Borough of New Wilmington, PA Solid Waste

As used in this article, the following words and phrases shall have the meaning ascribed herein, unless the context clearly indicates a different, more limited or expanded meaning:

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (Act 1988-101, July 28, 1988).[2]

ALUMINUM CANS

Empty all-aluminum beverage and food containers of a nonaerosol type.

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 their size, shape or weight.

CANS

Containers comprised of aluminum, tin, steel, or a combination thereof which formerly contained only nonaerosol, edible substances or such other substances as have been approved for recycling.

COMMERCIAL ESTABLISHMENTS

Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units.

COMMINGLED

Source-separated, nonputrescible, recyclable materials that have been mixed at the source of generation (i.e., placed in the same container).

COMMUNITY ACTIVITY

An activity or event sponsored or organized by a public or private nonprofit organization for recreational, educational, cultural or civic purposes which may be attended by 200 or more members of the public per day, whether or not an entrance or participation fee is charged therefor.

CONTAINER

A portable device in which waste is held for storage or transportation.

CORRUGATED PAPER

That structural paper material consisting of two or more pieces of craft liner separated by a corrugated inner core shaped in rigid parallel furrows and ridges and normally used for packing, mailing, shipping or containerizing material, but excluding materials without a corrugated liner made from rice or nonwood base materials, and also excluding such materials made from plastic, foam or wax coated or soiled cardboard.

COUNTY

The County of Lawrence or the Lawrence County Board of Commissioners.

CURBSIDE COLLECTION

The collection by the Borough or its authorized agents or a licensed hauler or licensed collector of materials placed at the curbside or other designated location.

DEPARTMENT OR DEP

The Pennsylvania Department of Environmental Protection.

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.

GLASS CONTAINERS

Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, blue glass and porcelain and ceramic products.

HAULER OR PRIVATE COLLECTOR

Any person, firm, partnership, association or corporation engaged in the collection or transportation of municipal waste.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in Act 97, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

HIGH-GRADE OFFICE PAPER

Any white paper, bond paper and computer paper other than newsprint, magazines or other chemically coated paper or corrugated paper of the type commonly used for letter writing, stationery, notepaper, plain paper, photocopy machines, computer printers and other general purpose paper, whether or not any printed or written matter is contained thereon. Expressly excluded are papers with self-carbon, carbon paper, envelopes and all other grades of papers not meeting specifications in the regulation.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in service to people, including but not limited to hospitals, nursing homes, orphanages, churches, social or fraternal societies, schools and universities and other organizations.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.

LICENSED HAULER OR LICENSED COLLECTOR

Any municipal waste hauler or collector possessing a valid and current county license issued by the Lawrence County authorities.

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 PROPERTY

A type of residential property either under single ownership or organized as a condominium or cooperative form of housing which contains over four dwelling units.

MUNICIPALITY

The Borough of New Wilmington, Lawrence 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.

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 and newspapers which have been soiled.

OCCUPIED DWELLING

A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.

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 provision of this article which prescribes a fine, imprisonment or 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. Regulations may limit the specific types of plastic and/or plastic containers that may be recycled.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.

RECYCLABLE MATERIALS

Those materials specified by the Borough to be recycled. The list of materials shall be specified in the regulations as revised from time to time.

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 mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.

RECYCLING FACILITY

A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste, nor composting facilities or resource recovery facilities.

REFUSE

All solid waste materials which are discarded as useless.

REGULATIONS

Regulations adopted by Borough Council pursuant to this article.

RESIDENCE

Any occupied single-family or multifamily dwelling from which a municipal or private waste hauler collects solid waste.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[3] The term shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[4]

RESOURCE RECOVERY FACILITY

Processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product.

RUBBISH

All nonputrescible municipal waste except garbage and other decomposes 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. Unless the context indicates a different meaning, the term does not include source-separated recyclable materials.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Recyclable materials that are separated from municipal waste at the point of origin for the purpose of recycling.

STEEL CANS

Empty food or beverage containers made of steel or tin-coated steel.

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 constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSFER STATION

Any supplemental transportation facility used as an adjunct to waste collection route vehicles.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

YARD WASTE

Grass clippings and, when mixed with grass clippings, pruning, weeds, leaves and garden waste.

[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: See 52 P.S. § 1396.1 et seq.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 194-3 Prohibited activities.

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough any garbage, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this article and any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.

It shall be unlawful for any person to burn any solid waste, including leaf waste, within the Borough except in accordance with the provisions of this article and any Department Rules and regulations adopted pursuant to Act 97 and Act 101.

It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this article and any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.

It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Borough without a current valid license issued by the Lawrence County authorities.

It shall be unlawful for any person to scavenge any materials from any municipal waste or source-separated recyclable materials that are stored or deposited for collection within the Borough without the prior written approval by the Borough.

It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.

It shall be unlawful for any person to throw, place or deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this article and the regulations adopted pursuant to this article.

It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection or to discard or dispose any lead acid battery except by delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency or a collection or recycling facility approved by the Department.

§ 194-4 Standards for storage of solid waste.

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.

Any person producing municipal waste shall place and store all waste materials generated during periods between regularly scheduled collections in containers provided and owned by the Borough.

[Amended 12-2-2013 by Ord. No. 512]

Any person storing municipal waste for collection shall comply with the following preparation standards:

(1)

All municipal waste shall be drained free of liquids before being placed in storage containers.

(2)

All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

(3)

All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.

(4)

Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Unless the regulations provide otherwise, bundles shall be not more than four feet in length, nor more than two feet in diameter and not more than 40 pounds in weight.

(5)

Unless the regulations provide otherwise, newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.

(6)

When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials.

All municipal waste shall be stored in containers owned and provided by the Borough or its designated representative.

[Amended 12-2-2013 by Ord. No. 512]

Any person storing municipal waste for collection shall comply with the following storage standards:

(1)

Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.

(2)

Containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.

[Amended 12-2-2013 by Ord. No. 512]

(3)

Containers shall be used and maintained so as to prevent public nuisances.

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection E(4), regarding nonconforming containers, was repealed 12-2-2013 by Ord. No. 512.

(5)

Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.

(6)

With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.

(7)

Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.

The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the standards set forth in this article and the regulations adopted pursuant thereto. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the Borough.

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 Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.

§ 194-5 Standards and regulations for collection.

The Borough shall provide for the collection of all garbage, rubbish and bulky waste from individual residences and multifamily residential sources with fewer than four units, or it may contract with a private collector or collectors to provide this essential residential collection service.

All households and homeowners shall utilize the residential collection service provided by the Borough.

All multifamily residential sources with more than four units, commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Borough's contract collector or any other licensed hauler of their choice.

All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Borough's collector and payment of any required special fees.

Unless regulations provide otherwise, all commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.

Residential collection schedules shall be published regularly by the Borough or its contracted hauler.

All municipal solid waste collection activity shall be conducted from Monday through Friday, unless prior approval for other items has been granted by the Borough.

Placement of containers at curbside may be no earlier than 7:00 p.m. on the day prior to the designated collection day and must be removed no later than sunset of the collection day.

[Added 1-3-2000 by Ord. No. 442]

All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:

(1)

All municipal waste collected within the Borough shall be conveyed by the collector or hauler to a transfer station, processing facility and/or disposal site designated by the Lawrence County Solid Waste authorities pursuant to the approved Municipal Waste Management Plan for Lawrence County.

(2)

Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and any Department regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, Regulations for the Collection and Transportation of Municipal Waste.

(3)

All collection vehicles conveying domestic or household waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.

(4)

All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

(5)

All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

All haulers and collectors of solid waste and/or recyclable materials, including persons transporting their own solid waste and/or recyclables, shall report to the Borough the types, amounts and destination of all such solid waste and/or recyclable materials, such report to be in such form and with such frequency as set forth in the regulations.

Nonresidents, whether it is a person and/or corporation, are prohibited from depositing any junk goods, recyclable materials, organic wastes or other waste at any site in New Wilmington Borough, including but not limited to the pickup area of another resident, business or public park, containers belonging to a place of business or residence of another or in containers of a public park, except food and beverage waste personally generated.

[Added 1-3-2000 by Ord. No. 442]

§ 194-6 Collection and disposal charges.

The Borough Council shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system or for the contracting of such service to a private collector.

The Borough may provide free (or partially free) collection services for household dwellings and may set rates or charges to each household dwelling for the collection and disposal of solid waste.

If the Borough provides to commercial, institutional and industrial establishments services for the collection and disposal of their solid wastes, the rate for such service shall be set from time to time by the Borough Council.

Charges by the Borough for collection and disposal of solid waste shall be competitive with the rates charged by haulers or private collectors. And the Borough's fees shall be published in a fee schedule made available to the classes of persons subject to the services provided by the municipality.

Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial institution and industrial customers and from any residential customers contracted with directly. In instances where the Borough contracts for the collection and disposal of solid waste from residential customers, the Borough shall be responsible for paying for such service, and if the residential customer is to be charged a fee for such service, the Borough shall be responsible for the collection thereof.

The Borough shall provide solid waste and recyclable containers. All containers are and shall remain the property of the Borough of New Wilmington. The owner or customer shall notify the Borough if any container is lost or stolen, does not conform to the standards of this article, or has sharp edges, ragged edges, or any other defect that may hamper or injure collection personnel so that the container may be replaced by the Borough or its designated representative. A property owner shall be responsible to pay the replacement cost of any lost or damaged containers.

[Added 12-2-2013 by Ord. No. 512]

§ 194-7 Licensing requirements.

No person shall collect, remove, haul or transport any solid waste upon or through any street or alley of the Borough without a current, valid county license issued by the Lawrence County authorities.

All licensed haulers shall be responsible for maintaining a current list of customers serviced and record of the amounts and types of waste collected within the Borough. Such records and customer lists shall be available for inspection and be provided to the Borough or its designated representatives upon request.

§ 194-8 Recycling program.

There is hereby established by the Borough of New Wilmington a program that mandates that recyclable materials shall be kept separate from solid waste by all persons within the Borough.

Recyclable materials and leaf waste shall be kept separate from solid waste and placed by residents at the curb (or in other area designated by the Borough) for collection at such times and dates as may be established by the Borough through regulation. Commercial, municipal and institutional establishments and community activities and multifamily housing properties shall establish programs for the separation, storage and collection of recyclables and leaf waste in a manner in accordance with regulations established by the Borough.

The Borough office shall publicly advertise and directly inform residents of their recycling responsibilities at least 30 days prior to the implementation of recycling. Owners and managers of commercial, municipal and institutional establishments and multifamily housing properties and promoters of community activities shall adopt an education program for their employees, guests, residents and members of the general public on their premises to acquaint such persons with the recycling obligations imposed by this section and by regulations adopted pursuant thereto.

It shall be a violation of this article for any person unauthorized by the Borough to collect or pick up or caused to be collected or picked up any recyclable material. Each violation thereof shall constitute a separate and distinct offense under this article.

Only persons that have a current valid county license issued by the Lawrence County authorities may collect, remove, haul or transport any recyclable materials.

Notwithstanding any other provision of this section, any person may donate or sell his own recyclable materials to individuals or organizations, provided that the owner delivers the recyclable materials to the buyer or the buyer collects the recyclable materials from the owner; provided, however, that such delivery by the owner or collection by the buyer is not done on the date of or immediately preceding a regularly scheduled curbside collection day for solid waste collection.

§ 194-9 Violations and penalties; enforcement.

In the event that any person is found to be in violation of this article or the regulations issued pursuant thereto, the Borough may issue a written notice of violation to the alleged violator. This notice shall be in writing and shall be sent by regular United States mail or by certified United States mail with return receipt requested or may be served personally or may be served by posting the premises. The notice shall state the nature of the violation(s) and the necessary corrective actions required in detail. The persons notified shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal.

[Amended 8-6-2001 by Ord. No. 457]

Any person who, after notice and the elapse of the time period stated therein for correction, continues to violate or again violates any provision of this article or of the regulations shall, upon conviction thereof before the District Justice, be punishable by a fine not exceeding $600, plus costs of prosecution for each offense. Each day a violation occurs or continues shall be separate and distinct offense.

[Amended 1-3-2000 by Ord. No. 442; 8-6-2001 by Ord. No. 457]

The Borough may petition the Court of Common Pleas of Lawrence County for an injunction, either mandatory or prohibited, to enforce any provision of this article and/or the regulations.

§ 194-10 Administrative appeals.

Upon receipt of a notice of violation (see § 194-9 above) prior to the expiration of the time shown in the notice, an appeal may be made in writing to Borough Council.

Pending a decision by Borough Council, the time period set forth in the notice shall be continued.

Except for a reversal or modification by a court of competent jurisdiction, all decisions of Borough Council concerning such appeal shall be immediately effective and enforceable from the day notice of such decision is given to the parties.