[Adopted 5-20-1992 by Ord. No. 676 (Ch. 20, Part 1, of the
1995 Code)]
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:
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
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.
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.
See "authorized collector."
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
three or more dwelling units.
Any metal bin or container which may be mechanically lifted
and emptied into a collection vehicle.
See "authorized collector."
Facilities engaged in manufacturing or processing, including,
but not limited to, factories, foundries, mills, processing plants,
refineries and mining.
Facilities that house or serve groups of people, including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and colleges.
Properties having three or more dwelling units per structure.
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.
The Borough of Zelienople.
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.
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.
Unauthorized or uncontrolled removal of solid waste materials
placed for collection or removal from a solid waste processing or
disposal facility.
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.
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such 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.
(3)
The Borough 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
Borough 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 containers
shall be condemned by the Borough, 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 Borough 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.
(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 all municipal waste from multifamily housing, commercial,
institutional and municipal establishments and industrial lunchrooms
and office wastes 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 authorized collector and are subject to approval by the Borough.
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.
(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.
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.
A.
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, 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.
B.
It shall be unlawful for any person to burn any solid waste within
the Borough except in a manner and under conditions prescribed by
the Borough, 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
Borough 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 Borough.
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.
[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.
