A. 
With the exception of schools, commercial establishments, businesses not constituting home occupations, and other establishments expressly exempted from municipal collection by this chapter, all MSW originating within the Borough of Bath shall be disposed of by a Borough designated contractor as provided herein. Except as permitted herein, no person except such contractor shall collect, remove, haul, or convey any MSW through or upon any of the streets of the Borough and dispose of the same in any manner or place. In no case may MSW be brought into the Borough for the purpose of disposal therein, nor may MSW be disposed of within the limits of the Borough by burning. Pending disposal as hereby authorized, MSW may be stored in containers only, as hereinafter specified, and in such limited quantities and for such limited period of time as shall assure that no annoyance, nuisance or health hazard shall be created thereby. Except for such temporary storage as is hereby specifically authorized, no person shall keep, have, maintain, store, or allow to exist in any manner whatsoever, any MSW upon any lot or piece of ground within the limits of the Borough.
B. 
All schools, commercial establishments not constituting home occupations and other establishments expressly exempted from municipal collection by this chapter, businesses (but not including mixed uses and qualified commercial establishments, as defined in § 535-9 below), shall make their own arrangements for the removal of MSW through licensed haulers of their own selection.
A contract for the right to collect MSW from designated persons in the Borough and for the conveyance thereof, shall be awarded from time to time, for such periods of time as shall be determined by Borough Council. Such contract shall fix and regulate, in a manner not inconsistent with the terms of this chapter, the prices to be charged by such contractor to customers, and the manner, method and time of collection and conveying of MSW. The hauler to whom such contract shall be awarded shall, before undertaking any of its duties thereunder, give bond to the Borough in the sum and with such security as Borough Council shall require, to assure faithful compliance with contractor's obligations. All haulers collecting residential MSW and recyclables on behalf of the contractor shall be the responsibility of the contractor.
It is the intent of this chapter that the reasonable accumulation of MSW from each dwelling for each collection period will be collected for the standard charge established from time to time. The Borough Council may refuse to collect unreasonable amounts or may make an additional charge for excessive amounts stored or placed for collection. No dwelling or qualified commercial establishment, as defined in § 535-9 shall place more than four containers for collection at curbside in any seven-day period. Other limitations may be established from time to time to comply with waste hauler contractual obligations. Such limitations shall be deemed incorporated into this section by reference.
A. 
No storage of MSW or recyclables shall be visible from any public road or thoroughfare except in the twelve-hour period prior to scheduled pickup by a duly licensed waste hauler.
B. 
MSW shall at all times be stored in enclosed containers, inaccessible to insects, birds and vermin. Recyclables shall only be stored in Borough-designated containers, and only after all foodstuffs and other material which draws insects, birds and vermin has been removed.
A. 
All MSW originating within the Borough of Bath shall be disposed of only by the contractor designated as herein provided unless herein exempted. No person except the contractor or its agents shall collect, remove, haul or convey MSW through or upon any of the streets of the Borough or dispose of the same in any manner or place, except as herein provided.
B. 
Preparation of MSW.
(1) 
All MSW shall be drained of liquid before placement in any refuse container.
(2) 
Any and all sewage and industrial wastes, poisons, acids, caustics, explosives, hazardous wastes, infectious materials, and any other dangerous materials and substances shall be removed from the MSW before placement in any MSW container, and the possessor thereof shall arrange for its prompt and safe disposal at his/her/its own expense.
C. 
MSW containers.
(1) 
All MSW shall be placed in containers.
(2) 
MSW containers shall be of durable, watertight, rust-resistant material adequate to contain the MSW placed in them.
(3) 
Containers containing MSW to be collected by the Borough Contractor shall be limited to a thirty-gallon capacity and when filled shall weigh no more than 40 pounds.
(4) 
Plastic bags may be used as MSW receptacles, providing they are sealed to prevent the scattering about of their contents and do not contain any rips, tears or punctures.
(5) 
All containers shall be kept in a sanitary condition and shall be kept in good repair.
(6) 
All containers shall be adequate to fully contain the volume of MSW to be disposed of. Overflowing containers are strictly prohibited.
A. 
MSW and recyclables may be placed at streetside for collection by waste haulers only on the property whose occupants generated the MSW.
B. 
MSW and recyclables may be placed at streetside for collection not earlier than 3:00 p.m. on the day preceding a scheduled waste hauler pickup.
[Amended 7-7-2014 by Ord. No. 2014-643]
C. 
MSW and recycling containers shall be removed from streetside within 12 hours of a scheduled waste hauler pickup.
D. 
Enforcement. The Borough shall enforce the maintenance of proper receptacles placed at suitable places on the premises and shall institute the prosecution of all persons or entities violating any of the provisions of this chapter to the end that the terms of this chapter shall be strictly enforced. Prior to the initiation of an enforcement action, Borough shall send a notice of violation by first class mail advising such person/persons or entity that this chapter has been violated. Separate notices shall not be required for each incident or violation.
A. 
All commercial establishments, businesses not constituting home occupations, mixed uses obtaining exemption from Borough Council, and adjoining properties which contain at least one business use obtaining exemption from Borough Council, shall not be required to pay for MSW removal by the Borough Contractor. However, the accumulation of MSW from such establishments shall be collected and disposed of at the expense of the owner through haulers of owner's choice. Any entity listed in this section or any dwelling approved as a home occupation may, at any time, petition Borough Council to be included in Borough collections, in accordance with the waiver procedure set forth below.
B. 
Waivers.
(1) 
Any establishment referenced in Subsection A above which seeks to have its MSW collected by the Borough must petition the Bath Borough Council in writing.
(2) 
The petition shall be considered at a regularly scheduled meeting of Borough Council. Unless and until such petition is approved by Borough Council, such establishment shall be responsible for its own MSW collection. Upon approval, the establishment shall be deemed a qualified commercial establishment or home occupation, as the case may be.
The accumulation of MSW for multifamily properties shall be collected and disposed of at the expense of the owner. The hauler responsible for the removal of MSW from multifamily properties shall meet the requirements of §§ 535-4, 535-5, and 535-12 of this chapter. Owners of multifamily properties may exercise the waiver and petition procedure of § 535-9B above at any time.
All persons gathering or hauling MSW or recyclables in, over and upon the streets of the Borough of Bath shall haul the same only in vehicles tightly closed on the bottom and sides so as to prevent offensive odors from escaping therefrom and MSW from being blown or spilled upon any sidewalk or street. Such vehicles shall be kept in sanitary condition at all times.
It shall be unlawful for any person to engage in the business of collecting MSW or recyclables within the Borough without obtaining valid license from the Pennsylvania Department of Environmental Protection and registering with the Borough. All persons obtaining such license and engaged or intending to engage in the business of collecting MSW or recyclables within the Borough shall annually present a written application for registration with the Borough setting forth the engagement or intention to engage in the business of collecting MSW or recyclables within the Borough, proof of valid licensure by the Pennsylvania Department of Environmental Protection, the equipment to be used, the property to be served, and such other information as the Borough may require. The Borough, upon satisfaction that the applicant is authorized to provide such service, shall register such person for the period of one year or such portion of the calendar year as may then be remaining. Upon such registration, the person shall be known as a hauler for purposes of this chapter. All such registrations shall expire on the 31st day of December of each year. Prior to the 15th day of January of each year, each registered hauler shall submit a detailed and documented report to the Borough on the volume (in tons and in cubic yards) of waste collected in the Borough to report compliance and performance to the Department of Environmental Protection and Northampton County for the preceding calendar year. The volume and markets for each recyclable shall also be included in this report; individual calculations shall be made for the tonnage of each recyclable item collected. This report shall also indicate the market(s) for each recyclable.
Collection of MSW and recyclables by haulers and the Borough contractor shall be limited to the hours of 5:30 a.m. to 5:00 p.m., Monday through Saturday.
A. 
Collection of all MSW and recyclables and the disposal thereof shall be in accordance with the provisions of this chapter and with such contracts for MSW and recyclables collection as are entered into from time to time by the Borough of Bath and a designated MSW and recycling contractor.
B. 
Additional rules and regulations authorized. Borough Council is hereby authorized to make and promulgate any additional rules and regulations for the collection, removal and disposal of solid waste not in conflict with this chapter, and violations of the same shall be subject to the same penalties as provided in this chapter.
C. 
Prohibited acts. No person shall obstruct, delay or interfere with the haulers while in the performance of their duties, or enter into any controversies with the haulers, nor shall any person violate any of the provisions of this chapter with regard to the storage, placement or disposal of MSW or recyclables, or the containers for the same, or violate any of the provisions with respect to the storage, placement, collection or removal of MSW or recyclables.
The Bath Borough Council shall, from time to time, by resolution, establish, a schedule of fees for the collection of MSW and recyclables, and amend said schedule from time to time as the need for amendment may arise. The proceeds of said fee may be applied toward the general fund. The Council may also establish a schedule of fees for special collections.
The possessor of riffraff is responsible for its removal from the Borough and its proper disposal at his/her/its own expense unless the Borough has made provision with its then-current contractor for removal. Riffraff shall not be permitted to accumulate in the Borough and shall not be stored in excess of 30 days.