[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi as indicated in article histories. Amendments noted where
applicable.]
[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]
This article shall be known and referred to as the "Municipal
Solid Waste Ordinance."
A.
ACT 101
ACT 97
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
PERSON
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meanings ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 101).[1]
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[2]
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.
Any person, firm, partnership, corporation or public agency
who is engaged in the collection and/or transportation of municipal
waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily for
storage or transportation.
The County of Washington or the Washington County Board of
County Commissioners.
The Pennsylvania Department of Environmental Protection (DEP).
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
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.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools, and universities.[3]
The Borough of Charleroi, Washington County, Pennsylvania.
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.
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.
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.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
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]
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.
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.
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]
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]
B.
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]
(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]]
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]
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.
[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]
The short title of this article shall be the "Borough of Charleroi
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article
shall have the following meanings:
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
Not exposed to foreign substances or conditions rendering
them unusable for recycling.
The entity authorized by the municipality to collect recyclable
materials from residences, commercial, municipal and institutional
establishments.
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than four dwelling units.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage 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.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Leaves from trees, bushes and other plants, garden residues,
clipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of Charleroi.
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.
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.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
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.
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.
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.
Any occupied single-family or multifamily dwellings having
up to four dwelling units per structure for which the municipality
provides municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
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]
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.
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.
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.
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.
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.
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.
D.
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
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.
The Borough may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 289-15.
