[Adopted 7-16-1991 by Ord. No. 603, approved 7-16-1991[1]]
[1]
Editor's Note: This ordinance also provided
that it shall take effect 9-1-1991.
For the purposes of this article, the following
words shall have the meanings as herein defined:
The number of gallons of recyclables collected over and above
the quantity identified as "basic service."
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
A container which is comprised entirely of aluminum and which
contains or formerly contained only nonaerosol edible substances.
Any building housing three or more living quarters. Each
living quarters may be considered a single dwelling receiving service
if each sets out its own containers; or if the material is combined
in common containers for each collection and the owner, or representative
of the owner, is responsible for the contract, the combined service
will then be billed accordingly.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
The amount of recyclables, up to 64 gallons, to be collected
per scheduled weekly collection from each single dwelling and/or commercial
establishment.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
The Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania.
The individual, corporation, partnership, entity, or political
subdivision designated by the Borough to collect designated recyclable
materials in accordance with this article.
[Added 7-16-2019 by Ord.
No. 936, approved 7-16-2019]
Containers comprised of aluminum, steel, tin or a combination
thereof, which contain or formerly contained only nonaerosol edible
substances.
All corrugated or other cardboard normally used for packing,
mailing, shipping or containerized goods, merchandise or other material,
but excluding plastic, foam or wax-coated or soiled cardboard.
The time of regular collection of refuse.
Any business, industry, institution or apartment house, or
combination of businesses, industries, institutions or apartment houses,
which shall accumulate recycling for disposal and collection in one
or a series of containers; shall also include any single dwelling
unit producing more than 64 gallons of recyclables per week.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
Approved Container. An approved container shall be a round "garbage-can
style" container with two handles and a snap-tight lid with a capacity
of 32 gallons, or rectangular bin with a capacity of 18 gallons with
a snap-tight lid. The color of the body and the lid of the container
shall be blue. Containers shall display the approved Borough recycling
logo on the exterior. Replacement containers and lids shall be purchased
from the Borough of Shippensburg at the Borough office, with costs
established, from time to time, by resolution of the Council of the
Borough of Shippensburg or through an authorized distributor of such
containers as approved by Borough Council from time to time. Containers
shall have a maximum filled weight of 50 pounds.
Additional standards for containers may be established by resolution
of Borough Council from time to time.
The Council of the Borough of Shippensburg, Pennsylvania.
Those recyclable materials designated by the Borough Council to be recycled as part of a single stream process within the Borough of Shippensburg. Designated recyclable materials for the curbside collection program shall be established from time to time by resolution of the Borough Council and shall be identified on the Borough website. Leaf waste is not considered part of the single stream process and is collected as described within § 99-16, Subsection E, entitled Curbside collection of leaf waste.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
The deposition, injection, dumping or placing of solid waste
into or on the land in such a manner that the solid waste or a constituent
of the solid waste enters the environment.[1]
A twin home, and each living quarters is considered a single
dwelling.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
A storage receptacle used to temporarily store debris or
garbage and which is then emptied of its contents or removed with
its contents.
[Added 5-4-2004 by Ord. No. 779, approved 5-4-2004]
Two living quarters, either one above the other or side by
side, which may be considered two single dwellings, each receiving
service, or as an apartment if the collection of recycling is combined
in common containers and paid for by the property owner or representative.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
All clear (flint), green and brown (amber) colored glass
containers. "Glass" shall not include crystal, ceramics, light bulbs
and plate, window, laminated, wired or mirrored glass.
All clippings removed from a lawn.
Any device specifically designed for the destruction, by
burning, of refuse or other combustible waste material.[2]
Any waste, including refuse, industrial lunchroom or office
waste and other material, including solid, semisolid or contained
gaseous material resulting from operation of residential, commercial,
municipal, industrial or institutional establishments, but shall not
include recyclable waste, leaf waste, grass clippings, automobile/truck
tires, batteries, used motor oil or hazardous waste as those terms
are defined in this article.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, 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.
Leaves, garden residues, shrubbery and tree trimmings and
similar materials, but shall not include grass clippings.
All newspaper, high-grade office paper, fine paper, bond
paper, office paper, xerographic paper, mimeo paper, duplication paper,
magazines, paperback books, school paper, junk mail, computer paper,
telephone books and similar cellulosic materials, but excluding wax
paper, plastic- or foil-coated paper, envelopes with glassine windows,
carbon paper, blueprint paper, food-contaminated paper, soiled paper
and cardboard.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including but not
limited to the Department of General Services and the State Public
School Building Authority) or any other legal entity whatsoever 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 having officers and directors.
See "designated recyclable materials."
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
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
other than a fuel for the operation of energy.[3]
See the definition in Chapter 150 of the Code of the Borough of the Shippensburg.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
The residence of a family as a unit, all using the same recycling
facilities simultaneously.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
A process that does not require the sorting and separation
of designated recyclable materials. All recyclable materials are placed
into one approved container for collection, as per the schedule published
by the Borough.
[Added 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
Any waste, including but not limited to municipal, residential
or hazardous waste, including solid, semisolid or contained gaseous
materials. The term does not include coal ash or drill cuttings.[4]
[1]
Editor's Note: The original definitions of "double house,"
"duplex" and "dwelling unit," which immediately followed this definition,
were repealed 12-16-2014 by Ord. No. 901, approved 12-16-2014.
[2]
Editor's Note: The former definition of "industrial establishment,"
which immediately followed this definition, was repealed 12-16-2014
by Ord. No. 901, approved 12-16-2014.
[3]
Editor's Note: The former definition of "row house," which
immediately followed this definition, was repealed 12-16-2014 by Ord.
No. 901, approved 12-16-2014.
[4]
Editor's Note: The former definition of "source-separate,"
which immediately followed this definition, was repealed 12-16-2014
by Ord. No. 901, approved 12-16-2014.
[Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999]
A.
Remove of recyclables. The Borough Collector shall remove all recyclable material. No person, firm or corporation, other than the Borough Collector, shall be permitted to remove recyclables from the Borough, except as defined in § 99-23C.
B.
Furnishing containers. The resident of each housing
unit shall be responsible for providing an approved container for
the storage of recyclables. No recyclables shall be stored at any
time in violation of this article. Apartment houses and commercial
and industrial establishments may utilize recycling containers which
can be hydraulically emptied into the recycling truck. Said unit shall
be purchased from the Borough of Shippensburg.
[Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999]
B.
Recycling containers.
(1)
All recycling containers shall conform to the provisions
of this article as defined herein.
(2)
Recycling containers shall be kept in a clean and
sanitary condition.
(3)
Any recycling containers not conforming to this article,
and as defined herein, or which are likely to injure an employee or
which hamper the prompt collection of refuse shall be replaced upon
notice by the Borough.
C.
Accumulation of recyclables.
(1)
All persons residing or doing business within the
limits of the Borough of Shippensburg shall provide for the removal
of accumulation of recyclable material at least one time in each period
of seven calendar days.
(2)
No person shall permit recycling material to accumulate on the surface of the ground or cause or permit recyclable material to be deposited on any street, alley, storm sewer, sidewalk, stream, body of water or other place. No recyclable material shall be permitted to accumulate on the front porch or front lawn or any area of a structure or property visible from a public street, except in accordance with Subsection D(2) hereof. In no event shall recyclable material be placed upon the property of another without the consent of the owner of the same.
(3)
Commercial establishments and industries, including
apartments, restaurants, hotels, markets and stores, shall provide
for the removal of recyclable material as often as shall be necessary
to maintain a sanitary and healthful condition; provided, however,
that in no event shall removal be less than one time in each period
of seven calendar days. Such establishments may utilize for storage
large, closed recycling containers which can be emptied into the recycling
truck.
(4)
No recyclable material accumulated or produced outside
of the Borough shall be brought into the Borough for collection, unless
specifically approved by the Borough Council in its sole discretion.
Rates and fees for such recyclable material shall be established at
time of approval.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
D.
Location of containers.
(1)
Recycling containers shall be placed, whenever possible,
at ground level on the property, not within the cartway of a street
or alley but accessible to and not more than five feet from the side
or curb of the street or alley from which collection is made. Where,
in the opinion of the Borough, the physical characteristics of a property
and the area adjacent thereto are such that compliance with this provision
for location of containers is not practical, the Borough may require
alternate locations for containers.
(2)
Recycling containers must be placed at the location
for collection by 4:00 a.m. on the scheduled day of pickup. Recycling
containers shall not be placed at the location for collection earlier
than 24 hours prior to collection and must be removed not later than
24 hours after collection.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
E.
Curbside collection of leaf waste.
[Added 5-4-2004 by Ord. No. 779, approved 5-4-2004]
(1)
The Borough shall establish curbside collection of leaf waste, as defined in Section 99-14 of this Article. Such collection shall occur once in the spring and once in the fall, as determined by Borough Council.
(a)
Items to be collected are leaves, garden residues,
shrubbery trimmings, tree trimmings, and similar material.
(b)
Tree trimmings and shrubbery trimmings shall
be no greater than two inches in diameter and three feet in length,
and shall be bundled and tied with twine or cord string only, or placed
in a container no larger than a thirty-gallon trash can.
(c)
Garden residue and leaves shall be placed in
a container such as a thirty-gallon trash can, or biodegradable bag.
(d)
Absolutely no plastic bags.
(e)
All containers and/or bundles shall be of a
weight that will allow one person to easily lift and empty into the
front box of a trash truck. In no instance shall weight exceed 35
pounds.
(f)
No grass will be collected.
(g)
Material must be placed at curbside, not more
than 24 hours prior to collection.
(3)
The Borough will collect loose leaves, raked to the
curbside, during the month of November. Collection of the loose leaves
will coincide with the Borough's street sweeping schedule, which
will be advertised within the Borough's newsletter and identified
on the Borough's website.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
(a)
Garden residues, shrubbery trimmings, tree trimmings, and similar
material are not permitted.
(b)
Grass and/or grass clippings are not permitted.
(c)
Leaves shall not be bagged. Any/all bagged leaves will be left
in place for removal by the property owner.
(d)
Due to the tendency for leaves to clog storm drains and prohibit
the effective removal of stormwater runoff:
(e)
Leaves accumulated prior to, and after, scheduled collection, as stated above, are to be promptly removed and taken to the Borough's compost facility. Failure to comply with this provision will result in enforcement action, as identified within § 99-21, entitled "Enforcement," and shall subject the violator, upon conviction, to Penalties for violations as forth in § 99-30.
(f)
The Borough reserves the right to extend the collection period
through December 10, if weather and staffing allows, at the sole discretion
of the Borough Manager. Residents must contact the Borough office
to determine if an extension has been issue, and to schedule pickup,
prior to placing leaves at the curbside. Pickup will be scheduled
on a first-come-first-served basis.
Disposal of refuse collected by the Borough
shall be at such location or locations as shall be designated by the
Council from time to time.
[Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999]
A.
Set by resolution. Rates for collection of recyclable
material shall not exceed those schedules which shall be adopted by
the Borough Council by resolution adopted from time to time.
B.
Billing. The Borough shall be responsible for the
billing and collection of the collection fees established hereunder.
Collection fees for recycling shall be payable quarterly, being due
and payable on the first day of January, April, July and October of
each year. Collection fees for premises which are not paid within
30 days of the due date of the bill for the previous quarterly period
shall be subject to a penalty of 5% per quarter of said bill, which
penalty shall be added to the collection fee due and shall be collected
as aforesaid.
[1]
Editor's Note: Former § 99-19, Outdoor
burning prohibited, was repealed 12-7-1999 by Ord. No. 714, approved
12-7-1999. See now § 99-8C.
[1]
Editor's Note: Former § 99-20, Private
incinerators, was repealed 12-7-1999 by Ord. No. 714, approved 12-7-1999.
The Borough Manager or his designee shall be
charged with the enforcement of the provisions of this article pertaining
to health matters, the Fire Chief with matters pertaining to burning
and the Police Department with all other violations.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
A.
Recycling program. In accordance with the Municipal Waste Planning,
Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 556,
No. 101, 53 P.S. § 4000.101 et seq., there is hereby established
within the corporate limits of the Borough of Shippensburg, Cumberland
and Franklin Counties, Pennsylvania, a program for the separate collection
of designated recyclable materials as are from time to time designated
by the Council of the Borough of Shippensburg from all non-physically
disabled residents of the Borough and from all other persons, including
commercial establishments, within said Borough whose solid waste is
collected by or on behalf of this Borough.
B.
Single stream. All persons and commercial establishments of the Borough served by the curbside program established pursuant to this article shall place all designated recyclable materials into the same approved container and place the approved container at the location designated by § 99-16D of this article on the date specified for the collection according to the schedule published by the Borough.
C.
All persons and commercial establishments within the corporate limits
of the Borough of Shippensburg who are not served by the curbside
recycling program may collect they designated recyclable materials
and dispose of said materials at a predetermined location, as established
from time to time by resolution of the Borough Council of the Borough
of Shippensburg.
D.
Apartments and condominiums. Every owner of an apartment or condominium
having four or more dwelling units shall provide for recycling through
the establishment of a collection system. 'The system shall provide
for the single stream collection of designated recyclable materials
for residential curbside collection. Such collection system shall
be approved by the Borough Manager or his designee.
[Amended 5-23-2002 by Ord. No. 757, approved 5-23-2002; 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
A.
Residential. Designated recyclables for the curbside program established
pursuant to this section shall be established from time to time by
resolution of the Borough Council. Designated recyclables will be
published annually and identified on the Borough website.
B.
Commercial. Designated recyclables for the curbside program established
pursuant to this section shall be established from time to time by
resolution of the Borough Council. Designated recyclables will be
published annually and identified on the Borough website.
C.
Exemptions from requirements.
(1)
In the event that a commercial establishment otherwise required by § 99-22D to single stream and recycle those designated recyclable materials is engaged in a program providing for the recycling of those designated recyclable materials, then, in that event, said establishment shall be exempt from the provisions of this article, provided that the commercial establishment shall furnish annually, not later than January 31 of the following year, a written report to the Borough setting forth the types of materials recycled and the total weight of such materials expressed in tons.
(2)
Any hauler other than the Borough Collector shall be required to
obtain a permit and license from the Borough in accordance with criteria
established by resolution from time to time.
[Amended 7-16-2019 by Ord. No. 936, approved 7-16-2019]
[Amended 7-16-2019 by Ord. No. 936, approved 7-16-2019]
From the time of the placement at the curb of any recyclable
materials pursuant to the provisions of this article, such recyclable
materials shall become and be the property of the Borough of Shippensburg.
It shall be a violation of this article for any person, other than
the Borough Collector, to collect, pickup or cause to be collected
or picked up any such materials. Each such collection or pickup shall
constitute a separate and distinct offense.
Notwithstanding any provision of this article
to the contrary, any person having ownership of the same may sell
or donate any recyclable materials to any person, partnership or corporation,
whether operating for profit or not for profit; provided, however,
that such materials shall not be placed for collection or collected
from the curbside.
[Amended 12-7-1999 by Ord. No. 714, approved 12-7-1999; 5-23-2002 by Ord. No.
757, approved 5-23-2002; 12-16-2014 by Ord.
No. 901, approved 12-16-2014]
A.
All newspaper shall be placed loosely into the approved container.
B.
Glass containers shall have caps and lids removed.
C.
Glass and cans shall be rinsed free of contaminants.
D.
Cardboard shall be broken down, as necessary, and placed into the
approved container.
E.
Glass, metal, aluminum, office paper and all plastics shall be placed
into the approved container. Plastics shall be compressed, as possible,
to provide space for any/all additional recycling materials.
F.
All recyclable materials are to be placed into the same approved
container. Approved containers shall not weigh more than 50 pounds,
including the weight of the container.
G.
Any single dwelling unit or commercial establishment producing more
than 64 gallons of recyclables per week, shall be required to purchase
either a sixty-four-gallon or ninety-six-gallon container from the
Borough, with rates and fees as established by resolution.
A.
No person shall dispose of leaves or grass, arrange
for the disposal of leaves or grass or cause leaves or grass to be
disposed at any solid waste facility other than a composting facility.
B.
All persons who gather leaves and who are served by
the Borough program for the separate collection of leaves shall source-separate
all leaves and place them for collection at the time and in the manner
heretofore or hereafter prescribed by the Borough.
C.
Nothing herein shall require any person to gather
leaves and grass or prevent any person from utilizing leaves or grass
for compost, mulch or other agricultural, horticultural, silvicultural,
gardening or landscaping purposes.
D.
All grass shall be either composed by the person collecting
said grass or disposed of by that individual in the manner provided
by regulation.
The Council shall have the power and duty to
adopt such regulations as it deems necessary to implement this article.
[Amended 12-16-2014 by Ord. No. 901, approved 12-16-2014]
The Borough Collector may refuse to collect
recyclables from any person who has contaminated the recyclables with
refuse or failed to recycle designated recyclable material.
[Amended 5-4-2004 by Ord. No. 779, approved 5-4-2004; 12-16-2014 by Ord. No. 901, approved 12-16-2014]
Any person, partnership or corporation violating
any provisions of this article shall, upon conviction in summary proceedings,
be sentenced to pay a fine of not less than $300 nor more than $1,000
per offense, plus court costs and reasonable attorney fees incurred
by the Borough in the enforcement proceedings. A separate offense
shall arise for each day or portion of a day in which a violation
is found to exist or for each section of this article which is found
to be violated.
