[HISTORY Adopted by the Borough Council of
the Borough of Milton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-25-1991 by Ord. No. 1020]
This rticle shall be known as the "Borough of
Milton Recycling Ordinance," and the same may be cited in that manner.
The Borough Council of the Borough of Milton,
recognizing that the reclamation of recyclable materials has become
an important method for addressing the growing solid waste disposal
problem through conservation of landfill space, preservation of natural
resources and a reduction in energy consumption, does hereby authorize
the storage, collection and transportation of recyclable materials
in accordance with the provisions of the Municipal Waste Planning,
Recycling and Waste Reduction Act (Act
As used in this article, the following terms
shall have the meanings indicated:
Empty all-aluminum beverage and food containers.
Empty food or beverage containers consisting of steel and
aluminum.
For the purpose of collecting and transporting recyclables,
the Borough of Milton or its authorized agent(s).
Any premises engaged in retail trade or sale of goods. Expressly
included are all restaurants and taverns, all industrial or manufacturing
businesses and all types of offices.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
MULTIFAMILY HOUSING FACILITYA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
ONE-FAMILY DWELLINGA building containing one dwelling unit only.
TWO-FAMILY DWELLINGA building containing two dwelling units only.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official's
authorized representative.
Empty steel or tin-coated steel food or beverage containers.
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, 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, such
as hospitals, schools, day-care centers and nursing homes.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residue,
chipped 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.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of Milton.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
Also included is any sludge not meeting the definition of residual
or hazardous
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisement and other matters of public interest. Expressly
excluded are glossy advertising inserts often included with "newspapers."
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit.
Any individual, partnership, municipal waste hauler, scrap
dealer, corporation, association, institution, cooperative enterprise,
municipality, municipal authority, federal government or agency, state
institution or agency or any other legal entity whatsoever which is
recognized by law as the subject of right and duties. In any provisions
of this article prescribing a fine, imprisonment, 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.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
Source-separated recyclable materials, including material
listed in Section 1501 of Act 101,
Those recyclable materials separated under the
provision of this article and attached regulations shall not be considered
municipal waste and shall not be subject to provisions of those ordinances
which require disposal of municipal waste at designated facilities.
This exemption applies to recyclable materials collected by the Borough
of Milton or its agents and/or delivered to the Borough's dropoff
facility by residents and/or collectors. Likewise, the Borough, or
its designated agents, shall be exempt from all provisions of those
ordinances which require disposal of municipal waste by licensed haulers.
Recyclables separated, stored, collected or delivered in any manner
other than the approved methods listed in this article and attached
regulations, which shall be adopted by the Borough of Milton from
time to time, shall be considered municipal waste and be subject to
the provisions of the appropriate ordinance.
A.Â
Residential. The Borough of Milton hereby establishes
a mandatory residential program for the separation of no fewer than
three recyclable materials from municipal waste by all persons within
the Borough of Milton. Occupants shall be responsible for the separation
of recyclable materials from solid waste and their preparation, storage
and placement at curbside on the designated collection day(s), which
in no case shall be less than once per month. Recyclable materials
may also be delivered to any established dropoff site during the times
permitted. Specific enforcement policies as well as the designation
of the mandatory recyclables are defined in the attached regulations.
B.Â
Commercial, institutional, multifamily and municipal.
The Borough of Milton's recycling program shall include multifamily
housing facilities, as well as commercial, institutional and municipal
establishments, and community activities in accordance with the attached
regulations. It is understood that as new recycling programs are developed
in each of these areas, the recycling program instituted shall be
mandatory. Immediately following program initiation, all affected
persons shall be governed by the provisions of this article. It is
further understood that each multifamily housing facility, as well
as commercial, institutional and municipal establishments, shall submit
an annual report of participation to the Borough of Milton in accordance
with the time schedule and recommendations contained within the attached
regulations, which shall be adopted from time to time by the Borough
of Milton.
C.Â
Public information and education program. As deemed
appropriate, the Borough of Milton shall provide residents with information
regarding household waste management as well as the collecting of
recyclables and/or recycling program changes.
D.Â
Specific program regulations. Specific program regulations
shall be promulgated under this article, and the Borough of Milton
is empowered to make changes to the program regulations as necessary.
Subsequent changes in the program regulations may be made through
the approval of the Borough Council after proper public notice and
notification of all affected participants and shall not necessitate
a change in this article itself.
Immediately upon effect of this article, all
persons who reside in one- and two-family dwellings and all persons
who are responsible for administration of multifamily housing properties
or commercial, municipal and institutional establishments who gather
leaves shall separate all leaf waste from other waste and place it
for collection at the times and in the manner theretofore or hereafter
prescribed by the Borough of Milton. Nothing herein shall require
any person to gather leaf waste or prevent any person from utilizing
leaf waste for compost, mulch or other agricultural, horticultural,
silvicultural, gardening or landscape purposes.
It is understood that any recyclables located at the curbside, in dropoff sites or in storage bins associated with residential, commercial, municipal, institutional or multifamily housing establishments are the property of the Borough of Milton. It shall be a violation of this article for any person(s) to collect or remove or cause to be collected or removed any such recyclable materials specified in the Borough of Milton's regulations unless authorized by the Borough of Milton. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as outlined in § 204-11C. The Borough of Milton recognizes there may be recycling operations in existence at the time this article is adopted. All recycling operations in existence at that time may be authorized to continue to operate within the Borough of Milton, provided that the collector obtains a license and agrees to operate within the provisions of the attached regulations.
All persons in the Borough of Milton are prohibited from disposing of designated recyclables with the ordinary municipal waste or the burning of designated recyclables, which may include those items permitted to be burned under Chapter 111, Burning, Open, as amended, in incinerators. All recyclable materials collected must be taken to a recycling facility, and records must be kept by the collector to verify the same. All collectors and/or operators of the recycling program are prohibited from disposing of collected recyclables in landfills or burning said recyclables in incinerators. Notwithstanding any provision of this article, any person having ownership of recyclables may sell or donate the same to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such materials may not be placed for collection at nor collected from curbside.
The Borough of Milton shall provide for the
collection of all or part of the recyclable program and/or materials
from curbside, dropoff or other designated locations in accordance
with the attached regulations which shall be adopted by the Borough
of Milton from time to time. The Borough of Milton may enter into
agreements with any agency to collect the recyclable materials. In
any case where a person is not serviced at curbside by the Borough,
that person may contract with a private collector, provided that the
collector secures the necessary licensing in accordance with the attached
program regulations.
The Borough of Milton may assess a monthly fee
either per bag or per residential, commercial, institutional and/or
municipal unit to offset the cost of the recycling program. The monthly
fee may be determined on an annual basis in accordance with collection
fees, market rates and other variable costs associated with the program.
The monthly fee shall be designated in the attached regulations.
A.Â
Nonparticipation. Upon the discovery of any violation under the terms of this article, the municipality shall, through its authorized agent(s), give notice to the owner or occupant (or either of them as the case may be) of a violation hereunder, either by personal delivery to such owner or occupant, by United States Mail directed to the last known address of such person or persons, as shown in the real estate registry records of the municipality, or by leaving the same on the premises where such violation occurs. If such person shall, within seven days after the delivery, mailing or leaving of such notice, pay to the Treasurer of the municipality the sum of $5 for the violation, the same shall constitute full satisfaction for the violation in said notice. If three or more violations are issued to the same person during a calendar year, the penalty for the third and subsequent violations shall be increased to $25 per violation. The failure of such person to make payment as aforesaid within seven days shall render such person subject to the penalties as provided in Subsection B.
B.Â
Fines for nonparticipation or nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, a multifamily housing program or a commercial, municipal or institution program to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the Borough or pay the penalty or penalties specified in Subsection A, that person shall, upon conviction of such default, neglect or refusal, pay a fine of not less than $50, together with the costs of prosecution, to be collected as now provided by law. Each violation shall constitute a separate offense. In the case of commercial, municipal or institutional programs, each establishment which fails to submit the required reports of participation as established in § 204-5B shall also be fined in accordance with the above provisions.
C.Â
Unauthorized collection. If any person, firm, corporation or other
entity unauthorized by the Borough of Milton collects or removes or
causes to be collected or removed any such recyclable materials as
specified in the Borough of Milton's regulations, in violation of
this article, such person, firm, corporation or other entity shall,
upon conviction by a District Justice in a summary proceeding, be
subject to a fine of not more than $1,000, together with the costs
of prosecution. Upon judgment against any such defendant by summary
conviction, and on default of the payment of the fine or penalty imposed
and the costs, such defendant may be sentenced to the county jail
for a period not exceeding 30 days. Each day of a violation shall
constitute a separate and distinct offense and shall be subject to
separate summary proceedings before a District Justice and subject
to the penalty imposed by this section for each and every day such
violation shall continue.
[Amended 10-28-1998 by Ord. No. 1103]
D.Â
Pilfering of collection containers. If any person is responsible
for pilfering of collection containers issued to a residence slated
for curbside collection or any other phase of the Borough of Milton's
recycling program or if any person is responsible for pilfering of
collection containers placed at designated dropoff sites or issued
to businesses, institutions, municipalities and multifamily housing
units for the Borough of Milton's recycling program, such person shall,
upon conviction by a District Justice in a summary proceeding, be
subject to a fine of not more than $1,000, together with the cost
of prosecution. Upon judgment against any such defendant by summary
conviction, and on default of the payment of the fine or penalty imposed
and the costs, such defendant may be sentenced to the county jail
for a period not exceeding 30 days. Each day of a violation shall
constitute a separate and distinct offense and shall be subject to
separate summary proceedings before a District Justice and subject
to the penalty imposed by this section for each and every day such
violation shall continue. The affected resident shall be responsible
for replacing any missing container through purchase from the Borough
of Milton.
[Amended 10-28-1998 by Ord. No. 1103]
The responsibility for the enforcement of this
article shall be the Borough Manager's office of the Borough of Milton
or its designated agent(s).
This article shall be subject to all applicable
federal, state and local laws and ordinances as well as rules and
regulations as set forth by the Department of Environmental Resources
of the Commonwealth of Pennsylvania.
[Adopted 1-22-1992 by Ord. No. 1027]
This article shall be known as the "Borough
of Milton Municipal Solid Waste Disposal Ordinance."
It is the purpose and intent of the Borough
Council, through the enactment of this article, to promote and protect
the health, safety and welfare of the residents of the Borough by
regulating transportation and disposal of municipal solid waste generated
in the Borough.
Unless the context specifically and clearly
indicates otherwise, the meanings of the terms used in this article
shall be as follows:
The Borough of Milton, Northumberland County, Pennsylvania.
Borough Council, the Borough of Milton, Northumberland County,
Pennsylvania.
A written authorization from the Borough for the transportation
of municipal solid waste to the Borough's transfer station.
A person regularly engaged in the transportation or disposal
of municipal solid waste generated in the Borough by another person.
A process of controlled biological decomposition of organic
materials, producing stable, aerobic, humus-like products.
Lycoming County, Pennsylvania, and any of its agencies and
departments.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of solid waste enters
the land, is emitted into the air or is discharged into the waters
of the Commonwealth of Pennsylvania.
Any site, location, area, incinerator, resource recovery
facility or premises to be used for the ultimate disposal of solid
waste.
Any table refuse, animal and vegetable matter, offal from
meat, fish or fowl, fruits, vegetables and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
The undergoing of rapid combustion of a substance in such
a manner as to give off heat, gases and usually, but not always, light.
A written authorization from the county for the transportation
and disposal of municipal solid waste at the county's municipal solid
waste disposal facilities.
Any garbage, refuse, rubbish, industrial lunchroom or office
waste and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not included in the definition of residual or hazardous
waste in the Pennsylvania Solid Waste Management Act (35 P.S. § 6018.103)
from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal institution or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
the masculine pronoun is used to refer to a person it shall encompass
the feminine and neuter genders.
Any substance, including but not limited to glass, paper,
plastic, metal and rubber, which may be reprocessed and made useful.
All matter and materials discarded or rejected by their owners
thereof as offensive or useless or which, by their presence or accumulation,
may injuriously affect the health, comfort, and safety of the residents
of the Borough and shall include but not be limited to ashes, garbage,
rubbish, litter and other discarded materials, but shall exclude human
body waste.
Occurring two or more times per calendar month.
Any sylvan materials, plastic materials, leather, rags, grass,
straw or manure and all solid combustible matter not included in this
section under the term "garbage."
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
The containment of municipal solid 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 municipal solid waste in excess
of one year constitutes disposal. This presumption can be overcome
by clear and convincing evidence to the contrary.
Any substance composed of wood, including but not limited
to leaves, brush, trees, paper, newspapers, magazines and similar
natural items.
An area for the storage of municipal solid waste until its
final transportation and disposal.
The off-site removal of any solid waste at any time after
generation.
A.Â
Disposal of municipal solid waste or other solid waste within the Borough is prohibited except as specifically permitted under § 204-20 of this article.
A.Â
All collectors shall be licensed by the county.
B.Â
Collectors shall comply with all of the rules and
regulations of the county regarding transportation and disposal of
municipal solid waste, and such rules and regulations are hereby adopted
as rules and regulations of the Borough.
C.Â
Every vehicle used by a collector for the transportation
or disposal of municipal solid waste in the Borough shall have a watertight
body which is fully enclosed, is maintained in good repair, is cleaned
regularly and has the name of the owner prominently displayed on both
of its sides.
D.Â
A collector may make a private contract with any resident
of the Borough for the transportation and disposal of municipal solid
waste for such prices as the collector deems appropriate.
E.Â
A collector shall pay to the county, on such terms
as the county may approve, all fees charged by the county in connection
with the disposal of municipal solid waste transported by such collector.
F.Â
A collector shall indemnify the county for all expense
and loss sustained by the county which arises out of such collector's
disposal at the county municipal solid waste disposal facilities of
any waste which is not authorized by any of the county's then existing
permits to operate those facilities. The county may remove such waste
from its facilities and dispose of it at a disposal area of the county's
choice at such collector's expense.
G.Â
Upon expiration, revocation or termination of his license, a collector shall notify the Borough, in writing, and shall cease transportation and disposal of municipal solid waste generated in the Borough except as specifically permitted under § 204-20 of this article.
H.Â
Storage, transportation and disposal of municipal
solid waste shall be done in a safe, sanitary and nuisance-free manner
and in compliance with all applicable rules, regulations, statutes,
and laws of the Commonwealth of Pennsylvania and the ordinances and
resolutions of the county and the Borough.
The following acts are permitted without a license:
A.Â
Transportation and disposal by any person of municipal
solid waste generated on his land in the Borough at a site approved
and licensed by the Department of Environmental Resources of the Commonwealth
of Pennsylvania, or its successor, as a transfer station or disposal
area.
B.Â
The use by any person of manure, compost or refuse
as fertilizer or mulch in farming or gardening in accordance with
commonly accepted agricultural or horticultural practices.
C.Â
The burial by any person of his dead household pets
on his land.
D.Â
The use as fill by any person of bricks, cement, clay,
concrete, gravel, loam, plaster, sand, shale, slate, stones and sylvan
materials in a safe, sanitary and nuisance-free manner and in compliance
with all applicable rules, regulations, statutes and laws of the Commonwealth
of Pennsylvania and the ordinances and resolutions of the Borough.
E.Â
The incineration by any person of paper and other
sylvan materials on his land in a safe, sanitary and nuisance-free
manner and in compliance with all applicable rules, regulations, statutes
and laws of the Commonwealth of Pennsylvania and the ordinances and
resolutions of the Borough.
F.Â
Storage or transportation of recyclable materials
by any charitable, civic, religious or school organization in a safe,
sanitary and nuisance-free manner and in compliance with all applicable
rules, regulations, statutes and laws of the Commonwealth of Pennsylvania
and the ordinances and resolutions of the Borough.
A.Â
Every collector shall apply to the Borough for a license.
B.Â
A license may be issued only to a person who furnishes
satisfactory evidence that he is capable of providing the necessary
services and of complying with the provisions and intent of this article
and the rules and regulations established by the county and the Borough.
C.Â
Every license shall be issued on a fiscal year basis,
but may be revoked at any time by the Borough in accordance with the
rules and regulations adopted by the Borough or the Department of
Environmental Resources.
D.Â
License fees shall be paid to the Borough according
to its rules and regulations.
E.Â
The license issued by the Borough shall be exhibited
to any official of the Borough on demand.
A.Â
Upon disposal at the county municipal solid waste
disposal facilities, municipal solid waste generated in the Borough
shall become the sole property of the county, and the Borough hereby
relinquishes any and all of its rights, title and interests in and
to such waste; provided, however, that if any such waste is not authorized
for disposal at the county municipal solid waste disposal facilities
under any of the county's then existing permits to operate those facilities,
title to such unauthorized waste shall be deemed to remain in the
collector who transported it.
B.Â
Upon disposal at the county municipal solid waste
disposal facilities, recyclable materials in municipal solid waste
generated in the Borough shall become the sole property of the county
and the Borough hereby relinquishes any and all of its rights, title
and interests in and to such material. However, at anytime during
the term of the municipal agreement between the Borough and the county,
the Borough, by properly enacted resolution, may adopt rules and regulations
to recover any or all recyclable materials from its municipal solid
waste and utilize such materials as it deems appropriate.
C.Â
In the event that the county's right to operate the
county municipal solid waste disposal facilities is terminated for
any reason, the county shall not be liable to any collector for damages
nor be under any obligation to provide an alternate municipal solid
waste disposal facility.
A.Â
Any person doing any act prohibited by this article
or failing to do any act required by this article shall be guilty
of a summary offense and, upon conviction thereof before a District
Justice of Northumberland County, shall be sentenced to pay a fine
of not more than $1,000, together with the costs of prosecution, or
to undergo imprisonment in the Northumberland County Jail for a period
of not more than 30 days, or both. Every violator of a provision of
this article shall be deemed guilty of a separate offense for each
and every day such violation continues and shall be subject to the
penalties authorized by this section for each and every such separate
offense.
B.Â
In addition to the foregoing penalties, the Borough
may notify the owner or occupier of any real property to remove any
accumulation of municipal solid waste or other solid waste, and should
said person fail to remove the same within 10 days after written notice,
the Borough may cause the same to be removed and may collect the costs
thereof together with a penalty of 10% of such costs in the manner
provided by law for the collection of municipal claims or by action
in assumpsit or may seek relief by bill of equity.
