Borough of Mars, PA SOLID WASTE

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.

§ 218-2 Storage of municipal waste prior to collection.

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.

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.

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.

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.

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.

§ 218-3 Standards and regulations for collection.

All generators of municipal waste and bulky waste in the municipality shall contract for the collection of disposable waste and recyclable items as follows:

All one- and two-family residential properties shall use the authorized collection service.

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.

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.

All collectors operating within the municipality shall comply with this article as regards the licensing of collectors and the transportation of waste.

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]

[1]:

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 218-4 Collection and disposal charges.

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.

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.

§ 218-5 Prohibited activities.

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.

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.

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.

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.

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.

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.

§ 218-6 Violations and penalties. [1]

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.

[1]:

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 218-7 Additional regulations.

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.

Article II Recycling

[Adopted 5-11-1992 by Ord. No. 373]

§ 218-8 Definitions.

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.

§ 218-9 Establishment of program.

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.

§ 218-10 Separation and collection requirements.

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.

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.

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.

§ 218-11 Yard waste.

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.)

§ 218-12 Lead acid batteries.

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.

§ 218-13 Ownership of recyclable materials.

All recyclable materials, when placed at the curbside, become the property of the Borough until removed by an authorized collector, except as provided below:

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.

Any person who donates or sells recyclable materials shall not receive a discount in waste collection fees paid to their collector.

§ 218-14 Collection by public or private agencies.

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.

§ 218-15 Administration and enforcement.

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:

Designating recyclable materials to be separated by residential establishments and designating additional recyclable materials to be separated by commercial, institutional and municipal establishments;

Establishing collection procedures for recyclable materials;

Establishing reporting procedures for volumes of materials recycled;

Establishing procedures for the distribution, monitoring, and collection of recycling containers;

Establishing procedures and rules for the collection of yard waste; and

Establishing procedures for the enforcement of the provisions of this article.

§ 218-16 Warning; violations and penalties.

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.

Upon conviction of a violation of the provisions of this article, a maximum fine of $300, including costs of prosecution, or imprisonment for not more than 90 days for each and every offense is imposed.[1]

[1]:

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 218-17 Additional violations.

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.

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.