[HISTORY: Adopted by the Borough Council of the Borough of Franklin Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-11-1991 by Ord. No. 377-91 (Ch. 162 of the 1986 Code)]
The title of this article shall be the "Borough of Franklin Park Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases, as used throughout this article, shall have the following meanings:
- All empty aluminum beverage or food cans.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- The entity or entities authorized by the Borough of Franklin Park to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Borough of Franklin Park to collect recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- 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.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
- LEAD ACID BATTERIES
- Include but are not limited to automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
- MULTIFAMILY-HOUSING PROPERTIES
- Properties having four or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- A facility operated by the Borough of Franklin Park and other governmental and quasi-governmental authorities.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or office waste or other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution-control facility. The term does not include source-separated recyclable materials.
- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other materials 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.
- Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Polyethylene terephthalate (PET), used for pop bottles, and high-density polyethylene (HDPE), used for milk jugs, may be recycled.
- RECYCLABLE MATERIALS
- Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Borough of Franklin Park and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products and may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics, foil and/or food containers of other types which may be recycled, as required by the Borough, and if the materials can be marketed by an amendment to this article, together with any other items selected by the Borough or specified in future revisions to Act 101.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
- Any occupied single-family or multifamily dwellings having up to four dwelling units per structure for which the Borough of Franklin Park provides municipal waste collection service.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or materials approved by the Pennsylvania Department of Environmental Protection for beneficial use.
The Borough of Franklin Park, Allegheny County, Pennsylvania, hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Borough of Franklin Park for which waste collection is provided by the Borough of Franklin Park or any other collector. Collection of the recyclable materials shall be made at least once per month by the Borough of Franklin Park, its independent contractor or any other solid waste collectors operating in the Borough of Franklin Park and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
Specific program regulations are provided as an attachment to this article. The Borough Council of the Borough of Franklin Park is empowered to make changes to program regulations as necessary as hereinafter described. Subsequent changes in the program regulations may be made through the approval of the Borough Council of the Borough of Franklin Park and public notice and notification to all affected parties.
Editor's Note: Recycling Rules and Regulations is included as an attachment to this chapter.
All persons who are residents of the Borough of Franklin Park shall separate all of those recyclable materials designated by the Borough from all other municipal waste produced at their homes, apartments and other residential establishments; store such materials for collection and shall place the same for collection in accordance with the guidelines established hereto.
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Borough for collection. Any containers provided to residents for collection of recyclable materials shall be the property of the Borough and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Borough shall be responsible for returning the allocated container(s) to the Borough or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with more than four units may comply with its recycling responsibilities by establishing a collection system for each property. The collection system must include suitable containers for collecting and sorting the recyclable 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 article shall not be liable for noncompliance of occupants of their buildings.
If recyclable materials are collected by a collector other than the Borough of Franklin Park or its independent contractor, owners, landlords and agents of owners or landlords shall submit an annual report to the Borough of Franklin Park reporting the tonnage of materials recycled during the previous year on or before the date specified in the regulations.
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste. If leaf waste is not composted on site, it shall be placed in an approved biodegradable paper bag or container and placed at the curb, where such bag shall be collected by the Borough of Franklin Park once a week as set forth in the regulations.
Commercial, municipal and institutional establishments.
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Borough of Franklin Park, generated at commercial, municipal and institutional establishments and from community activities, and store the recyclable materials until collection. A person may be exempted from the provisions of this subsection upon submission of documentation to the Borough of Franklin Park annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
If recyclable materials are collected by a collector other than the Borough of Franklin Park or its designated independent contractor, occupants of said establishments shall submit an annual report to the Borough of Franklin Park reporting the tonnage of materials recycled during the previous year on or before the date specified in the regulations.
All recyclable materials placed by persons for collection by the Borough of Franklin Park or its independent contractor or to the authorized collector pursuant to this article shall, from the time of placement at the curb, become the property of the Borough of Franklin Park or its independent contractor or other authorized collector, except as otherwise provided by § 171-8 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Borough of Franklin Park or one authorized by the Borough of Franklin Park or the entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Borough of Franklin Park or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Borough of Franklin Park or other entity responsible for authorizing collection of recyclable materials to make such a collection.
[Amended 6-24-1992 by Ord. No. 386-92]
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited.
The Borough Manager is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article, as deemed necessary, including but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
Establishing collection procedures for recyclable materials.
Establishing reporting procedures for amounts of materials recycled.
Establishing procedures for distribution, monitoring and collection of recyclable containers.
Establishing procedures and rules and regulations for the collection of leaf waste.
Any person, firm or corporation who shall violate any of the provisions of this article shall receive an official written warning of noncompliance for the first and second offenses. Thereafter all such violations shall be subject to the penalties hereinafter set forth.
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not less than $100 nor more than $600 plus costs, including reasonable attorneys' fees incurred by the Borough. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist and for each section of this article found to have been violated. The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin or abate violations of this article. All penalties collected for violations of this article shall be paid to the Borough Treasurer.
The Borough of Franklin Park reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The Borough of Franklin Park may enter into an agreement or agreements with public agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
[Amended 6-24-1992 by Ord. No. 386-92]
The Borough Council of the Borough of Franklin Park may, from time to time, modify, add to or remove from the standards and regulations herein.
[Adopted 6-24-1992 by Ord. No. 385-92 (Ch. 121, Art. II, of the 1986 Code)]
This article shall be known and referred to as the "Solid Waste Ordinance."
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 or ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (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 a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
- BULKY WASTE
- Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps, which may require special handling due to their size, shape or weight.
- 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 DEMOLITION WASTE
- All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
- COVERED DEVICE
- Shall be the equivalent of "covered device" as defined in
the Covered Device Recycling Act (Act 108 of 2010), as amended from
time to time.[Added 3-20-2013 by Ord. No. 599-2013]
- The Pennsylvania Department of Environmental Protection.
- 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 WASTE
- Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
- Any 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 or vectors.
- HAULER or PRIVATE COLLECTOR
- Any person, firm, copartnership, association or corporation who or which has been authorized by the Borough or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
- HAZARDOUS WASTE
- Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- 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 engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- The Borough of Franklin Park, Allegheny County, Pennsylvania.
- MUNICIPAL WASTE
- Garbage, refuse, industrial lunchroom or office waste or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air-pollution-control facility. The term does not include source-separated recyclable materials.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, 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.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology 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.
- All solid waste materials which are discarded as useless.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial, mining and agricultural operations, and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air-pollution-control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
- All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
- The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal 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.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual 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.
- The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
- TRANSFER STATION
- Any supplemental transportation facility used as any adjunct to solid waste route collection vehicles.
- The off-site removal of any solid waste at any time after generation.
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to:
Accumulate or permit to accumulate upon any public or private property within the Borough any garbage, rubbish, bulky waste or any other Borough or residual solid waste except in accordance with the provision of this article, any Department rules and regulations adopted pursuant to Act 97, and the Health Department Rules and Regulations, Article VIII.
Editor's Note: See the Allegheny County Health Department Rules and Regulations, Art. VIII, Solid Waste and Recycling Management.
Burn any solid waste within the Borough except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97, the Health Department Rules and Regulations, Article VIII, and Chapter 122, Fire Prevention.
[Amended 7-15-1998 by Ord. No. 459-98]
Dispose of any solid waste in the Borough except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97, and the Health Department Rules and Regulations, Article VIII.
Scavenge any materials from any solid waste that is stored or deposited for collection within the Borough without prior approval by the Borough.
Salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource-recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
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, public or private property within the Borough except as provided in this article.
It shall be unlawful for any person to place in solid waste a covered device or any of its components.
[Added 3-20-2013 by Ord. No. 599-2013]
The storage 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.
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained free of liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
All municipal waste shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such manner as to be leakproof, weatherproof, insectproof and rodentproof.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons and a loaded weight of not more than 40 pounds.
Disposable plastic bags or sacks are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
Reusable containers shall be kept in a sanitary condition at all times. The interior of the container shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottoms or sides of the containers.
Containers shall be used and maintained so as to prevent public nuisances.
Containers that do not conform to the standard of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Borough or its designated representative.
Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.
With the exception of pickup days when the containers are placed out for collection, the container shall be properly stored on the owner's or customer's premises at all times.
Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
Containers for solid waste or recyclable materials shall be set out at the collection point no earlier than 4:00 p.m. on the day preceding the day designated for collection. The resident, occupant or person in charge of the property from which solid waste or recyclable materials have been collected shall remove or cause to be removed all emptied storage containers from the collection point not later than 10:00 p.m. on the day of collection. No storage container may be placed or maintained at the collection point except during the days and times listed in this subsection.
[Added 3-20-2013 by Ord. No. 599-2013]
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the Borough.
The Borough shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with fewer than four units, or it may contract with a private collector or collectors to provide this essential residential collection service.
All households and homeowners shall utilize the residential collection service provided by the Borough unless they can demonstrate that they have made alternate arrangements that are consistent with this article and approved by the Borough.
All multifamily residential sources (with more than four units), commercial, institutional and industrial establishments shall negotiate and individually contract for collection service with the Borough's collector or any other properly authorized waste hauler of their choice.
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Borough's collector and payment of any required special fees.
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.
Residential collection schedules shall be published regularly by the Borough or its contracted hauler.
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. or on Saturdays between the hours of 7:00 a.m. and 6:00 p.m., unless prior approval or any exception has been granted by the Borough. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
All authorized haulers and haulers under contract with the Borough shall comply with the following standards and regulations:
All municipal waste collected within the Borough shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan 1990 or in subsequent revisions thereto.
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
The government body of the Borough shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system or for the contracting of such service to a private collector.
Annual fee schedules shall be published by the Borough on any competitively bid residential collection service contract that may be awarded by the Borough.
The Borough's contracted hauler and other authorized haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional or industrial sources within the Borough.
All appeals shall be made, in writing, to the Council of the Borough.
Pending a reversal or modification, all decisions of the Borough shall remain effective and enforceable.
Appeals may be made by the following persons:
Any person who is aggrieved by a new standard or regulation issued by the Borough may appeal within 10 days after the Borough gives notice of its intention to issue the new standard or regulation.
The notice of appeal shall be served, in writing, and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Borough shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
The Borough may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
Any person, firm or corporation who shall violate any provision of this article or fails to comply therewith or with any of the requirements thereof, 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 $100 nor more than $1,000 plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist or for each section of this article found to have been violated. The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin or abate violations of this article. All fines and penalties collected for violation of this article shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Borough Staff, the Borough Building Inspector/Zoning Officer, the authorized designee of the Borough Manager and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.