This article shall be known and may be cited as the "Municipal
Solid Waste Management Ordinance of the Borough of Zelienople."
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 1988-101, July 28, 1988).
AUTHORIZED COLLECTOR
A person, firm, partnership, corporation or public agency
authorized by the Borough or County to collect municipal waste from
residential, commercial, municipal and institutional establishments.
BULKY WASTE
Large waste items, including but not limited to appliances,
auto parts, furniture and trees, branches or stumps which require
collection in other conventional compactor waste collection vehicles.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
three 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."
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.
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 and
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.
All generators of municipal waste in the Borough shall contract
for the collection of disposable waste and recyclable items as follows:
A. All residential properties shall use an authorized collection service
unless they prove to the Borough that they have made alternative arrangements
consistent with this article.
B. All multifamily housing, commercial, institutional and municipal
establishments, and industrial establishments with office and lunchroom
wastes shall use an authorized collection service of their choice.
C. Collection service shall be provided in compliance with the following
standards:
(1) All residential waste shall be collected at least once a week except
for the week when the recyclable items are collected. Each collector
will provide a schedule to its customers indicating the dates when
recyclable materials will be picked up. Haulers will not be required
to collect residential waste on the week when recyclable items are
picked up; however, on the following week haulers must permit their
customers to put out double the usual amount of residential waste
to be hauled away.
(2) All multifamily housing, 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 the Borough's Recycling Ordinance (Chapter
225, Article
II).
(4) Each authorized collector shall establish a regular collection schedule
in the Borough and shall so notify the Borough of the days and times.
If a regular collection day falls on a holiday, the collector shall
notify all customers and the Borough as to when collection will be
made.
(5) All waste collection activity shall be conducted Monday through Saturday
between the hours of 6:00 a.m. and 9:00 p.m. unless prior approval
for an exception has been granted by the Borough. No collection service
shall be permitted on Sunday.
D. All authorized collectors operating within the Borough shall comply with the Butler County Solid Waste Management Ordinance (Article
I of this chapter) as regards the licensing of collectors and the transportation of waste to the county-designated disposal facility.
The Borough reserves unto itself the authority to enter into exclusive contracts, after bidding, with a collection firm. Nothing contained herein or in the Zelienople Borough Recycling Ordinance (Article
II of this chapter) is meant to restrict that power and authority.
The Borough of Zelienople retains the right to establish, by
resolution, regulations establishing standards for collection firms
who contract with individual generators.
All authorized collectors shall be responsible for the collection
of any fees or charges for municipal waste collection and disposal
services provided to residential, commercial institutional, municipal
and industrial sources with the Borough.
[Amended 12-11-1995 by Ord. No. 715]
Any person who violates any provision of this article shall,
upon conviction, be guilty of an offense which is punishable by a
fine of not less than $25 nor more than $1,000 plus costs and, in
default of payment of such fine and costs, to imprisonment for a period
of not more than 30 days. Each day of violation shall be considered
a separate and distinct offense. No enforcement shall be made until
two months from the effective date of this article.
The collection of municipal solid waste in the Borough and the
disposal thereof shall be subject to such further reasonable rules
and regulations as may from time to time be promulgated by the Borough
Council; provided, however, that such rules and regulations shall
not be contrary to the provisions of this article or applicable law.