Borough of Charleroi, PA
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Charleroi as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk, junk dealers and salvage yards — See Ch. 204.
Property maintenance — See Ch. 257.
[Adopted 7-10-1990 by Ord. No. 867; readopted 10-8-1991 by Ord. No. 873 as Ch. 61, Art. I, of the 1991 Code]

§ 289-1 Title.

This article shall be known and referred to as the "Municipal Solid Waste Ordinance."

§ 289-2 Definitions; word usage.

A. 
The following words and phrases, as used in this article, shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).[1]
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[2]
BULKY WASTE
Large items of solid waste, including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to size, shape or weight.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Washington or the Washington County Board of County Commissioners.
DEPARTMENT or DEP
The Pennsylvania Department of Environmental Protection (DEP).
DISPOSAL
The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools, and universities.[3]
MUNICIPALITY
The Borough of Charleroi, Washington County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous 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" under Act 97 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
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity 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 or any other legal entity having officers and directors.
RUBBISH
All nonputrescible municipal waste, except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
STORAGE
The containment of any 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 any waste in excess of one year shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSPORTATION
The off-site removal of any solid waste at any time after generation.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: The original definition of "licensed collector or licensed waste hauler," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 289-3 Prohibited activities.

A. 
It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the municipality any garbage, rubbish, bulky waste, or any other municipal or residual waste, except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
B. 
It shall be unlawful for any person to burn any solid waste within the municipality, except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
C. 
It shall be unlawful for any person to process and/or dispose of any solid waste in the municipality, except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.[1]
[1]
Editor's Note: Original § 61.3.4 of the 1991 Code, pertaining to licensing of waste haulers, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior written approval from the municipality.
E. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality, except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.

§ 289-4 Storage requirements.

A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein. The total combined volume of the containers for residential/dwelling units shall not exceed 90 gallons, unless application is made to Borough Council to exceed said limit. This restriction shall not apply to the Ninth Street Highrise.
C. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A,[1] regulations for the storage of municipal waste.
[1]
Editor's Note: See 25 Pa. Code § 285.101 et seq.
D. 
Waste material shall not be placed out for collection until 5:00 p.m. of the day preceding collection. (Example: If collection is on Tuesday morning, cannot place out waste materials prior to 5:00 p.m. Monday.) This subsection does not apply to commercial garbage containers.
[Added 5-14-1998 by Ord. No. 917]

§ 289-5 Collection requirements.

A. 
Removal of municipal waste and solid waste from all households, homeowners, commercial, industrial and institutional establishments within the municipality shall be performed exclusively in the Borough of Charleroi under the terms of the contract which shall be executed between the Borough of Charleroi and the lowest responsible bidder who shall become a collector pursuant to this article. The terms and conditions of the aforementioned agreement are incorporated herein by reference as though fully set forth at length, and a copy of said agreement shall be on file at the office of the Borough Secretary, Municipal Building, Charleroi, Pennsylvania. All such households, homeowners, commercial, industrial, and institutional establishments within the municipality shall utilize the services of the collector for the disposal of their municipal waste, rubbish, solid waste, garbage, domestic waste or household waste, and/or other refuse material, unless they can demonstrate that the waste is properly disposed of in a manner consistent with this article and all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
The collector/waste hauler shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B,[2] regulations for collection and transportation of municipal waste.[3]
[2]
Editor's Note: See 25 Pa. Code § 285.201 et seq.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
All municipal waste collected within the municipality shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site permitted by the Department of Environmental Protection, Bureau of Waste Management, or other regulatory agency.
D. 
Rates for removal.
[Amended 7-10-1997 by Ord. No. 911]
(1) 
The rates for removal of solid waste subject to the terms of this section and this article shall be set forth in the contract agreement between the Borough of Charleroi and the hauler. The Borough shall bid for residential and nonresidential solid waste removal services. The Borough of Charleroi shall bill and collect for the costs of removal and disposal of solid waste for services rendered to residential customers. For nonresidential customers, the successful contractor shall bill directly to the customers in accordance with the bid rates and collect directly from the customers. The Borough shall have no liabilities or responsibility for the payment and collection of nonresidential rates. Payment and collection are the sole responsibility of the contractor.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
The rates for removal of solid waste subject to the terms of this article shall be $125 for residential refuse collection. For residential refuse collection customers situated within the Borough who are age 65 or more, a five-percent discount shall attach, and the annual rate shall be $118.75.
[Added 7-13-2006 by Ord. No. 975]
E. 
The successful contractors are authorized to make extra charges for services not covered by the specifications or contract between the Borough and the contractors; however, all charges must be fair, reasonable and uniformly applied and are subject to binding arbitration before Borough Council or its designated representative. The finding of Borough Council or its representative is final and binding.
[Amended 7-10-1997 by Ord. No. 911[5]]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
F. 
Collection of rates and charges for all homeowners, households, persons, managers or operators of residential properties shall be performed by the Borough, which, in addition to the other penalties provided for herein, shall have the right to order stoppage of services for nonpayment of collection charges, which shall be in addition to the right of the Borough to proceed for the collection of such unpaid charges in the manner provided by law, either by action in assumpsit or equity, or by the filing of a municipal claim or lien.
G. 
Payments by households, homeowners, persons, managers or operators of residential properties shall be made annually, on or before October 31 of each year that this article remains in effect, and shall be delinquent thereafter, and the following penalties shall be imposed thereon as follows:
(1) 
A penalty of $10 if the payment is made after November 1 and before November 9.
[Amended 7-14-1992 by Ord. No. 877]
(2) 
A penalty of $25 if the payment is made after November 10 and before November 20.
[Amended 7-14-1992 by Ord. No. 877]
(3) 
A penalty of $50 if the payment is made after November 20.[6]
[Amended 7-14-1992 by Ord. No. 877]
[6]
Editor's Note: Original §§ 61.5.7.4, Stoppage of services after November 20, and 61.6, Licensing requirements, of the 1991 Code, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 289-6 Injunction powers.

The municipality may petition the Court of Common Pleas of Washington County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article. The Code Enforcement Officer, or his agent, is charged with the enforcement of this article.

§ 289-7 Violations and penalties. [1]

Penalties shall be as set forth in Chapter 1, Article II, Enforcement; General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Adopted 2-12-1991 by Ord. No. 870; readopted 10-8-1991 by Ord. No. 873 as Ch. 61, Art. II, of the 1991 Code]

§ 289-8 Title.

The short title of this article shall be the "Borough of Charleroi Recycling Ordinance," and the same may be cited in that manner.

§ 289-9 Definitions.

The following words and phrases used throughout this article shall have the following meanings:
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL
Empty food or beverage containers consisting of steel and aluminum.
CLEAN RECYCLABLES
Not exposed to foreign substances or conditions rendering them unusable for recycling.
COLLECTOR
The entity authorized by the municipality to collect recyclable materials from residences, commercial, municipal and institutional establishments.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing more than four dwelling units.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, 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, including, but not limited to, hospitals, nursing homes, orphanages, day-care centers, schools and universities.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, clipped 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.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPALITY
The Borough of Charleroi.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous 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 Act[1] 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.
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 newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white, often included with newspapers.
PERSON(S)
Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the municipality may stipulate specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the municipality and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics, and any other items selected by the municipality or specified in future revisions to Act 101.[2] The recyclable materials selected by the municipality may be revised from time to time as deemed necessary by the municipality.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed 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.
RESIDENCES
Any occupied single-family or multifamily dwellings having up to four dwelling units per structure for which the municipality provides municipal waste collection service.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
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 Pennsylvania Department of Environmental Protection for beneficial use.[3]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[3]
Editor's Note: Original § 61.13, Establishment of program/grant of power, of the 1991 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 289-10 Separation and collection.

A. 
All persons who are residents of the Borough of Charleroi shall separate all of those recyclable materials designated by the Borough from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place same for collection in accordance with the guidelines established hereunder.
(1) 
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the municipality for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the municipality and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Borough shall be responsible for returning the allocated container(s) to the municipality or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
(2) 
An owner, landlord, or agent of an owner or landlord of a multifamily rental housing property with more than four units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for noncompliance of occupants of their buildings.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection, unless those persons have otherwise provided for composting of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Borough generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this section if that person submits documentation to the Borough annually indicating that the designated recyclable materials are being recycled in an appropriate manner.

§ 289-11 Ownership of recyclable materials.

All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 289-14 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.

§ 289-12 Collection by unauthorized persons.

It shall be a violation of this article for any person, firm or corporation, other than the municipality or one authorized by the Borough Council or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Borough or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 289-13 Donation or sale of recyclable materials.

Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Borough Council or other entity responsible for authorizing collection of recyclable materials to make such a collection.

§ 289-14 Disposal of recyclable materials.

Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited, unless markets do not exist and the collectors or operators have notified the Borough Council in writing.

§ 289-15 Administration and enforcement; violations and penalties.

A. 
The Borough Council is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including, but not limited to:
(1) 
Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures for amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection of leaf waste.
B. 
Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
C. 
Penalties shall be as set forth in Chapter 1, Article II, Enforcement; General Penalty, of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
The Borough reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.

§ 289-16 Franchise or license.

The Borough may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.

§ 289-17 Modifications.

The Borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 289-15.