Borough of South Waverly, PA
Bradford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of South Waverly 5-7-2001 by Ord. No. 5-7-01.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch. 75.
Junked and abandoned vehicles — See Ch. 139.
[1]
Editor's Note: This ordinance also superseded former Ch. 118, Solid Waste, adopted 8-6-1990 by Ord. No. 8-6-90.
As used in this article, the following terms shall have the meanings indicated:
FEES
At the time of the application for a permit or for the renewal for a current permit, the applicant shall pay to the building official a permit fee payable to the Borough of South Waverly, as set forth in the Borough Schedule of Fees, as adopted and amended from time to time by the South Waverly Borough Council. In the event that the permitted refuse collector does not participate in the recycling program, he shall pay the recycling fee as set forth on the Borough Schedule of Fees.
LICENSED COLLECTOR
A person engaged in the collection, removal, hauling or conveying of refuse, through or within the Borough of South Waverly, as a commercial enterprise and who holds a current valid license issued by South Waverly Borough to engage in such enterprise.
LICENSED RECYCLER
A person engaged in the collection, removal, hauling or conveying of recyclable material, through or within the Borough of South Waverly, as a commercial enterprise and who holds a current valid license issued by South Waverly Borough to engage in such enterprise.
PERSON
Includes a natural person, association, partnership, firm or corporation, their agents and employees.
RECYCLABLE MATERIALS
Includes the following: plastic milk containers, glass food and beverage containers, aluminum beverage cans, newsprint, automotive batteries, scrap metals and waste oil.
REFUSE
Includes the following:
A. 
All table refuse, discarded animal and vegetable matter and offal from meat, fish, fruit or fowl, and parts thereof.
B. 
Ashes, discarded paper, cardboard, glass material, bottles, tin cans or containers of any kind.
C. 
Combustible or noncombustible solid waste or discarded material generally.
A. 
No person may keep or suffer to remain upon the premises owned or occupied by him any refuse for a period longer than 10 days.
B. 
No person shall:
(1) 
Place or dispose of any refuse upon any premises not owned or occupied by such person.
(2) 
Throw, dispose or permit to be blown by wind upon the premises of others any refuse originating from such person's residence or commercial enterprise.
No refuse may be brought into South Waverly Borough for the purpose of disposal within South Waverly Borough.
A. 
No refuse may be transported or conveyed within or through South Waverly Borough unless such refuse shall be covered by such canvas or metal as is necessary to prevent outfalling or blowing of such refuse onto the public way or private premises within South Waverly Borough.
B. 
No licensed collector of refuse shall transport refuse in any vehicle not conforming to all rules and regulations adopted by the Pennsylvania Department of Health or of this borough.
C. 
No recyclable haulers license shall be issued unless the applicant files a certificate of insurance with the borough at the time of license application. The certificate of insurance shall contain a provision that coverages under the policy will not be canceled until at least 15 days' prior written notice of such cancellation has been given to the borough. The certificate of insurance, maintained at the expense of the applicant, for comprehensive general liability, each of which must have a single occurrence and limit of at least $100,000. The contractor is also required to maintain property damage and bodily injury insurance, each of which must have a single occurrence and aggregate limit of at least $100,000.
D. 
All types and limits of insurance for which certificates are purchased at the time of application, based upon which license is issued, shall be maintained throughout the license year, or the license shall be suspended or revoked.
E. 
Exceptions and exemptions. The provisions of this article shall not apply to a nonprofit organization that is collecting recyclable materials for purposes of resale to provide moneys for the nonprofit organization. Said nonprofit organization shall not be required to obtain insurance.
F. 
The granting of a license to a recyclable hauler is not considered an exclusive franchise, and said license shall be opened to any individual that applies, provided that they meet the insurance requirements of this article.
G. 
The Code Enforcement Officer shall issue a contractor's permit for the refuse collector and recycler.
Any person violating or failing to comply with any provision of this article shall, upon conviction, be sentenced to pay a fine of not less than $50 nor more than $600, plus costs of prosecution, or to imprisonment in the Bradford County Jail for not more than 30 days, or both. Each separate infraction or each day's continuance shall constitute a separate offense.
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes a natural person, corporation, association or partnership.
REFUSE
Garbage, rubbish, ashes, animal or vegetable waste, dead animals or other similar discarded material.
No person shall keep or suffer to remain upon his or her premises or on any private property subject to his or her possession or control any garbage, putrid matter or other offensive or unwholesome matter or place the same upon any lot or piece of ground within the Borough of South Waverly; provided, however, that storage of garbage in sealed containers without offensive odor for a period not exceeding 10 days while awaiting collection by a licensed collector shall be permissible.
The provisions of this article shall not apply to a nonprofit organization that is collecting recyclable materials for purposes of resale to provide moneys for the nonprofit organization. Said nonprofit organization shall not be required to obtain insurance.
Any person who shall violate any part of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $600, plus costs of prosecution, or to imprisonment for no more than 30 days, or both. Each day's continuance of violation shall constitute a separate offense.