day that the garbage collection fee remains unpaid shall constitute a separate violation of this Part.
[Ord. 11/13/2000B, Art. VIII; as amended by Ord. 12/9/2002, Art. VIII; and by A.O.]
1. 
Violations and Penalties. Any garbage, rubbish or other refuse not collected by the Borough, either because of the limitations provided in this Part or because of non-payment of a fee shall be disposed of by the owner. Failure of the owner to dispose of garbage, rubbish or other refuse not collected by the Borough shall be considered a violation of this Part and the owner shall be subject to the penalties hereinafter provided.
A. 
Any person, firm or corporation who shall violate any provision of this Part, 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 less than $50 nor more than $1,000 plus costs together with reasonable attorney fees 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.
B. 
It shall be considered a violation of this chapter where more than one residential premises and/or business or commercial enterprise are aggregating their garbage and trash for collection under one service fee. In such event, both parties will be considered in violation of this chapter.
C. 
Each day that any violation of this chapter exists shall be considered a separate and distinct violation.
[Ord. 11/13/2000B, Art. IX; as amended by Ord. 12/9/2002, Art. IX; and by A.O.]
1. 
Purpose. It is the goal and purpose of this Part to effectuate the Borough's compliance with Act 101, 53 P.S. § 4000.101 et seq., by facilitating efficient disposal of solid waste generated within the Borough in the most economical, environmentally acceptable manner, and also to reduce the total volume of solid waste disposal of by the Borough. This chapter is also designed, in accordance with the Borough's police powers, to protect the health, welfare and safety of the residents of this Borough.
2. 
Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:
COMMERCIAL ESTABLISHMENT
Any entity in business for profit and which has not previously been afforded municipal waste collection.
CORRUGATED PAPER
Paper which has been shaped or wrinkled into parallel grooves and ridges, including cardboard, wrapping and packaging paper.
INDEPENDENT CONTRACTOR
A private garbage hauler engaged by a commercial establishment.
NEWSPRINT
A cheap, low-grade paper made mainly from wood pulp and used chiefly for newspapers.
PERSON
Any individual, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this Part prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
RECYCLABLE MATERIALS
Materials which are separated from the remainder of municipal waste in compliance with § 1501 of Act 101, 53 P.S. § 4000.1501.
RESIDENT
A person who lives in a residential structure.
RESIDENTIAL
Any noncommercial building used for family dwelling and which contains no more than four dwelling units.
SOLID WASTE
Materials or substances discharged or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances, and those in gaseous form. Such waste is more commonly defined ad "Municipal Waste" under rules and regulations promulgated by the Pennsylvania Department of Environmental Protection. The waste shall include, but is not limited to, garbage, sludge, rubbish, ashes, street cleaning, dead animals, offal, abandoned vehicles, agricultural waste.
3. 
Residential Recycling Requirements.
A. 
In accordance with § 1501 of Act 101, 53 P.S. § 4000.1501, the following items are hereby declared as the designated residential recyclable materials:
(1) 
Newsprint, which until such time as may be prohibited by the recycling facility, may also include glossy advertising inserts.
(2) 
Aluminum cans.
(3) 
Clear glass.
(4) 
Colored glass.
(5) 
Certain types of plastics.
B. 
Each resident must establish within the household a program for effective source separation of the aforementioned recyclable materials. Said recyclable materials must be kept separate from other solid waste, and shall be dispose of as hereinafter set forth. Further, all of the designated recyclable materials must be stored in an area free from exposure to the elements and shall be properly secured so as to be safe from vermin.
C. 
The Borough shall provide each residential dwelling one recyclable materials container, which container must be utilized by the resident when placing the aforementioned recyclables at curbside for collection. The container shall remain the property of the Borough, and the recyclables shall become the property of the Borough when placed at curbside for collection.
D. 
The Borough shall establish a schedule for collection of the recyclable materials which conforms to the requirements of § 1501(d) of Act 101, 53 P.S. § 4000.1501(d). Suitable public notice of said schedule of collection shall be made via newspaper advertisement.
4. 
Commercial Recycling Requirements.
A. 
In accordance with § 1501 of Act 101, 53 P.S. § 4000.1501, the following are designated as the designated commercial recycling materials:
(1) 
High grade office paper.
(2) 
Aluminum.
(3) 
Corrugated paper.
(4) 
Leaf waste.
B. 
Each commercial establishment shall develop an effective program for the source separation of the aforementioned recyclables. These materials must be kept separate from other solid waste. Further, the recyclable materials must be stored in an area free from exposure to the elements and properly secured, so as to be safe from vermin.
C. 
Each commercial establishment shall arrange with an independent contractor for private collection of the aforementioned recyclables, as well as for collection of remaining solid waste, which independent contractor shall comply with all governing statutes for proper disposal of same.
D. 
Any commercial establishment which seeks exemption from the requirements of this chapter on the basis that it has otherwise provided for the recycling of the designated recyclable materials shall report no later than January 15th of each year to the Borough the total number of tons recycled in compliance with § 1501(c)(1)(iii) of Act 101, 53 P.S. § 4000.1501(c)(1)(iii).