CHAPTER 1060
Garbage and Rubbish Collection and Disposal
1060.01   Purpose; intent.
1060.02   Definitions.
1060.03   Storage requirements.
1060.04   Collection and removal.
1060.05   Prohibitions.
1060.06   Licensing of haulers.
1060.07   License fee; conditions of license.
1060.08   Hours and days of collection and hauling.
1060.09   Failure to keep collection charges current.
1060.10   Waste dumpsters.
1060.99   Penalty.
   CROSS REFERENCES
   Authority to prevent accumulation of waste - see Borough Code § 1202(10) (53 P.S. § 46202(10))
   Authorization and provision for collection and disposal of waste - see Borough Code § 1202(11) (53 P.S. § 46202(11))
   Authority to erect, maintain and operate garbage plants - see Borough Code § 1202(45) (53 P.S. § 46202(45))
   Accumulation or storage of junked, abandoned or discarded vehicles and other articles - see GEN. OFF. 674.01
   Dumping on Borough property - see GEN. OFF. 674.06
   Garbage and rubbish grinders and disposers - see S.U. & P.S. 1040.21
   Junkyards - see P. & Z. 1276.10
   Landfill areas - see P. & Z. 1276.11
1060.01   PURPOSE; INTENT.
   It shall be the purpose and intent of this chapter to provide a comprehensive collection system from the premises of all residential, commercial, industrial and other properties, of all garbage, rubbish and other types of refuse; to require that the owners and/or occupants of all properties and premises within the Borough be responsible for the proper storage of such refuse materials and for locating such materials in a manner that will provide for easy access by collectors for the disposal of such refuse; to provide penalties and fines for the violation of or noncompliance with any of the requirements of this chapter; to make payment for the collection and removal of refuse from off of the properties and/or premises under their control; and to establish procedures, rules and regulations for contractors and others who collect and remove garbage, rubbish and other types of refuse from the Borough; all to comply with other applicable ordinances of the Borough and the laws of the Commonwealth, as they now exist or as they may exist in the future.
(Ord. 1993. Passed 7-17-86.)
1060.02   DEFINITIONS.
   As used in this chapter:
   (a)   “Animal waste” means the waste materials discharged from animals, including animal excrement and fecal matter.
   (b)   “Borough” means the Borough of Ellwood City, Lawrence and Beaver Counties, Pennsylvania.
   (c)   “Clean-up materials” means rags, clothing, bottles, glass, plastic, leather, newspaper, magazines tied and bundled, cooking utensils and other such household scrap or items which have been used by the occupant of a residential property. Excluded are such items as lawn refuse, building materials, rubber tires, large pieces of used furniture such as springs, mattresses, stoves, refrigerators, carpeting, etc., tree limbs and trunks, automotive parts, explosives and any item or material that cannot usually be handled by two men for loading into a refuse collection truck. In addition, this definition does not include the materials which have been designated by the Borough as materials to be recycled as set forth in Chapter 1062.
   (d)   “Collector” means a person who the Borough may license or designate to collect all garbage, rubbish and refuse within the Borough.
   (e)   “Commercial and industrial establishments” means those places, buildings or properties which are used for purposes other than residential and which are located within areas zoned for such purposes, including those establishments located in other zoned areas, but which are classified as a nonconforming use under the Zoning Code.
   (f)   “Dwelling unit” means any group of rooms located within a dwelling and forming a single habitable unit with facilities which are used, or intended to be used, for living, sleeping, cooking and eating.
   (g)   “Garbage” means all animal and vegetable waste attending or resulting from the handling, dealing, storage, preparation, cooking and consumption of foods; all refuse of animal or vegetable matter which has been used for food of man or which was intended to be so used, excluding fruit from trees in excess of ten pounds in residential properties. This definition does not include the materials which have been designated by the Borough as materials to be recycled as set forth in Chapter 1062.
   (h)   “Human waste” means waste materials discharged from humans, including human excrement and fecal matter.
   (i)   “Junk car” means a motor vehicle which, because of its condition or repair, cannot function as a means of transportation without substantial refurbishing.
   (j)   “Lawn refuse” means and includes leaves, clippings from hedges and bushes, small twigs or branches, but does not include limbs or branches in excess of thirty inches in length and two inches in diameter, stones, rocks, bricks and dirt. “Lawn refuse” applies only to that refuse which comes from private residential properties.
   (k)   “Occupant” means a person generally in possession and control of any dwelling or premises.
   (l)   “Person” means and includes any natural person, firm, partnership, co- partnership, association, corporation or organization of any kind.
   (m)   “Refuse” means rubbish and all other waste materials from residential, commercial, industrial and all other places and properties in the Borough. “Refuse” does not include the materials which have been designated by the Borough as materials to be recycled as set forth in Chapter 1062.
   (n)   “Residential property” means any property or parcel of land on which there is a place of residence for one or more persons, such as single-family dwellings, multifamily dwellings, apartment buildings, dwelling units in buildings which have other uses, such as retail stores, and all other such places occupied and used by persons as dwelling units and as may be determined as such by the Health Officer.
   (o)   “Rubbish” means and includes all rags, paper, broken glass, bottles, cans, crockery, plastic containers and other small household refuse such as may be accumulated by normal residential uses of property as a dwelling unit or dwelling units. “Rubbish” shall not include such items as ashes from heating or plants or dirt resulting from lawn care; refuse caused by repair, alterations or new construction of buildings or sidewalks, such as concrete, bricks, lumber, shingles and all other types of building materials; or rubber tires, automotive parts, explosive materials and other items and materials not commonly and generally associated with household waste and refuse. “Rubbish” does not include the materials which have been designated by the Borough as materials to be recycled as set forth in Chapter 1062.
   (p)   “Special premises” means places, buildings or properties such as churches, hospitals, schools, colleges, Federal, State and local government buildings, civic associations and other nonprofit organizations.
   (q)   “Surgical waste” means those materials and organs of humans or animals which are to be disposed of as a result of surgery performed by a physician or veterinarian.
(Ord. 1993. Passed 7-17-86; Ord. 2037. Passed 11-11-88; Ord. 2100. Passed 8-19-91.)
1060.03   STORAGE REQUIREMENTS.
   (a)   Responsibilities of Owners and Occupants. It shall be the duty and responsibility of any owner or person in possession, charge or control of any dwelling or place of business where garbage, rubbish and other refuse is produced and accumulated, and of every resident, household, tenant and person occupying a dwelling unit and other such places within the borough to:
      (1)   Place all garbage, rubbish and similar household refuse in plastic bags, or either a thirty-five gallon or a ninety-six gallon trash container.
(Ord. 2581. Passed 7-19-21.)
      (2)   Keep and maintain receptacles in good and sanitary condition and replace any such receptacles which may have ragged or sharp edges, holes or other defects.
      (3)   Deposit in receptacles all garbage and rubbish which may be produced or accumulated daily on the premises. In the case of residential properties, such receptacles shall first have a plastic bag inserted.
      (4)   Keep all receptacles securely covered to prevent the contents from being scattered about and to prevent the propagation of rats, flies and other insects or vermin.
   (b)   Storage on Residential Property.
      (1)   Containers. Garbage and rubbish that has accumulated shall be placed in containers into which plastic bags have first been inserted. Containers shall be durable, watertight and made of rust-resistant galvanized material or heavy plastic, with a tight-fitting lid. Upon notification of the Health Officer, unsatisfactory containers must be replaced. Plastic bags must be securely tied off prior to the time of collection.
      (2)   Plastic bags.
         A.   Persons on residential properties must place all refuse as described herein in polyethylene plastic bags, as provided by the contractor designated by the Borough. Such bags shall be available from the contractor and from other points of distribution as may be announced by the contractor. The purchase of the bags shall include the cost of collection, removal and disposal by the contractor in accordance with the specifications prepared by the Borough and the bid awarded by the Borough to an acceptable contractor. The bags shall be designed to hold the contents of a standard thirty-gallon refuse container and shall be waterproof, sealable and of sufficient strength to permit rough handling. The minimum thickness of the polyethylene shall be two mils. The gross weight of the bag placed for collection shall not exceed seventy pounds. The bags must be closed and secured prior to placement for collection. Bags exceeding the maximum weight may not be collected.
         B.   The contractor shall include the cost of collection service in the price of the bags. A customer purchasing bags will also purchase the contractor's collection service. The contractor may provide the bags through sale at established outlets and as approved by the Borough. No location shall be used by the contractor without the approval of the Borough. The bags shall be packaged to permit convenient purchase of small or large quantities.
         C.   The number of containers and bags per residential property or for each dwelling unit is unlimited, provided that there is a sufficient number of containers with bags to store all refuse materials accumulated between collection periods.
         D.   No person, within the Borough, shall place for collection or use for collection any plastic bag which is not a plastic bag provided by the contractor. Such bags shall not be collected by the contractor under the terms of this chapter and the contract between the Borough and the contractor.
      (2A)   Garbage Carts.
         A.   All carts furnished shall be new or in like new condition. The waste carts shall be designed to contain bags of municipal waste generated at single-family residences, and multi-family dwellings. The cart shall consist of a suitable body, wheels, axle, lift bars, handle, lid and necessary accessories.
         B.   The cart shall be capable of regularly receiving and dumping materials up to three hundred pounds for a ninety-five gallon; one hundred pounds for a thirty- five gallon: excluding the weight of the cart. Each cart shall be furnished with a fully functional lid attached. Lids shall be hinged and open a full two hundred seventy degrees, free of tension. Lids shall overlap the cart body in order to prevent the intrusion of rain or other debris. Lid shall be designed so as not to warp, bend, slump or distort to an extent that it will no longer fit the cart or otherwise become unserviceable.
         C.   The cart must be equipped with handles designed to safely maneuver the cart. Handles can be molded in or bolted on but must be attached prior to delivery and durable enough to withstand everyday usage and wear and tear.
         D.   The cart shall be equipped with two wheels and a metal axle. The wheels shall be a minimum of ten inches and able to support the specified maximum cart weight. The cart shall be stable and self-balancing when in the upright position, either loaded or empty. The cart must be designed to withstand minimum winds of twenty-five miles per hour when empty. Carts must be easy to tilt and roll when fully loaded to specified capacity.
         E.   The cart must be equipped with attachment points, which make it compatible on American semi-automated bar-locking lifters. Carts must also be compatible with the gripping devise (pinchers) on fully automated collection vehicles. Thirty-five gallon carts will be accepted with plastic lower lift bars if they meet all other specifications. The exterior dimensions of the completely assembled carts shall be within the allowable ranges as follows:
 
95 Gallon
35 Gallon
Height 42 to 48 inches
Depth 33 to 35 inches
Width 26 to 29 inches
Height 37 to 42 inches
Depth 22 to 27 inches
Width 19 to 24 inches
 
         F.   Each cart must be permanently marked as follows:
               Serial numbers: Each cart must have a six-digit serial number hot stamped in white on the cart in a visible location.
         G.   Cart colors should easily differentiate yard waste carts from recycling carts.
         H.   The contractor must have storage capacity sufficient to handle the inventory of carts and lids required prior to start-up of the contract and also for replacement inventory during the duration of the contract.
         I.   The carts shall be provided with instructions for proper use, including any customer actions that would cause damage, such as placement of hot ashes in the container causing the cart to melt, and procedures to follow to minimize potential fire problems. The Borough will provide to the contractor for reproduction and distribution with the carts, a template of a pamphlet explaining the "do's and don'ts," for garbage, yard waste and recyclables, directions for placement of the cart, and a place for the contractor to indicate the day of the week when the customer will receive collection.
         J.   The contractor shall deliver the thirty-five and ninety-five gallon carts to occupants who move into the contractor's collection area; to customers who switch to a new service level; and to customers who need a cart replacement for a damaged cart. Carts shall be delivered no later than five business days after request from the resident. Damaged carts shall be removed at the same time a replacement cart is delivered. Upon breach of the contract contractor supplied carts shall remain the property of the Borough until arrangements can be made with a new contractor to supply carts and commence service.
         K.   Deliveries to newly constructed housing units shall be free of charge. The contractor may collect a service charge of $5.00 for one cart, $8.00 for two carts, or $10.00 for three carts for the delivery/exchange for whatever reason to existing occupants and those moving into existing structures. Existing occupants shall be limited to one exchange per calendar year. Carts shall be delivered no later than five business days after notice from the Borough. Damaged carts shall be removed at the same time a replacement cart is delivered.
(Ord. 2581. Passed 7-19-21.)
      (3)   Point of collection.
         A.   All containers or bags shall be placed at the edge of travelable alleys. For dwellings not located near a travelable alley, the containers or bags shall be placed at the front curb.
         B.   Containers or bags shall not be placed out for collection until after 6:00 p.m. on the day prior to the collection day and at the same location, so that none will be missed by the collectors.
         C.   The collector shall not be responsible for any broken or torn plastic bags which have been placed out for collection, the contents of which may have been spilled or spread upon the ground in the area. It shall be the responsibility of the occupant of the premises placing the refuse out for collection to clean up all such scattered refuse materials immediately.
      (4)   Clean-up materials. Clean-up materials for collection shall not be placed out prior to 6:00 p.m. of the day prior to the day scheduled for collection. The days scheduled for collection of such clean-up materials shall be fixed by Council from time to time and by arrangement with the contractor.
      (3)   Point of collection.
         A.   All containers or bags shall be placed at the edge of travelable alleys. For dwellings not located near a travelable alley, the containers or bags shall be placed at the front curb.
         B.   Containers or bags shall not be placed out for collection until after 6:00 p.m. on the day prior to the collection day and at the same location, so that none will be missed by the collectors.
         C.   The collector shall not be responsible for any broken or torn plastic bags which have been placed out for collection, the contents of which may have been spilled or spread upon the ground in the area. It shall be the responsibility of the occupant of the premises placing the refuse out for collection to clean up all such scattered refuse materials immediately.
      (4)   Clean-up materials. Clean-up materials for collection shall not be placed out prior to 6:00 p.m. of the day prior to the day scheduled for collection. The days scheduled for collection of such clean-up materials shall be fixed by Council from time to time and by arrangement with the contractor.
   (c)   Storage on Commercial Properties.
      (1)   The storage of garbage, rubbish and other refuse on commercial properties shall be in the same type of containers as are required for residential properties, except where the accumulation of such commercial property is in excess of an amount that can be stored in three such containers for a period of one calendar week. The owner or occupant of the commercial establishment shall make special arrangements with the collector for the storage and removal of such additional quantities. Special arrangements between the owner or occupant of a commercial establishment and the collector shall include the following:
         A.   The type of special bulk container to be furnished by the collector, as may be approved by the Health Officer.
         B.   Collection periods that may be more frequent than are required for residential properties, such schedule of collection to be approved by the Health Officer.
         C.   The cost of collection service, such cost to be agreed upon by the collector and the owner or occupant of the commercial property.
      (2)   Containers for collection at commercial properties shall be located on the premises at a place agreed upon by the owner or occupant of the commercial property and the collector and approved by the Health Officer and the Fire Chief. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets or other entrances and exits of private or public buildings.
   (d)   Storage on Special Premises. The storage of garbage, rubbish and other refuse on special premises shall be subject to the same provisions as are provided for commercial properties in subsection (c) hereof.
   (e)   Storage on Industrial Properties. The storage of garbage, rubbish and other refuse on properties classified as industrial and manufacturing shall be the same as provided for commercial properties in subsection (c) hereof.
   (f)   Storage for Certain and Special Conditions.
      (1)   The storage, for collection and removal, of clothing, bedding or other refuse from homes or other places where infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer. Such materials shall not be placed in containers for regular collection.
      (2)   Highly inflammable or explosive materials shall not be placed in containers for regular collection, but shall be disposed of as directed by the Fire Chief and at the expense of the owner or possessor thereof.
(Ord. 1993. Passed 7-17-86; Ord. 2037. Passed 11-11-88.)
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