Chapter 19, Garbage, Rubbish and Refuse

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake as indicated in article histories. Amendments noted where applicable.]

Brush, grass and weeds -- See Ch. 6.
Junkyards -- See Ch. 23.
Littering and dumping -- See Ch. 25.
Disposal of nuclear waste -- See Ch. 27.
Abandoned vehicles -- See Ch. 45.

ARTICLE I, General Provisions [Adopted 4-17-1984 by Ord. No. 3-84EN]

§ 19-1. Definitions.
As used in this article, the following terms shall have the meanings indicated:
GARBAGE -- Every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of meat, fish, fruit or vegetables.
RUBBISH -- Waste material and refuse of every character collected or accumulated within the Borough, except garbage, and shall include by way of enumeration, but not by way of limitation, grass, leaves, sticks, tree branches, stone, concrete, old boards, broken glass, used furniture or household appliances, tin cans and newspapers.

§ 19-2. Unlawful disposal.
It shall be unlawful for any person, firm or corporation to dispose of or dump garbage or rubbish upon the streets of the Borough or upon any public or private premises other than those duly designated for such purpose, unless by special permission of the Borough Council.

§ 19-3. Placement in containers.
All garbage and rubbish shall be placed in containers of the type and size hereinafter prescribed, and said containers shall be placed at convenient outdoor pickup locations on the terrace next to the street in residential areas.

§ 19-4. Limitations on collections.
A. Borough employees, servants or agents will not go upon private property to collect rubbish or garbage, except areas that are open to the public.
B. The following items will not be collected by Borough employees and must be disposed of by the owner thereof:

(1) Motor vehicles.
(2) Waste from the demolition, destruction, burning or disposal of buildings.
(3) Large household appliances, e.g. stoves, refrigerators, washing machines, dryers, freezers.
(4) Concrete.
(5) Large limbs, tree trunks and tree roots.
(6) Items weighing more than 50 pounds or 27 kilograms.
C. Newspapers must be tied in bundles.
D. Cardboard boxes must be broken down and bundled.
E. Garbage containers shall not exceed 50 pounds or 27 kilograms in weight.

§ 19-5. Standards for cans or bags.
All garbage shall be placed for collection in standard size (not to exceed 35 gallons or 132 liters) metal or plastic garbage cans with covers and handles or in plastic or waterproof paper trash bags. The trash bags must be tied and be sturdy enough so that they can be handled without breakage or tearing.

§ 19-6. Receptacles required.
Any person using or occupying any building, house, boathouse, dock or structure within the Borough shall provide and maintain in good order and repair garbage or trash receptacles of sufficient number to contain the garbage or trash that will accumulate on the premises.

§ 19-7. Removal of receptacle contents.
It shall be the duty of every owner of a garbage or trash receptacle to remove, or to have removed, the contents of the same in accordance with this chapter at least once a week.

§ 19-8. Unauthorized removal from containers.
It shall be unlawful for any person other than a duly authorized employee, servant or agent of the Borough to collect or remove any garbage or trash from garbage and trash receptacles used in the regular Borough collection service or from any container utilized in the Borough container collection service.

§ 19-9. Receptacle specifications.
Receptacles used for storage of refuse materials shall be watertight and meet the following specifications:
A. Trash cans shall be of a durable grade of galvanized metal or other suitable material approved by the duly authorized employee, servant or agent of the Borough, from 20 to 32 gallons' capacity and weighing less than 25 pounds empty or 75 pounds fully loaded with normal refuse. They shall be provided with two lifting handles on opposite sides and a tightly fitting cover with a lifting handle. The can shall be without inside protrusions, and the refuse shall be loosely packed so that the contents shall discharge freely when the receptacle is inverted.
B. Refuse bags shall be made of heavy, multiple-ply paper or polyethylene or ethylene copolymer resin and designed for outdoor storage of refuse. Bags must be securely tied or sealed to prevent emission of odors, be of a material so liquids and greases will not be able to penetrate through the material and be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling.

§ 19-10. Damaged or deteriorated receptacles.
Receptacles which have deteriorated or have been damaged to the extent that the covers will not fit securely or those having jagged or sharp edges capable of causing injury to refuse collectors or other person whose duty is to handle containers are declared a nuisance and shall be condemned by the Borough of Harveys Lake or its authorized representatives. If such receptacles are not removed within five days after notice of such defective conditions to the owner or user, then such receptacles shall be confiscated.

§ 19-11. Placing garbage in receptacles.
Garbage or trash that is mixed with water or other liquids shall be drained before being placed in a garbage or trash receptacle. Animal matter that is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a garbage receptacle. Grease in a free-flowing state shall be reduced to a solid.

§ 19-12. Certain matter not to be placed in receptacles.
Dead animals, feces (except baby diapers), poisons, explosives, dangerous or corrosive chemicals, heavy metals or metal parts, lumber, dirt, rocks, bricks, concrete blocks, tires, crates and other refuse from construction or remodeling shall not be placed in receptacles used for regular collection service.

§ 19-13. Unauthorized use of receptacles; removal of refuse from adjacent right-of-way.
A. It shall be unlawful for any person to place, or permit another to place, any garbage or trash in any receptacle at any refuse collection point unless the refuse is from the premises served by the container or from the premises at which the receptacle or collection point is located.
B. The owner or occupant of any building, house, boathouse, dock, structure or land shall cause to be removed all refuse items of the nature which are prohibited by the regular collection service and which are located, owned or deposited on the property or on the public right-of-way adjacent to the property, and the existence of refuse or any other item on the property or the adjacent public right-of-way shall be prima facie evidence that such owner or occupant failed to remove, as provided by this chapter, at his own expense, the refuse or other item or items so stored or located thereon. Removal within three days of notice by the Borough is required.

§ 19-14. Supervision of receptacles; notice to Borough of failure to empty receptacles.
Each owner, manager, occupant, tenant or lessee of a house, building, boathouse, dock or dwelling unit used for residential purposes shall maintain supervision and surveillance over the garbage or trash receptacles serving such premises, and if such receptacles are not emptied and the contents removed by an employee, servant or agent of the Borough for a period of five days, he shall notify the Borough of the fact within five days after the expiration of the above-stated period.

§ 19-15. Collection requirements.
A. Regular Borough collection service shall be provided one time per week for the protection of public health and the control of flies, insects and rodents.
B. All collections will be made from a place easily accessible to the street from which the collections are made. Collections will not be made from inside structures or enclosures. Grass cuttings, bundles of hedge cuttings, etc. must be placed on the curb or edge of the street to be eligible to be picked up. No garbage or rubbish receptacle for collection purposes shall be placed at any location from which collection is made prior to 6:00 p.m. on the evening before the scheduled collection.

§ 19-16. Collection fees.
A. Fees for regular collection will be made as follows on an annual basis:

Type of Premises
One-family residence
Two-family residence
Mobile home (trailer)
Dock owner
Boathouse owner
Apartment (each apartment)
B. If one of the above constitutes one and the same owner and is used only by that owner, he shall pay only one fee.

§ 19-17. Responsibility for payment; collection from nonresidential premises.
A. Each person or property owner who owns more than one residence, mobile home (trailer) or land which mobile home or trailer is situated on, apartment, boathouse or dock is responsible to pay the annual fee on each residence, mobile home (trailer) or lands which mobile home (trailer) is situated on, apartment, boathouse, and dock.
B. Business, commercial, educational and other nonresidential buildings and institutions are responsible for their own removal of garbage and trash at their own cost. However, they are subject to each and every section of this chapter as it applies to them.

§ 19-18. Exemptions from fee.
Each person or property owner who has attained the age of 65 years and who has a total income from all sources of less than $5,000 per annum is exempt from the garbage fee imposed by this chapter. However, said person is subject to all other rules and regulations concerning garbage and trash removal as herein stated.

§ 19-19. Additional rules and regulations.
The Council or its designated representative shall have the authority to make such additional rules and regulations concerning the manner and method of Borough refuse collection and to increase the garbage fee or rate as needed. The Council or its designated representative shall also have the authority to provide for the creation or appointment of such officers, Clerks, collectors and other assistants and employees as may be deemed necessary for the collection of the garbage fees, for a reasonable fee imposed under authority of this chapter.

§ 19-20. Limit on number of containers.
Normal collection shall be limited to three containers of refuse or the equivalent thereof, and collections in excess of this may at any time be subject to such special fees or charges as authorized above.

§ 19-21. Timely payment of fees.
If said fee is paid within 60 days of the date of issue, a 2% rebate on said fee will be allowed. If said fee is paid after 120 days of the date of issue, a 2% penalty on the face amount of the fee will be charged. If there is a nonpayment of the garbage fee, then the Borough shall have the right to proceed against such person or persons in a manner provided by law for the collection of a municipal claim.

§ 19-22. Violations and penalties.
A. Any person who shall violate any provision of this chapter shall, upon conviction thereof for each violation, be subject to a fine of not less than $100 nor more than $300 plus costs of prosecution. [Amended 7-21-1998 by Ord. No. 2-1998]
B. Each day that such violation exists shall be considered a separate and distinct violation.

ARTICLE II, Solid Waste Collectors [Adopted 1-16-1991 by Ord. No. 1-1991]

§ 19-23. Short title.
This article shall be known as the "Solid Waste Collectors' Licensing Ordinance."

§ 19-24. Definitions.
As used in this article, the following terms shall have the meanings indicated:
COLLECTOR -- Any person collecting or transporting municipal solid waste for monetary or business purposes, including the municipality itself if it undertakes the collection of municipal solid waste directly, and any business or institution within the municipality which generates sufficient municipal solid waste to require disposal directly by its own employees and equipment.
DISPOSAL -- Transporting waste materials to an incinerator, sanitary landfill, a resource recovery facility or other site and making final deposition.
MUNICIPAL WASTE -- Except as modified by the current contract between the designated disposal facility and Luzerne County, any garbage, refuse, industrial lunchroom or office waste and other 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 in the Solid Waste Management ActEN 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.
PERSON -- Includes any natural person, association, partnership, firm or corporation.

§ 19-25. Licensing of collectors.
A. General requirements.

(1) No person shall act as a municipal solid waste collector in this municipality without first obtaining a license from the Borough of Harveys Lake pursuant to this article.
(2) Each collector's license hereunder shall be effective for a maximum of one calendar year, terminating on December 31 of the year for which it was issued and subject to renewal upon application.
(3) Application for a collector's license shall be made on a form prescribed by the municipality and made to the agency designated by the Borough of Harveys Lake. Each application must be accompanied by proof of adequate insurance coverage and by a fee in accordance with Subsection B of this section. Proof of said insurance coverage must be submitted to the county's designated facility prior to the delivery of waste.
(4) Any collector who possesses a valid license issued by another municipality in the county shall be entitled to a license conditioned only upon continuing compliance with this article and any other solid waste ordinance of this municipality.
(5) A licensee of another municipality, as provided in Subsection A(4) above, may be issued a license if he supplies proof of his holding a valid license in another municipality, sufficient additional information to fill out the application for a license and payment of a fee in accordance with Subsection B of this section.
(6) No license is transferable from one collector to another or one vehicle to another.
(7) Upon receipt of said application and fee, the agency designated by the Borough of Harveys Lake shall either issue or refuse to issue a license to the applicant within 30 days.
B. Licensing fees.EN The fee for such license shall be $_____ per year per collector, with an additional charge of $_____ per vehicle, prorated according to the number of months in the license year.
C. Management and collection requirements.
(1) All vehicles used for the collection and transportation of municipal waste must satisfactorily comply with the regulations of the Commonwealth of Pennsylvania and any other solid waste ordinance of Harveys Lake Borough.
(2) All collectors shall place a copy of the license in each vehicle operated in the municipality. Each vehicle shall bear the number of the license plus a sequential number referring to the vehicle in a conspicuous location on the exterior of the vehicle.
(3) All vehicles shall be inspected and reinspected annually by an agent designated by the municipality.
(4) No licensed collector shall dispose of any municipal waste collected in Harveys Lake Borough, Luzerne County, Pennsylvania, except at the disposal facility designated by an executed contract with Luzerne County.
(5) The penalty for violation of this article or for operating without a license in accordance with this article shall be $500 plus all court costs and revocation of the license. Each day that a violation continues shall constitute a separate violation.

§ 19-26. Compliance required; responsibility of Borough.
It is the responsibility of the Borough of Harveys Lake to ensure that all terms and conditions of this article, the Luzerne County Municipal Waste Management Plan and the Luzerne County designated disposal facility contract are complied with by the collectors.

ARTICLE III, Recycling [Adopted 6-18-1991 by Ord. No. 4-1991]

§ 19-27. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS -- Empty all-aluminum beverage or food containers.
BIMETALLIC CONTAINERS -- Empty food or beverage containers consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENT -- Those properties primarily for commercial or industrial purposes.
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 sports 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-coated steel food or beverage containers.
GLASS CONTAINERS -- Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
LEAD ACID BATTERIES -- Includes but is not limited to automotive, truck, marine and industrial batteries that contain lead.
MAGAZINES AND PERIODICALS -- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
MUNICIPAL ESTABLISHMENTS -- Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPALITY -- The Borough of Harveys Lake.
NEWSPAPERS -- Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are glossy advertising inserts often included with newspapers.
PERSON(S) -- Owners, lessees and occupants of residences, commercial or institutional establishments.
PLASTIC CONTAINERS -- Empty plastic food and beverage containers with the recycling symbol.
RECYCLABLE MATERIALS -- Source separated or commingled recyclable materials, including materials listed in Section 1501 of Act 101,EN and materials identified by the municipality to be recycled.
RESIDENTIAL DWELLINGS -- Any occupied single or multifamily dwellings for which the municipality provides municipal waste collection service.
WASTE -- 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 material approved by the Department for beneficial use.

§ 19-28. Program established.
This section establishes the specific regulations of the recycling program. The regulations which are attached hereto and made part hereof as Exhibit AEN include the specifics of the recycling program, and the municipality is empowered to make changes to the program regulations as necessary. Subsequent changes in the program regulations may be made through approval of the council of Harveys Lake Borough after public notice.

§ 19-29. Separation required.
A. The resident of each residency within the Borough of Harveys Lake shall separate recyclable newsprint from other recyclable material per this article but may commingle those other recyclable materials. The proper commingling and separation shall be in the thirty-two-gallon container provided to each resident by the municipality. Each residency shall commingle all recyclable material, except paper, in said container. Papers must be separated, bound in cotton string only, may be placed in brown paper grocery bags and then may be placed upon the other recyclable materials in the container with the lid of the container placed on top.
B. The appropriate municipal authorities are herein authorized to designate, by regulations, the days, times and manner for the collection of recyclable newsprint, recyclable aluminum cans, recyclable bimetallic containers, recyclable plastic containers and recyclable glass containers.

§ 19-30. Lead acid batteries.
The disposal of lead acid batteries at the curb with ordinary household waste is prohibited.

§ 19-31. Ownership; unauthorized collection.
From the time of placement at the curb or at a municipal recycling site of any recyclable materials enumerated herein, pursuant to the provisions of this article and the regulations issued hereunder, such recyclable materials shall become and be the property of the Borough of Harveys Lake. It shall be a violation of the terms of this article for any person, other than authorized personnel of the Borough of Harveys Lake, to collect, pick up or cause to be collected or picked up any such recyclable materials after placement at the curb or at a municipal recycling site. Each such collection or pickup in violation hereof shall constitute a separate and distinct offense.

§ 19-32. Sale or donation of recyclable materials.
Notwithstanding any provision of this article, any person having ownership of the recyclable material may sell or donate recyclable materials enumerated herein to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such recyclable materials may not be placed for collection at, nor collected from the curbside or at a municipal recycling site.

§ 19-33. Recycling of materials.
This article prohibits any individual within the municipality from disposing of the recyclable materials and leaf waste enumerated herein with the ordinary municipal waste. Each violation of the aforesaid shall constitute a separate and distinct offense.

§ 19-34. Franchise or license.
The municipality is allowed to enter into agreements with any agency to collect the recyclable materials.

§ 19-35. Violations and penalties.
A. Any person, partnership or corporation who violates or fails to comply with any provision of this article or any regulation promulgated thereunder, with the exception of those persons violating § 19-32 of this article, shall, upon conviction thereof in a court of summary jurisdiction, be punishable by fines of not more than $10 for the first offense, not more than $25 for the second offense and not more than $50 for the third offense.
B. Any person who violates § 19-32 of this chapter, upon conviction thereof, shall be sentenced to pay a fine of not less than $25 and not more than $300.
C. Any person who places any material other than the designated recyclable material into the designated bins at the municipal recycling site, upon conviction thereof, shall be sentenced to pay a fine of not less than $25 and not more than $300.