This Part shall be known and may be cited as the "Media Borough Refuse Storage, Collection and Disposal Ordinance of 1996, as amended."
[1]
Editor's Note: Ordinance No. 908 superseded former Ch. 241, Solid Waste, as adopted by Ord. Nos. 568, Arts. XII and XIII, 799 and 824, as amended.
Pursuant to the authorization granted by P.L. No. 581 of the General Assembly, approved February 1, 1966, 53 P.S. § 46202 (the Borough Code) as amended, the purpose of this Part is to promote, protect and facilitate the public health, safety, morals and general welfare by:
A. 
Instituting a recycling program in accordance with recommendations of the State Assembly, whereby the Borough shall be the sole agent regulating collection of solid waste.
B. 
Regulating the collection, accumulation and storage of solid wastes so as to:
(1) 
Retard the propagation and the harboring of rats, mice, mosquitoes, flies and other vermin.
(2) 
Eliminate filth and filthy deposits.
(3) 
Reduce the opportunity for growth of pollen-bearing grasses and weeds.
(4) 
Eliminate attractive nuisances which may endanger the safety of children.
(5) 
Reduce the potential pollution of land, air or water and the disease-producing potential of decaying organic matter.
(6) 
Reduce the potential of spontaneous combustion and fire.
(7) 
Generally promote harmonious, peaceful and comfortable neighborhood life by the elimination of nuisances.
(8) 
Provide for the preservation of valuable natural resources through the elimination of recyclable materials from collection and landfills.
C. 
Providing for the safe, orderly and economic collection and removal of accumulated waste.
D. 
Providing for the disposal of solid waste in safe and sanitary methods and in compliance with applicable state and local rules and regulations.
E. 
Complying with the purpose and intent of Act No. 101, the Pennsylvania Solid Waste Management Act.
The following words, when used in this Part, shall have the meanings ascribed to them in this Part, except in those instances where the context indicates otherwise:
ASHES
The residue resulting from the burning of wood, coal, coke or other combustible material. This definition excludes ashes resulting from industrial process.
BI-METAL CONTAINER
Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
BOROUGH
The Borough of Media.
BUILDING or ACCESSORY STRUCTURE
A building or other structure constructed, existing and used in conformity with the zoning, building and fire prevention ordinances, codes and regulations of the Borough of Media.
COLLECTOR
Any person collecting or transporting municipal solid waste for owners or occupants of property in the municipality, 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.
COMMERCIAL
A property used for the purpose of or relating to the legal buying, selling or trading of a product or products for the purpose of a means of livelihood or income as defined by the Federal Internal Revenue Code. This definition includes any/all residential building(s) with five or more dwelling units.
[Added 12-5-2005 by Ord. No. 1007]
COMMERCIAL WASTE
Any waste and/or garbage generated from a commercial property. This definition includes all residential buildings with five or more dwelling units.
[Added 12-5-2005 by Ord. No. 1007]
CONSTRUCTION AND DEMOLITION WASTE
Lumber, roofing material, sheathing, rubble, broken concrete, plaster and brick, conduit, pipe, wire, insulation and similar material which results from a construction, demolition or remodeling process.
COUNTY
The County of Delaware and its regulatory agencies.
DWELLING UNIT
Any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
GARBAGE
All animal and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods.
GLASS CONTAINERS
Clean bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass and porcelain and ceramic products.
HEAVY TRASH
Large household appliances, such as stoves, refrigerators, television sets, washing machines, or the equivalent in size in: furniture and furnishings, plumbing fixtures, large crates, tools, machinery or parts thereof and similar items.
HOUSEHOLD RUBBISH
Paper, wood, excelsior, plastics, rags and cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery and similar items normally produced by or originating from private residential occupancy: provided, however, that the items set forth herein need not be produced by or originate from a residence to be classed as "household rubbish" so long as such waste is similar to the waste produced by or originating in a residence as to size, weight and material. Household rubbish specifically excludes materials designated as recyclable.
INDUSTRIAL
A property for the use of or relating to an activity connected with but not limited to the production, manufacture, packaging, containing, compounding, canning, assembly, treatment, processing, distribution, storage or construction of a product or products.
[Added 12-5-2005 by Ord. No. 1007]
INDUSTRIAL AND COMMERCIAL WASTE
Any material or substance which is a waste by-product of the industrial or commercial process and shall include packaging materials and equipment used in the delivery or shipment of goods to or from the industrial or commercial site.
LARGE-COMMERCIAL PROPERTIES
Those commercial properties which produce acceptable waste exceeding three thirty-two-gallon containers or their equivalent by weight or volume, if such collection constitutes an unreasonable burden upon Borough's garbage collector.
LARGE-COMMERCIAL WASTE
Acceptable waste, generated from commercial properties, exceeding three thirty-two-gallon containers or their equivalent by weight or volume, if such collection constitutes an unreasonable burden upon Borough's garbage collector.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
MUNICIPAL COLLECTION SERVICE
A collection service established and operated by the Borough of Media or a private collection service under contract with the Borough.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste, and other material including solid or semisolid material or contained gaseous material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, but not including any liquid waste or sludge, and other solid waste which is within the definition of "Municipal Solid Waste" as set forth in the Act, and which the Authority by its regulations is willing to accept at the Plant, but excluding all wastes which are defined by federal or state law or regulations as hazardous waste or residual waste; and any waste which the generator thereof may dispose of for cash or other actual value.
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, however, are newspapers which have been soiled.
NONCOLLECTIBLE WASTE
Includes poisons, acids, caustics, explosives and other hazardous material that may cause damage or injury to collection equipment or personnel; human or animal excrete; and dead animals.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity whatsoever which is recognized by law as being subject to such rights and duties.
RECYCLABLE MATERIALS/RECYCLABLES
Those materials specified by the Borough for collection in accordance with recycling regulations. Such material may include, but not be limited to, aluminum products, clean glass containers, bi-metal containers, newspapers, magazine and periodicals, plastic containers and yard wastes. What constitutes recyclable material may change depending upon what the Borough is able to dispose of through municipal recycling efforts.
RECYCLING
The separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste.
REFUSE
All solid wastes, except body wastes, and shall include, but not be limited to, ashes, rubbish, garbage, industrial and commercial wastes and junk, except that refuse shall specifically exclude hazardous waste.
RESIDENTIAL
A property for the use of or relating to or consisting of private housing/living accommodations for but not limited to single-family dwelling units, individually owned townhouses and condominiums or a building or group of buildings under common ownership and comprising multifamily dwelling units not exceeding four units per building or group of buildings. This definition does not include any/all residential building(s) with five or more dwelling units.
[Added 12-5-2005 by Ord. No. 1007]
RESIDENTIAL WASTE
Acceptable waste generated in the Borough of Media from single-family dwelling units, individually owned townhouses and condominiums, or a building or group of buildings under common ownership and comprising multifamily dwelling units not exceeding four units per building or group of buildings; provided that all residents of such single-family dwelling units, townhouses, condominiums, building or group of buildings utilize individual refuse containers not requiring the use of container handling devices on collection vehicles. Acceptable waste generated from a building or group of buildings under common ownership and comprising more than four multiple-family dwelling units shall constitute "Large - Commercial Waste." Residential waste shall also include such items of public municipal waste as street sweepings and the like.
RESTAURANT
A property used for the sale, dispensing and/or serving of food, refreshments or beverages where the customer has the food, refreshments or beverages delivered directly though a service window outside the restaurant building and/or where the customer is normally involved with an individual menu and served by a restaurant employee at the table, booth or counter.
[Added 12-5-2005 by Ord. No. 1007]
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable nonputrescible solid waste).
SMALL-COMMERCIAL WASTE
Acceptable waste, generated from commercial establishments, not exceeding three thirty-two-gallon containers or their equivalent by weight or volume.
STATE
The Commonwealth of Pennsylvania and its regulatory agencies.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WASTE
All rubbish, garbage, household, municipal, industrial, commercial and/or demolition waste as herein defined.
[Amended 12-5-2005 by Ord. No. 1007]