Borough of Milton, PA
Northumberland County
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Table of Contents
Table of Contents
[HISTORY Adopted by the Borough Council of the Borough of Milton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 85.
Brush, grass and weeds — See Ch. 99.
Outdoor burning — See Ch. 111.
Property maintenance — See Ch. 185.
[Adopted 9-25-1991 by Ord. No. 1020]

§ 204-1 Title.

This rticle shall be known as the "Borough of Milton Recycling Ordinance," and the same may be cited in that manner.

§ 204-2 Intent.

The Borough Council of the Borough of Milton, recognizing that the reclamation of recyclable materials has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources and a reduction in energy consumption, does hereby authorize the storage, collection and transportation of recyclable materials in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act

§ 204-3 Definitions. [1]

As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Empty all-aluminum beverage and food containers.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
For the purpose of collecting and transporting recyclables, the Borough of Milton or its authorized agent(s).
COMMERCIAL ESTABLISHMENT
Any premises engaged in retail trade or sale of goods. Expressly included are all restaurants and taverns, all industrial or manufacturing businesses and all types of offices.
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.
A. 
A building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
B. 
A building containing one dwelling unit only.
C. 
A building containing two dwelling units only.
D. 
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with the responsibilities of administering this article, or the official's authorized representative.
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.
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, such as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
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 Milton.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and 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. Also included is any sludge not meeting the definition of residual or hazardous
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisement and other matters of public interest. Expressly excluded are glossy advertising inserts often included with "newspapers."
OCCUPANT
Any person, including domestic service employees, living and/or sleeping in a dwelling unit.
PERSON(S)
Any individual, partnership, municipal waste hauler, scrap dealer, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of right and duties. In any provisions of this article prescribing a fine, imprisonment, 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.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including material listed in Section 1501 of Act 101,
[1]
Editor's Note: Per Ord. No. 1194, adopted 2-25-2015, the definitions contained in this section have been superseded by those in Ch. 2, Definitions.

§ 204-4 Applicability.

Those recyclable materials separated under the provision of this article and attached regulations shall not be considered municipal waste and shall not be subject to provisions of those ordinances which require disposal of municipal waste at designated facilities. This exemption applies to recyclable materials collected by the Borough of Milton or its agents and/or delivered to the Borough's dropoff facility by residents and/or collectors. Likewise, the Borough, or its designated agents, shall be exempt from all provisions of those ordinances which require disposal of municipal waste by licensed haulers. Recyclables separated, stored, collected or delivered in any manner other than the approved methods listed in this article and attached regulations, which shall be adopted by the Borough of Milton from time to time, shall be considered municipal waste and be subject to the provisions of the appropriate ordinance.

§ 204-5 Program established.

A. 
Residential. The Borough of Milton hereby establishes a mandatory residential program for the separation of no fewer than three recyclable materials from municipal waste by all persons within the Borough of Milton. Occupants shall be responsible for the separation of recyclable materials from solid waste and their preparation, storage and placement at curbside on the designated collection day(s), which in no case shall be less than once per month. Recyclable materials may also be delivered to any established dropoff site during the times permitted. Specific enforcement policies as well as the designation of the mandatory recyclables are defined in the attached regulations.
B. 
Commercial, institutional, multifamily and municipal. The Borough of Milton's recycling program shall include multifamily housing facilities, as well as commercial, institutional and municipal establishments, and community activities in accordance with the attached regulations. It is understood that as new recycling programs are developed in each of these areas, the recycling program instituted shall be mandatory. Immediately following program initiation, all affected persons shall be governed by the provisions of this article. It is further understood that each multifamily housing facility, as well as commercial, institutional and municipal establishments, shall submit an annual report of participation to the Borough of Milton in accordance with the time schedule and recommendations contained within the attached regulations, which shall be adopted from time to time by the Borough of Milton.
C. 
Public information and education program. As deemed appropriate, the Borough of Milton shall provide residents with information regarding household waste management as well as the collecting of recyclables and/or recycling program changes.
D. 
Specific program regulations. Specific program regulations shall be promulgated under this article, and the Borough of Milton is empowered to make changes to the program regulations as necessary. Subsequent changes in the program regulations may be made through the approval of the Borough Council after proper public notice and notification of all affected participants and shall not necessitate a change in this article itself.

§ 204-6 Leaf waste.

Immediately upon effect of this article, all persons who reside in one- and two-family dwellings and all persons who are responsible for administration of multifamily housing properties or commercial, municipal and institutional establishments who gather leaves shall separate all leaf waste from other waste and place it for collection at the times and in the manner theretofore or hereafter prescribed by the Borough of Milton. Nothing herein shall require any person to gather leaf waste or prevent any person from utilizing leaf waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscape purposes.

§ 204-7 Collection by unauthorized persons.

It is understood that any recyclables located at the curbside, in dropoff sites or in storage bins associated with residential, commercial, municipal, institutional or multifamily housing establishments are the property of the Borough of Milton. It shall be a violation of this article for any person(s) to collect or remove or cause to be collected or removed any such recyclable materials specified in the Borough of Milton's regulations unless authorized by the Borough of Milton. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as outlined in § 204-11C. The Borough of Milton recognizes there may be recycling operations in existence at the time this article is adopted. All recycling operations in existence at that time may be authorized to continue to operate within the Borough of Milton, provided that the collector obtains a license and agrees to operate within the provisions of the attached regulations.

§ 204-8 Disposal of recyclables.

All persons in the Borough of Milton are prohibited from disposing of designated recyclables with the ordinary municipal waste or the burning of designated recyclables, which may include those items permitted to be burned under Chapter 111, Burning, Open, as amended, in incinerators. All recyclable materials collected must be taken to a recycling facility, and records must be kept by the collector to verify the same. All collectors and/or operators of the recycling program are prohibited from disposing of collected recyclables in landfills or burning said recyclables in incinerators. Notwithstanding any provision of this article, any person having ownership of recyclables may sell or donate the same to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such materials may not be placed for collection at nor collected from curbside.

§ 204-9 Collection of recyclables.

The Borough of Milton shall provide for the collection of all or part of the recyclable program and/or materials from curbside, dropoff or other designated locations in accordance with the attached regulations which shall be adopted by the Borough of Milton from time to time. The Borough of Milton may enter into agreements with any agency to collect the recyclable materials. In any case where a person is not serviced at curbside by the Borough, that person may contract with a private collector, provided that the collector secures the necessary licensing in accordance with the attached program regulations.

§ 204-10 Monthly fee.

The Borough of Milton may assess a monthly fee either per bag or per residential, commercial, institutional and/or municipal unit to offset the cost of the recycling program. The monthly fee may be determined on an annual basis in accordance with collection fees, market rates and other variable costs associated with the program. The monthly fee shall be designated in the attached regulations.

§ 204-11 Violations and penalties.

A. 
Nonparticipation. Upon the discovery of any violation under the terms of this article, the municipality shall, through its authorized agent(s), give notice to the owner or occupant (or either of them as the case may be) of a violation hereunder, either by personal delivery to such owner or occupant, by United States Mail directed to the last known address of such person or persons, as shown in the real estate registry records of the municipality, or by leaving the same on the premises where such violation occurs. If such person shall, within seven days after the delivery, mailing or leaving of such notice, pay to the Treasurer of the municipality the sum of $5 for the violation, the same shall constitute full satisfaction for the violation in said notice. If three or more violations are issued to the same person during a calendar year, the penalty for the third and subsequent violations shall be increased to $25 per violation. The failure of such person to make payment as aforesaid within seven days shall render such person subject to the penalties as provided in Subsection B.
B. 
Fines for nonparticipation or nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, a multifamily housing program or a commercial, municipal or institution program to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Borough or pay the penalty or penalties specified in Subsection A, that person shall, upon conviction of such default, neglect or refusal, pay a fine of not less than $50, together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense. In the case of commercial, municipal or institutional programs, each establishment which fails to submit the required reports of participation as established in § 204-5B shall also be fined in accordance with the above provisions.
C. 
Unauthorized collection. If any person, firm, corporation or other entity unauthorized by the Borough of Milton collects or removes or causes to be collected or removed any such recyclable materials as specified in the Borough of Milton's regulations, in violation of this article, such person, firm, corporation or other entity shall, upon conviction by a District Justice in a summary proceeding, be subject to a fine of not more than $1,000, together with the costs of prosecution. Upon judgment against any such defendant by summary conviction, and on default of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a District Justice and subject to the penalty imposed by this section for each and every day such violation shall continue.
[Amended 10-28-1998 by Ord. No. 1103]
D. 
Pilfering of collection containers. If any person is responsible for pilfering of collection containers issued to a residence slated for curbside collection or any other phase of the Borough of Milton's recycling program or if any person is responsible for pilfering of collection containers placed at designated dropoff sites or issued to businesses, institutions, municipalities and multifamily housing units for the Borough of Milton's recycling program, such person shall, upon conviction by a District Justice in a summary proceeding, be subject to a fine of not more than $1,000, together with the cost of prosecution. Upon judgment against any such defendant by summary conviction, and on default of the payment of the fine or penalty imposed and the costs, such defendant may be sentenced to the county jail for a period not exceeding 30 days. Each day of a violation shall constitute a separate and distinct offense and shall be subject to separate summary proceedings before a District Justice and subject to the penalty imposed by this section for each and every day such violation shall continue. The affected resident shall be responsible for replacing any missing container through purchase from the Borough of Milton.
[Amended 10-28-1998 by Ord. No. 1103]

§ 204-12 Enforcement.

The responsibility for the enforcement of this article shall be the Borough Manager's office of the Borough of Milton or its designated agent(s).

§ 204-13 Applicability of other provisions.

This article shall be subject to all applicable federal, state and local laws and ordinances as well as rules and regulations as set forth by the Department of Environmental Resources of the Commonwealth of Pennsylvania.
[Adopted 1-22-1992 by Ord. No. 1027]

§ 204-14 Title.

This article shall be known as the "Borough of Milton Municipal Solid Waste Disposal Ordinance."

§ 204-15 Legislative authority.

§ 204-16 Purpose and intent.

It is the purpose and intent of the Borough Council, through the enactment of this article, to promote and protect the health, safety and welfare of the residents of the Borough by regulating transportation and disposal of municipal solid waste generated in the Borough.

§ 204-17 Definitions and word usage. [1]

Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this article shall be as follows:
BOROUGH
The Borough of Milton, Northumberland County, Pennsylvania.
BOROUGH COUNCIL
Borough Council, the Borough of Milton, Northumberland County, Pennsylvania.
BOROUGH PERMIT
A written authorization from the Borough for the transportation of municipal solid waste to the Borough's transfer station.
COLLECTOR
A person regularly engaged in the transportation or disposal of municipal solid waste generated in the Borough by another person.
COMPOST
A process of controlled biological decomposition of organic materials, producing stable, aerobic, humus-like products.
COUNTY
Lycoming County, Pennsylvania, and any of its agencies and departments.
DISPOSAL
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 solid waste enters the land, is emitted into the air or is discharged into the waters of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, incinerator, resource recovery facility or premises to be used for the ultimate disposal of solid waste.
GARBAGE
Any table refuse, animal and vegetable matter, offal from meat, fish or fowl, fruits, vegetables and parts thereof, and other articles and materials ordinarily used for food which have become unfit for such use or which are for any reason discarded.
INCINERATION
The undergoing of rapid combustion of a substance in such a manner as to give off heat, gases and usually, but not always, light.
LICENSE
A written authorization from the county for the transportation and disposal of municipal solid waste at the county's municipal solid waste disposal facilities.
MUNICIPAL SOLID WASTE
Any garbage, refuse, rubbish, industrial lunchroom or office waste and 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 included in the definition of residual or hazardous waste in the Pennsylvania Solid Waste Management Act (35 P.S. § 6018.103) from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal institution or agency, state institution or agency or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever the masculine pronoun is used to refer to a person it shall encompass the feminine and neuter genders.
RECYCLABLE MATERIAL
Any substance, including but not limited to glass, paper, plastic, metal and rubber, which may be reprocessed and made useful.
REFUSE
All matter and materials discarded or rejected by their owners thereof as offensive or useless or which, by their presence or accumulation, may injuriously affect the health, comfort, and safety of the residents of the Borough and shall include but not be limited to ashes, garbage, rubbish, litter and other discarded materials, but shall exclude human body waste.
REGULAR
Occurring two or more times per calendar month.
RUBBISH
Any sylvan materials, plastic materials, leather, rags, grass, straw or manure and all solid combustible matter not included in this section under the term "garbage."
SOLID WASTE
Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. The term does not include coal ash or drill cuttings.
STORAGE
The containment of municipal solid 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 municipal solid waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
SYLVAN MATERIALS
Any substance composed of wood, including but not limited to leaves, brush, trees, paper, newspapers, magazines and similar natural items.
TRANSFER STATION
An area for the storage of municipal solid waste until its final transportation and disposal.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: Per Ord. No. 1194, adopted 2-25-2015, the definitions contained in this section have been superseded by those in Ch. 2, Definitions.

§ 204-18 Prohibited acts.

A. 
Disposal of municipal solid waste or other solid waste within the Borough is prohibited except as specifically permitted under § 204-20 of this article.
B. 
Transportation or disposal of municipal solid waste generated in the Borough by any person who is not a collector licensed by the county is prohibited except as specifically permitted under § 204-20 of this article.
C. 
Disposal of municipal solid waste generated in the Borough at any disposal area other than the county municipal solid waste disposal facilities is prohibited except as specifically permitted under § 204-20 of this article.

§ 204-19 Collectors.

A. 
All collectors shall be licensed by the county.
B. 
Collectors shall comply with all of the rules and regulations of the county regarding transportation and disposal of municipal solid waste, and such rules and regulations are hereby adopted as rules and regulations of the Borough.
C. 
Every vehicle used by a collector for the transportation or disposal of municipal solid waste in the Borough shall have a watertight body which is fully enclosed, is maintained in good repair, is cleaned regularly and has the name of the owner prominently displayed on both of its sides.
D. 
A collector may make a private contract with any resident of the Borough for the transportation and disposal of municipal solid waste for such prices as the collector deems appropriate.
E. 
A collector shall pay to the county, on such terms as the county may approve, all fees charged by the county in connection with the disposal of municipal solid waste transported by such collector.
F. 
A collector shall indemnify the county for all expense and loss sustained by the county which arises out of such collector's disposal at the county municipal solid waste disposal facilities of any waste which is not authorized by any of the county's then existing permits to operate those facilities. The county may remove such waste from its facilities and dispose of it at a disposal area of the county's choice at such collector's expense.
G. 
Upon expiration, revocation or termination of his license, a collector shall notify the Borough, in writing, and shall cease transportation and disposal of municipal solid waste generated in the Borough except as specifically permitted under § 204-20 of this article.
H. 
Storage, transportation and disposal of municipal solid waste shall be done in a safe, sanitary and nuisance-free manner and in compliance with all applicable rules, regulations, statutes, and laws of the Commonwealth of Pennsylvania and the ordinances and resolutions of the county and the Borough.

§ 204-20 Acts permitted without a license.

The following acts are permitted without a license:
A. 
Transportation and disposal by any person of municipal solid waste generated on his land in the Borough at a site approved and licensed by the Department of Environmental Resources of the Commonwealth of Pennsylvania, or its successor, as a transfer station or disposal area.
B. 
The use by any person of manure, compost or refuse as fertilizer or mulch in farming or gardening in accordance with commonly accepted agricultural or horticultural practices.
C. 
The burial by any person of his dead household pets on his land.
D. 
The use as fill by any person of bricks, cement, clay, concrete, gravel, loam, plaster, sand, shale, slate, stones and sylvan materials in a safe, sanitary and nuisance-free manner and in compliance with all applicable rules, regulations, statutes and laws of the Commonwealth of Pennsylvania and the ordinances and resolutions of the Borough.
E. 
The incineration by any person of paper and other sylvan materials on his land in a safe, sanitary and nuisance-free manner and in compliance with all applicable rules, regulations, statutes and laws of the Commonwealth of Pennsylvania and the ordinances and resolutions of the Borough.
F. 
Storage or transportation of recyclable materials by any charitable, civic, religious or school organization in a safe, sanitary and nuisance-free manner and in compliance with all applicable rules, regulations, statutes and laws of the Commonwealth of Pennsylvania and the ordinances and resolutions of the Borough.

§ 204-21 Licensing of collectors.

A. 
Every collector shall apply to the Borough for a license.
B. 
A license may be issued only to a person who furnishes satisfactory evidence that he is capable of providing the necessary services and of complying with the provisions and intent of this article and the rules and regulations established by the county and the Borough.
C. 
Every license shall be issued on a fiscal year basis, but may be revoked at any time by the Borough in accordance with the rules and regulations adopted by the Borough or the Department of Environmental Resources.
D. 
License fees shall be paid to the Borough according to its rules and regulations.
E. 
The license issued by the Borough shall be exhibited to any official of the Borough on demand.

§ 204-22 Materials disposed at county facilities.

A. 
Upon disposal at the county municipal solid waste disposal facilities, municipal solid waste generated in the Borough shall become the sole property of the county, and the Borough hereby relinquishes any and all of its rights, title and interests in and to such waste; provided, however, that if any such waste is not authorized for disposal at the county municipal solid waste disposal facilities under any of the county's then existing permits to operate those facilities, title to such unauthorized waste shall be deemed to remain in the collector who transported it.
B. 
Upon disposal at the county municipal solid waste disposal facilities, recyclable materials in municipal solid waste generated in the Borough shall become the sole property of the county and the Borough hereby relinquishes any and all of its rights, title and interests in and to such material. However, at anytime during the term of the municipal agreement between the Borough and the county, the Borough, by properly enacted resolution, may adopt rules and regulations to recover any or all recyclable materials from its municipal solid waste and utilize such materials as it deems appropriate.
C. 
In the event that the county's right to operate the county municipal solid waste disposal facilities is terminated for any reason, the county shall not be liable to any collector for damages nor be under any obligation to provide an alternate municipal solid waste disposal facility.

§ 204-23 Violations and penalties.

A. 
Any person doing any act prohibited by this article or failing to do any act required by this article shall be guilty of a summary offense and, upon conviction thereof before a District Justice of Northumberland County, shall be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, or to undergo imprisonment in the Northumberland County Jail for a period of not more than 30 days, or both. Every violator of a provision of this article shall be deemed guilty of a separate offense for each and every day such violation continues and shall be subject to the penalties authorized by this section for each and every such separate offense.
B. 
In addition to the foregoing penalties, the Borough may notify the owner or occupier of any real property to remove any accumulation of municipal solid waste or other solid waste, and should said person fail to remove the same within 10 days after written notice, the Borough may cause the same to be removed and may collect the costs thereof together with a penalty of 10% of such costs in the manner provided by law for the collection of municipal claims or by action in assumpsit or may seek relief by bill of equity.