[HISTORY: Adopted by the Council of the Borough
of Mars as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-13-1992 by Ord. No. 369]
The following words and phrases, as used in
this article, shall have the meanings ascribed to them herein, unless
the context clearly indicates a different meaning:
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act No. 101 of 1988, July 28, 1988).[1]
- AUTHORIZED COLLECTOR
- A person, firm, partnership, corporation or public agency authorized by the municipality or county to collect municipal waste from residential, commercial, municipal, and institutional establishments.
- BULKY WASTE
- Large waste items, including, but not limited to, appliances and furniture.
- COLLECTOR
- Any collector operating within the municipality which has not been disapproved by the municipality.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing four or more dwelling units.
- DETACHABLE CONTAINER
- Any metal bin or container which may be mechanically lifted and emptied into a collection vehicle.
- HAULER
- See "authorized collector" and "collector."
- INDUSTRIAL ESTABLISHMENT
- Facilities engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, and mining.
- INSTITUTIONAL ESTABLISHMENT
- Facilities that house or serve groups of people, including, but not limited to, hospitals, nursing homes, orphanages, day-care centers, schools and colleges.
- MULTIFAMILY HOUSING
- Properties having four or more dwelling units per structure.
- MUNICIPALITY
- The Borough of Mars.
- MUNICIPAL WASTE
- Garbage, refuse, industrial lunchroom or office waste and other material resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, and any sludge not meeting the definition of "residual or hazardous waste."
- PERSON
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- RECYCLING
- 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.
- SCAVENGING
- Unauthorized or uncontrolled removal of solid waste materials placed for collection, or removal from a solid waste processing or disposal facility.
- SOLID WASTE
- Garbage, refuse, and other discarded solid materials, including, but not limited to, solid waste materials resulting from industrial, commercial and agricultural operations and from community activities. Liquids, semisolids, and contained gaseous materials are hereby defined as solid waste.
- STORAGE
- The containment of any waste on a temporary basis in such a manner as to not constitute disposal of such waste.
- YARD WASTE
- Prunings, grass clippings, weeds, leaves, and general yard and garden wastes.
[1]:
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
Any person generating municipal waste shall provide
sufficient approved containers for storing all waste materials. Containers
shall be kept in a sanitary condition at all times.
B.
Any person storing municipal waste for collection
shall comply with the following preparation standards:
(1)
Waste shall be drained of all liquids;
(2)
Food containers shall be rinsed free of food particles
and drained before placed in storage containers; and
(3)
The municipality reserves the right to modify the
preparation and storage procedures to facilitate the collection and
recovery of certain waste materials.
C.
All municipal waste shall be stored in containers
approved by the municipality and shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable,
watertight, rust- and corrosion-resistant material. Any cracked or
rusted container shall be condemned by the municipality, tagged as
a public nuisance, and removed from the property before the next collection
day.
(2)
Reusable containers for residences shall have tight-fitting
covers, have suitable lifting handles, and shall have a capacity of
not less than 10 gallons nor more than 40 gallons. If mechanical bins
or detachable containers are in use, the municipality may waive these
standards.
(3)
Disposable plastic bags or sacks are acceptable containers,
provided the bags are designed for waste disposal. Such bags shall
be securely tied at the top for collection and shall have a capacity
of not more than 30 gallons.
(4)
All containers, whether reusable or disposable, shall
be kept tightly covered at all times and shall be used and maintained
so as to prevent public nuisances.
D.
Any person storing municipal waste for collection
shall comply with the following storage standards:
(1)
Reusable containers shall be kept in a sanitary condition
at all times. The interior of the containers shall be kept clean by
thoroughly rinsing, draining and disinfecting as often as necessary;
(2)
Containers shall be covered or sealed at all times,
and waste shall not protrude or extend above the top of the container;
(3)
With the exception of pickup days when containers
are placed out for collection, all containers shall be properly stored
on the owner's property; and
(4)
Bulky waste items shall be stored in a manner that
will prevent the accumulation or collection of water, the harborage
or breeding of vectors, insects or rodents, or the creation of safety
and fire hazards.
E.
The storage of municipal waste from multifamily housing,
commercial, institutional, and municipal establishments and industrial
lunchrooms and offices shall comply with the regulations and standards
set forth in this article. The type, size and placement of bulk containers
for these establishments shall be determined by the waste generator
and the collector and are subject to approval by the municipality.
All generators of municipal waste and bulky
waste in the municipality shall contract for the collection of disposable
waste and recyclable items as follows:
A.
All one- and two-family residential properties shall
use the authorized collection service.
B.
All multifamily housing, commercial, institutional
and municipal establishments, and industrial establishments with office
and lunchroom wastes shall be subject to this article; however, such
collection services shall be negotiated between the waste generator
and the collector.
C.
Collection service shall be provided in compliance
with the following standards:
(1)
All residential waste shall be collected at least
once each week, with the exception that arrangements shall be made
in advance with the collector for pickup of bulky waste and for payment
of any special fees incident thereto.
[Amended 6-8-1992 by Ord. No. 376]
(2)
All multifamily housing and commercial, municipal,
institutional, and industrial waste shall be collected at least once
each week and more often if required in order to control health hazards,
odors or unsightly conditions.
(3)
All recyclable materials shall be collected at least
once each month and in accordance with Article II, Recycling, of this
chapter, when enacted.
(4)
Each authorized collector shall establish a regular
collection schedule in the municipality and shall so notify the municipality
of the days and times. If a regular collection day falls on a holiday,
the collector shall notify all customers and the municipality as to
when collection will be made.
(5)
Yard waste may not be offered for collection at any
time.
(6)
Highly flammable or explosive waste shall not be offered
for regular collection.
D.
All collectors operating within the municipality shall
comply with this article as regards the licensing of collectors and
the transportation of waste.
E.
Receptacles/containers
shall be placed at the curb or roadside or alley by 6:00 a.m. on the
scheduled day of collection but shall not be so placed prior to 5:00
p.m. on the day before collection, and empty receptacles/containers
shall be removed to the premises from the curb, roadside or alley
by 11:00 p.m. of the day of collection. Receptacles/containers shall
not be kept at the curb or roadside between scheduled collections,
and they shall be stored on the premises at such locations to be unseen
from the public streets or roads or from the front yards of immediate
neighboring property.[1]
A.
The cost of the service for collection of waste from
one- and two-family residences shall be fixed from time to time by
Council and shall be reasonably proportional to the cost of the service
performed and shall be collected by the authorized collector.
B.
The cost of the service for collection of waste from
all multifamily housing, commercial, municipal, institutional and
industrial entities shall be fixed by agreement between the waste
generator and the collector.
A.
It shall be unlawful for any person to accumulate
or permit to accumulate, upon any public or private property within
the municipality, any garbage, rubbish, bulky waste, or municipal
or residual waste except in accordance with the provisions of this
article and any Pennsylvania Department of Environmental Protection
Rules and Regulations adopted pursuant to Act 97 of 1980.[1]
[1]:
Editor's Note: See 35 P.S. § 6018.101 et seq.
B.
It shall be unlawful for any person to burn any solid
waste within the municipality other than in a manner and under conditions
prescribed by the municipality, and such burning shall be in accordance
with the pertinent rules and regulations of the commonwealth.
C.
It shall be unlawful for any person to haul, transport,
collect or remove any solid waste from public or private property
within the municipality without first securing a license from the
county.
D.
It shall be unlawful for any person to use, maintain
or operate an open dump, except that agricultural wastes may be spread
in layers and plowed under, and individuals may compost their own
yard waste.
E.
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.
F.
It shall be unlawful for any person to salvage or
reclaim any solid wastes except at a properly permitted facility in
which salvage is an integral part of the operation.
Any person who violates any provision of this
article shall, upon conviction, be guilty of a summary offense, which
is punishable by a fine of not more than $300 or, in default of payment
of such fine, by imprisonment for a period of not more than 90 days,
or both. Each day of violation shall be considered a separate and
distinct offense.
The collection of municipal solid waste in the
municipality and the disposal thereof shall be subject to such further
reasonable rules and regulations as may from time to time be promulgated
by the governing body; provided, however, that such rules and regulations
shall not be contrary to the provisions of this article or applicable
law.
[Adopted 5-11-1992 by Ord. No. 373]
The following words and phrases, as used in
this article, shall have the meanings ascribed to them herein, unless
the context clearly indicates a different meaning:
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act No. 101 of 1988, July 28, 1988).[1]
- ALUMINUM
- Empty, all-aluminum food and beverage containers, clean aluminum foil and pie tins, aluminum siding, aluminum frames of furniture, scrap from industrial sources, and other all-aluminum material.
- BIMETALLIC CONTAINERS
- Empty food or beverage containers consisting of ferrous sides with aluminum top and bottom. A container is bimetallic if a magnet sticks to the sides but not the ends.
- COLLECTOR
- Any person, firm, corporation or public agency authorized by the municipality to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments to collect recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENT
- Those properties primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing four or more dwelling units.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals, including, but not limited to, fairs, bazaars, socials, picnics and organized sporting events, attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Containerboard cartons, Kraft linerboard, and shipping boxes with corrugated paper medium. This definition also includes Kraft (brown) paper bags.
- GLASS CONTAINERS
- Empty bottles and jars made of clear, green or brown glass. This definition does not include noncontainer glass, window glass, blue glass and porcelain, ceramic products, and light bulbs.
- HIGH-GRADE OFFICE PAPER
- Printing, writing, and computer paper used in commercial, institutional and municipal establishments, as well as in residences. This definition includes white paper, white ledger, bond paper, colored ledger, computer printouts, computer tab cards and copy machine paper.
- INSTITUTIONAL ESTABLISHMENT
- Facilities that house or serve groups of people, including, but not limited to, hospitals, nursing homes, orphanages, day-care centers, schools and colleges.
- LEAD ACID BATTERIES
- Automotive, truck and industrial batteries that contain lead.
- MULTIFAMILY HOUSING
- Properties having four or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Borough and other governmental and quasi-governmental agencies.
- MUNICIPALITY
- The Borough of Mars.
- MUNICIPAL WASTE
- As defined by Act 101.
- 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.
- PERSON
- Owners, lessees, and occupants of residences or commercial, municipal or institutional establishments.
- PLASTICS
- High-density polyethylene, such as plastic containers for milk, container plastics, including resealable containers, food containers, household product containers, PET soda bottles, beverage containers, and other plastic products.
- RECYCLABLE MATERIALS
- Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Borough or by the county to be recycled. Recyclable material may include clear glass, colored glass, aluminum, steel and bimetallic containers, high-grade office paper, newspapers, corrugated paper, yard waste, plastics, and any other items selected by the municipality or county or specified in amendments to Act 101.
- RECYCLING
- The collection, separation, recovery and sale or reuse of metals, glass, paper, yard 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 other than a fuel for the operation of energy.
- RESIDENTIAL ESTABLISHMENT
- Any occupied single-family, duplex or multifamily dwelling of three units or less for which a municipal or private hauler collects municipal waste.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of being recycled.
- STEEL CONTAINERS
- All coated (tin, zinc, etc.) and other empty ferrous food and beverage containers, including allowed materials. This definition also includes ferrous and alloyed ferrous scrap materials derived from iron and stainless steel and white goods (large appliances).
- YARD WASTE
- Leaves, garden residues, shrubbery and tree trimmings, grass clippings, and similar material.
[1]:
Editor's Note: See 53 P.S. § 4000.101 et seq.
The Borough hereby establishes a recycling program
for the mandatory separation and collection of recyclable materials
and the separation and composting of yard waste from all residences
and commercial, municipal and institutional establishments located
in the Borough. Recyclable materials shall be collected at such times
and dates, at least once per month, as may be hereinafter established
by regulation.
A.
Persons in residential establishments shall separate
recyclable materials from other waste. Recyclable materials shall
be placed at the curbside of a site designated by the municipality.
Recyclable materials shall be prepared for collection according to
municipal or county guidelines and shall be placed in containers provided
by the municipality or cut and baled, tied, bundled, stacked, or packaged
in compliance with the guidelines.
(1)
All containers provided to residential establishments
for recyclable materials shall be the property of the Borough and
shall be used only for the storage and collection of recyclable materials.
Any resident who moves shall be responsible for leaving the container
within the residence or shall pay the replacement cost of said container.
(2)
Use of the allocated recycling container for any purpose
other than the recycling program shall be a violation of this article.
B.
An owner, landlord, or agent of the owner or landlord
of a multifamily housing property with four or more units shall comply
with its recycling responsibilities by establishing a collection program
for the tenants at each property. The collection system shall include
suitable containers, provided by the owner, landlord or agent, for
sorting and collection of recyclable materials. The container shall
be placed in easily accessible locations, and written instructions
shall be provided to the tenants concerning use and availability of
the collection system.
(1)
Owners, landlords or agents of a multifamily property
who are in compliance with this article shall not be liable for noncompliance
by the occupants of their property.
(2)
Owners, landlords or agents who have recyclable materials
collected by a collection firm other than the municipality or its
designated collector(s) shall submit an annual report to the Borough
reporting the tonnage of materials recycled during the previous year.
C.
Commercial, institutional, and municipal establishments
and community activities shall separate high-grade office paper, aluminum,
corrugated paper, yard waste and such other materials as may be designated
by the Borough and shall store the recyclable materials until collection.
These establishments may be exempted from this article if the establishments
have otherwise provided for the recycling of materials specified by
this article and provide documentation to the Borough annually indicating
the designated recyclable materials are being recycled and indicating
the tonnage of materials recycled during the previous year. It shall
be the responsibility of each establishment and community activity
to submit an annual report to the Borough reporting the tonnage of
materials recycled by the establishment or activity during the previous
year.
All owners, lessees or occupants of any residential,
commercial, institutional, multifamily, or municipal properties in
the Borough shall separate yard waste from other waste. (The Borough
will specify by regulation the disposition of yard waste.)
No person shall place a used lead acid battery
in municipal waste or discard or otherwise dispose of a lead acid
battery except by delivery to a designated facility authorized under
the laws of Pennsylvania.
All recyclable materials, when placed at the
curbside, become the property of the Borough until removed by an authorized
collector, except as provided below:
A.
Any person may donate or sell recyclable materials
to individuals or organizations authorized by the Borough. The recyclable
materials shall be either delivered to the individual organization
site or may be placed at the curb for collection by said individual
organization. If placed at the curb, the individual or organization
shall not collect recyclable materials on days designated as municipal
collection days.
B.
Any person who donates or sells recyclable materials
shall not receive a discount in waste collection fees paid to their
collector.
The Borough may enter into an agreement with
public or private agencies or firms to authorize said agencies or
firms to collect all or part of recyclable materials placed at curbside
or at another designated site.
The Borough officials are authorized by this
article to enact reasonable rules and regulations for the operation
and enforcement of this article, including, but not limited to:
A.
Designating recyclable materials to be separated by
residential establishments and designating additional recyclable materials
to be separated by commercial, institutional and municipal establishments;
B.
Establishing collection procedures for recyclable
materials;
C.
Establishing reporting procedures for volumes of materials
recycled;
D.
Establishing procedures for the distribution, monitoring,
and collection of recycling containers;
E.
Establishing procedures and rules for the collection
of yard waste; and
F.
Establishing procedures for the enforcement of the
provisions of this article.
A.
Any person, firm or corporation who shall violate
the provisions of this article and its rules and regulations shall
receive an official written warning of noncompliance for the first
offense. Thereafter, all such violations shall be subject to the penalties
hereinafter provided. No enforcement of §§ 218-10 and
218-11 of this article shall be made until three months from the effective
date of this article.
A.
Collection
by unauthorized persons: violation. It shall be a violation of this
article to collect recyclable materials unless such collection firm,
person or corporation is licensed by the county or is authorized by
the Borough as provided for in § 218-14. Unauthorized collection
of recyclable materials from one or more residential, commercial,
institutional, or municipal establishments on one calendar day shall
constitute a separate and distinct offense, punishable as provided
in § 218-16.
B.
Failure
to separate recyclables: violation. It shall be a violation of this
article for any person to mix recyclable materials with other wastes
for collection and disposal purposes.