[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 70.
[Adopted 3-30-1987 by Ord. No. 929]
[Amended 12-10-2012 by Ord. No. 1338]
The Borough Council of the Borough of Tyrone, recognizing its
responsibilities under the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.101 et seq., and in the Municipal Waste Planning,
Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et
seq., and pursuant as well to the powers given it under the Borough
Code, particularly 53 P.S. § 46202(11), hereby determines,
declares and finds as follows:
A.
The closure of all municipal waste disposal sites in Blair County
and the closure or pending closure of disposal sites in neighboring
counties have created an increasingly difficult disposal problem for
Tyrone.
B.
Tyrone's waste haulers must travel increasingly greater distances
at increasing cost to Tyrone residents for proper disposal.
C.
The continuation of these conditions indicates that the Borough of
Tyrone will face a crisis of waste accumulation that threatens the
sanitation, health and safety of Tyrone residents.
D.
Improper and inadequate solid waste practices would create public
health hazards, environmental pollution and economic loss and would
cause irreparable harm to the public health, safety and welfare.
E.
The provisions of this article set forth hereinafter will promote
the public health, safety and welfare and eliminate or reduce the
public health hazards, environmental pollution and economic losses
caused by inadequate and improper solid waste practices.
G.
Accordingly, it is the purpose of this article to accomplish the
following:
(1)
To provide for the effective implementation of the Pennsylvania Solid
Waste Management Act, 35 P.S. § 6018.101 et seq.
(2)
To provide for the effective collection, transportation, processing
and interim and final disposal of municipal waste which is generated
or present within the Borough of Tyrone.
(3)
To require licenses for municipal waste collection and transportation.
(4)
To provide for the collection of municipal waste in an appropriate,
sanitary fashion so as to protect the public health, safety and welfare.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Tyrone.
Large items of refuse, including, but not limited to, appliances,
furniture, large auto parts, trees, and stumps.
[Amended 6-10-2019 by Ord. No. 1429]
The paved area of a street, avenue, alleys, etc.
Municipal waste resulting from animal, grain, fruit or vegetable
matter.
Any person, firm, copartnership, association or corporation
who has been licensed by the Borough to collect, transport and dispose
of refuse for a fee as herein prescribed.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above, but does not include solid or dissolved material in domestic
sewage or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Section 402 of the Federal Water Pollution Control Act, as amended
(86 Stat. 880), or source, special nuclear or by-product material,
as defined by the United States Atomic Energy Act of 1954, as amended
(68 Stat. 923), which, because of its quantity, concentration or physical,
chemical or infectious characteristics, may cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed. The term "hazardous waste" shall not include coal refuse,
as defined in the Act of September 24, 1968 (P.L. 1040, No. 318),
known as the "Coal Refuse Disposal Control Act."[1] "Hazardous waste" shall not include treatment sludges
from coal mine drainage treatment plants, disposal of which is being
carried on pursuant to and in compliance with a valid permit issued
pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as
the "Clean Streams Law."[2]
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not meeting the definition of residual or hazardous
waste hereunder from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
Any condition, structure or improvement which shall constitute
a threat to the health, safety or welfare of the citizens of the Borough
of Tyrone.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, imprisonment or 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.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from any industrial, mining or agricultural operations
and any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act[3] "Residual waste" shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Clean Streams Law.[4]
All municipal waste, except garbage and other decomposable
matter. This category includes, but is not limited to, ashes, bedding,
and crockery.
[Amended 6-10-2019 by Ord. No. 1429]
A.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[1]
Editor’s Note: Former § § 170-3 through 170-7,
License required to haul waste, Issuance of license; fee, Requirements
for granting license, Rate schedule of haulers, and Revocation of
license, respectively, were repealed 6-10-2019 by Ord. No. 1429.
A.
All municipal waste, upon collection by the hauler, will be deemed
to be the property of the hauler.
B.
Residential collections shall be made at least once every week.
C.
Collections from commercial establishments must be made at least
once every week and shall be made more often if necessary to control
health hazards, flies, odors and unsightly appearances.
D.
No vehicle used in collecting, transporting, disposing or removing
municipal waste shall scatter any of the contents on the streets,
highways or alleys of the Borough of Tyrone. Vehicles used to haul
municipal waste must be maintained in a clean and sanitary conditions
so as to present a satisfactory outward appearance and shall meet
all the requirements of the Borough and the Department of Environmental
Protection. The trucks may be inspected at any time by the Code Enforcement
Officer of the Borough of Tyrone for purposes of ensuring compliance
with this article. Any deficiency must be corrected promptly by the
hauler. The hauler shall maintain its equipment in such a condition
as to be able to maintain the collection schedule.
E.
Trucks and other vehicles used for collecting, transporting, disposing
or removing any municipal waste shall meet the following requirements:
(1)
Packers. All municipal waste shall be enclosed within the confines
of the cargo area, which area shall be watertight.
(2)
Dump trucks. If constructed with completely metal beds and lacking
additional wooden sideboards, such trucks shall be covered with a
waterproof tarp.
(3)
Dump trucks or pickup trucks on which additional wooden sideboards
have been installed shall not have the sideboards extending above
the legal height and shall be covered with a waterproof tarp.
(4)
Passenger vehicles used for transporting municipal waste shall keep
the waste within the confines of the vehicle at all times. Access
in the vehicle to the cargo area shall be kept closed at all times
without the use of additional aids such as ropes, tiedowns and other
similar mechanisms.
(5)
All tarps as required in this section shall be made of a waterproof
material. Tarps shall be secured on all four sides at all times, except
during actual loading and unloading.
All municipal waste collected as aforesaid shall be delivered
to a site approved by the Pennsylvania Department of Environmental
Protection (DEP) and as directed by the Borough of Tyrone.
All vehicles shall be emptied at a DEP-approved site as often
as deemed necessary by the designated inspector so as to avoid creating
a public nuisance as hereinafter described.
The fees charged to haulers by the DEP-approved site operator
shall be added on a pro rata basis to the rates charged by the haulers
to the persons whose municipal waste is being collected and hauled.
If a hauler knowingly brings nonconforming waste to the DEP-approved
disposal site and such nonconforming waste is accepted for disposal,
the hauler who delivered such nonconforming waste to the DEP-approved
disposal site shall be and remain liable for all fines, penalties,
costs, expenses and other damages, environmental or otherwise, caused
by the temporary or permanent disposal of such nonconforming waste
at the disposal facility, including any costs associated with removal,
transportation, storage and disposal of such wastes in compliance
with applicable laws and regulations.
Each person who contracts with a licensed hauler to collect
municipal waste shall prepare the waste as follows:
A.
All waste shall be drained of liquid insofar as practical and shall
be placed in sanitary sealed containers and/or cans made of nonabsorbent
material.
B.
Containers shall not exceed 30 gallons in size; cans shall be of
a rust-resistant material and shall be furnished and kept clean by
the customer and shall be replaced by such customer when no longer
in satisfactory condition.
C.
All refuse which cannot be disposed of in containers shall be assembled,
boxed or bundled separately in such a way that it can be handled conveniently
and will not be disseminated by wind or otherwise while awaiting collection.
D.
All refuse, except bulky waste, shall be of units which can be handled
by one person and shall be placed in containers or piled and assembled
in such a way as to facilitate collection.
E.
All containers shall be kept on the customer's property until
the night before scheduled pickup, at which time it may be placed
on the edge of the cartway.
No person, firm or corporation shall use or permit to be used
any spot or place within the Borough as a disposal site for municipal
waste material.
No person shall accumulate or permit to accumulate municipal
waste materials upon private property in the Borough, except in such
limited quantities and for such limited periods of time as shall ensure
that no annoyance, nuisance, health or fire hazard shall be created
thereby; and any unauthorized accumulation of municipal waste on any
premises is hereby declared to be a nuisance and is prohibited.
[Amended 12-10-2012 by Ord. No. 1338]
Any violation or failure to comply with any of the provisions
of this article or the rules and regulations promulgated hereunder
is declared to be a nuisance. Said violation shall constitute an offense,
and any person convicted thereof in a proceeding before a Magisterial
District Judge shall be sentenced to pay a fine of not less than $75
or more than $600, plus the costs of prosecution. In default of payment
of such fines and costs, the person shall be committed to the county
jail for a period not exceeding 30 days. Each day's continuance
of such a violation shall constitute a separate violation. The Borough
is authorized to obtain injunctive relief mandating compliance with
the requirements set forth herein.
All moneys collected pertaining to this article, whether by
fees, fines or royalties, shall be used for the enforcement of this
article.
The Borough is hereby authorized to promulgate rules and regulations
and to issue forms and to set fee schedules as necessary to implement
this article.
Actions taken pursuant to this article are subject to the Local
Agency Law to the extent required by law.
Inspections, notices and issuance of citations pursuant to this
article shall be the responsibility of the Code Enforcement Officer
of the Borough of Tyrone.
[Adopted 9-9-1991 by Ord. No. 1018]
The short title of this article shall be the "Tyrone Borough
Municipal Waste Management and Recycling Ordinance," and the same
may be cited in that manner.
The purpose of this article is to provide for the health, safety
and welfare of the residents of the Borough of Tyrone by regulating
the collection, storage, transportation, removal, disposal and recycling
of municipal solid waste by instituting a comprehensive solid waste
management program and establishing a mandatory municipal waste management
and recycling program pursuant to the requirements of Act 101, the
Municipal Waste Planning, Recycling and Waste Reduction Act,[1] and amendments thereto.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
As used in this article, the following terms shall have the
meanings indicated:
Empty all-aluminum beverage and food containers.
The Borough of Tyrone, Blair County, Pennsylvania; the Borough
Council and the Borough Manager of the Borough of Tyrone.
A service for the collection of solid waste, recyclables
and bulky waste or white goods which is provided by the Borough collector.
Large items of waste, including but not limited to appliances,
furniture, large auto parts, trees, and stumps.
[Amended 6-10-2019 by Ord. No. 1429]
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling unit.
Church, social, school, civic, service group and municipal
functions and all other such functions.
One or more rooms in a residential building, which room or
rooms have fixed cooking facilities arranged for occupancy by one
or more persons living together or one family.
An agreement entered into by Tyrone Borough with a private
person or corporation for the collection and disposal of all municipal
solid waste and/or recyclables within the Borough to the extent provided
by this article and the contract agreement.
Putrescible animal, fish, fowl fruit or vegetable waste incident
to and resulting from the use, preparation, cooking and consumption
of food.
[Added 2-10-2014 by Ord. No. 1348]
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
Any chemical, compound, mixture, substance or article which
is designated by the United States Environmental Protection Agency
or the appropriate agency of the state as "hazardous," as that term
is defined by or pursuant to federal or state law.
Computer paper and white paper generated in offices and homes.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Include but are 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.
Any properties having four or more dwelling units per structure.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation of residential, commercial
or institutional establishments and from community activities and
any sludge not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. This term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded are glossy advertising inserts often included with
newspapers.
Owners, lessees and occupants of residences or commercial
or institutional establishments.
Empty plastic containers. Due to the large variety of types
of plastics, the recycling regulations may stipulate specific types
of plastic which may be recycled.
Any facility maintained for the purpose of sorting, preparing
and/or consolidating recyclables (as defined herein) for sale.
Any premises which is capable of being a fire, health or
safety hazard due to but not limited to accumulations of any flammable
materials, solid waste, recyclables or hazardous waste; or any premises
which contains unauthorized accumulations of solid waste and/or recyclables.
Those materials separated at the point of origin for the
purpose of being recycled, including those materials listed in Act
101 and by the Borough to be recycled.
The program provided by the Borough in conjunction with programs
developed by the county to inform and to encourage residents to use
the recycling collection services.
Recycling services performed by the Borough collector which
include the collection of recyclable materials from locations specifically
designated by the Borough, processing of recyclable materials as applicable
and marketing of the recyclable materials.
Any occupied single or multifamily dwelling having up to
four dwelling units per structure for which the Borough or Borough
collector provides municipal waste collection service.
Municipal solid waste, as herein defined, that is generated
at a dwelling unit.
Those services to be performed by the Borough collector which
include the collection of solid waste from locations specifically
designated by the Borough, transportation of solid waste in trucks
and disposal of solid waste at a facility licensed by the Pennsylvania
Department of Environmental Protection (PADEP).
Vehicle(s) used for the collection of solid waste and recyclables
which have mounted thereon an approved-type, watertight sanitary body
or which has a standard truck body made wastetight and equipped with
means of covering to prevent loss of material by wind. Vehicle(s)
must conform to all rules and regulations stipulated by PADEP.
Any nonmotorized and/or nonpropelled receptacle designed
to hold and/or receive municipal waste and/or other refuse material,
capable of being lowered and lifted by motor vehicle or truck for
the purpose of municipal waste and/or other refuse material storage
and/or collection.
[Added 2-10-2014 by Ord. No. 1348]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
It shall be the mandatory duty of every owner of property and
every person occupying a dwelling unit or premises within the Borough
where municipal waste is generated and accumulated, by his/her own
exposure and cost, except as otherwise specified in this article,
to provide and keep at all times a sufficient number of containers
to hold all municipal waste accumulated between weekly intervals of
collection of such waste by the Borough collector and to ensure the
mandatory sanitary and legal disposal of such waste in accordance
with this article and all other applicable Borough, state and federal
laws and regulations.
A.
Containers. All municipal waste generated and accumulated by owners
of residential property and/or occupants of residential properties
shall be placed in containers for collection by the Borough collector.
The containers shall be durable plastic or rust-resistant metal or
hefty plastic bags. Containers shall not exceed 35 gallons. All garbage
and rubbish shall be drained of liquids before being deposited for
collection.
B.
Location of containers. Each municipal waste container shall be placed
for collection so as to be accessible to the Borough collector at
ground level and at a point immediately adjacent to the curbside or
alleyway from which the collection with a vehicle is made or at a
location mutually agreeable between the resident and collector. Failure
to place containers at such locations may result in missed pickup
or delayed pickup of waste.
A.
Containers. Storage of municipal waste on commercial, institutional
or industrial properties shall be done in a manner that does not threaten
the public health, safety or welfare of the residents of Tyrone Borough.
Containers shall be durable plastic or rust-resistant metal bulk containers
(if needed). Municipal solid waste generated at commercial, institutional
and industrial properties is the sole responsibility of the property
owner and/or the occupants of the property for collection by vendors
that meet state municipal waste hauling regulations. The cost of disposal
of all municipal waste generated at commercial, institutional and
industrial properties is the responsibility of the property owner
and/or occupant.
B.
Location of containers. Containers for collection at commercial,
institutional and industrial properties shall be located on the owner's
or occupant's premises at a place mutually agreeable to the owner
or occupant and the waste collector.
[Added 2-10-2014 by Ord. No. 1348]
A.
Permit required. No person shall park or place any waste dumpster
and/or roll-off container and/or waste container on any street, alley,
highway, sidewalk or right-of-way within the Borough without having
first obtained a permit from the Borough. The permit will not be valid
unless the waste dumpster and/or roll-off container and/or waste container
complies with all specifications required by this article.
B.
Placement of containers. At no time shall a waste dumpster and/or
roll-off container and/or waste container be placed onto any running
lane of the roadway restricting the flow of traffic. The Borough reserves
the right to prohibit the placement of a waste dumpster and/or roll-off
container and/or waste container if it is determined to be a safety
problem. Waste containers are also prohibited from being placed where
they obstruct access to public utilities. The placement of said containers
should be in front of or adjacent to the front or rear of the permit
holder's property if at all possible.
C.
Duration of time. The licensed hauler responsible for the placement,
emptying or removal of a waste dumpster and/or roll-off container
and/or waste container, under this section, shall remove the same
within 30 days of the issuance of a permit by the Borough or when
the same is full, whichever is first to occur. A thirty-day extension
may be granted by the Code Enforcement Officer upon justification
of such an extension.
D.
Removal by Borough. If the waste dumpster and/or roll-off container and/or waste container has not been removed as required by Subsection C, and the licensed hauler responsible for the placement, emptying or removal of the same has not given cause for a time extension, the Borough may move or cause to be moved, at the expense of the licensed hauler, said equipment in violation to a facility where it may be reclaimed by the said licensed hauler upon payment of costs.
E.
Safety/illumination. Any waste dumpster and/or roll-off container
and/or waste container shall be illuminated with light reflectors,
which shall be displayed on all corners and be visible to oncoming
traffic for a distance of not less than 300 feet, between the hours
of sunset and sunrise.
F.
Cover. Any waste dumpster and/or roll-off container and/or waste
container shall be equipped with a cover so that when not in use,
material will not blow from the container, nor will significant amounts
of water accumulate in the waste dumpster and/or roll-off container
and/or waste container so as to cause leakage.
G.
Leakage. Liquids shall not leak from any waste dumpster and/or waste
container onto any street, sidewalk or public right-of-way.
H.
Nonrecyclable waste. Only permitted, nonrecyclable municipal waste shall be placed in such containers, in compliance with all applicable ordinances and/or guidelines. The disposal of garbage, as defined in § 170-23, is strictly prohibited.
I.
Hauler identification. The name, address, and telephone number of
the licensed hauler responsible for the placement, emptying or removal
of the waste dumpster and/or roll-off container and/or waste container
must prominently be displayed thereon.
J.
Permit fees. The waste dumpster and/or roll-off container and/or
waste container permit fee under this section shall be established
from time to time by the Borough and shall be in addition to all other
license fees or taxes required to be paid by the laws of the Commonwealth
of Pennsylvania, or the ordinances of the Borough.
It shall be unlawful for any person or corporation other than
persons or corporations authorized by contract with the Borough to
collect and/or transport municipal solid waste of any nature collected
from residential dwelling units as a regular hauling business from
the Borough. If the Borough decides to enter into an exclusive contract
for the collection, transportation and disposal of residential municipal
solid waste in the Borough, said contractor shall be required to collect
municipal waste in the Borough exclusive of other private haulers
and collectors subject to exceptions to the exclusive Borough contract.
This exclusive contract does not include commercial, institutional
or industrial establishments within the Borough. If the Borough decides
to enter into such an exclusive contract, the Borough shall not issue
a license to any private hauler or collector for the collection of
residential municipal solid waste other than to the hauler or collector
having the exclusive contract with the Borough. Authorization to collect,
transport and dispose of municipal waste for persons other than oneself
may be given only by the Borough through issuance of a contract. All
applicants for collection, transportation and disposal of residential
municipal waste shall be reviewed by the Borough and shall be approved
in accordance with reasonable standards therefor and public bidding
requirements developed therefor by Tyrone Borough Council members.
Any person(s) or corporation(s) transporting solid waste within
the Borough shall prevent or remedy any spillage from the vehicles
or containers used in the transport of such solid waste. The vehicles
used to transport or convey solid waste shall be leakproof and enclosed
to the extent necessary to ensure no loss or spilling of waste from
the vehicles. The Borough shall have the authority to inspect any
and all vehicles used for the transport of municipal solid waste from
the Borough as it deems necessary.
All municipal solid waste generated, collected and transported
from within the jurisdictional limits of the Borough shall be disposed
of at the facility(ies) stipulated in the Blair County Municipal Solid
Waste Management Plan, as approved and permitted by the Pennsylvania
Department of Environmental Protection, as required by Act 101.[1] The Borough reserves the right to make inspections of
authorized collectors to ensure that residential municipal waste generated
within the Borough is being disposed of in an authorized or designated
facility. Any authorized collector found to be in violation of this
section shall have appropriate action taken against him by the Borough
as stipulated in the contract agreement.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
It shall be unlawful for any person to deposit for collection
any solid waste including bulky items not generated at the address
from which collection is made or to bring any solid waste into the
Borough or from one address to another in the Borough for the purpose
of taking advantage of the collection service or to avoid the cost
of collection.
[Amended 7-12-2010 by Ord. No. 1297]
Bulky wastes/white goods will be collected by the collector
pursuant to the contract agreement with the Borough. It shall be unlawful
for any person to place bulky waste/white goods on any property other
than on the property at which it was generated or not directly associated.
Bulky waste generated within the Borough shall be disposed of at a
state-permitted disposal facility stipulated in the Blair County Municipal
Solid Waste Management Plan or at a legitimate salvage dealer that
is in the business of disposing of or recycling such items.
A.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of collecting municipal waste from
hauling his own municipal waste on an irregular or unscheduled basis
to a state-permitted processing or disposal facility stipulated in
the Blair County Solid Waste Management Plan or to the disposal facility
stipulated by the Borough in accordance with the regulations of the
disposal contract or disposal facility. However, nothing contained
herein shall relieve any such person from utilizing the services and
paying the fee for such services of the Borough's designated
municipal waste hauler, regardless of whether such hauler actually
collects municipal waste at such person's residence.
[Amended 6-4-2007 by Ord. No. 1257]
B.
Nothing contained herein shall prohibit a farmer from carrying out
normal farming operations, including composting or spreading of manure
or other farm-produced agricultural waste, not otherwise prohibited
or regulated for land application.
C.
The provisions of this article do not apply to anything but the recycling
of materials and the storage, collection, transportation, and disposal
of municipal solid waste and do not apply therefore to nonrecyclable
residual or hazardous waste defined by the Pennsylvania Solid Waste
Management Act (Act 97), Act 101[1] or any federal laws and regulations and their amendments.
All hazardous or residual waste must be disposed of in compliance
with applicable state and federal laws and regulations.
[Amended 7-12-2010 by Ord. No. 1297]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
There is hereby established a recycling program for the mandatory
separation of recyclable materials from municipal solid waste by persons
residing in residential dwellings for which solid waste is collected
by or on behalf of Tyrone Borough.
[Amended 7-12-2010 by Ord. No. 1297; 6-10-2019 by Ord. No. 1429]
Recyclable materials, including leaf waste, from residential
dwellings shall be placed pursuant to the provisions of the contract
agreement and the Borough's rules and regulations. This shall
be on the same day as regular garbage collection for that week at
the curb or alleyway or other designated place, commingled in a container
provided by the Borough of Tyrone, separate from solid waste for collection
or taken to dropoff sites at such times, dates, and places as may
be herein established by regulation. Materials shall be defined in
the Borough rules and regulations. The Borough reserves the right
to negotiate with the Borough collector a change in recyclable items
during any contract period depending on the marketability of recyclable
materials and requirements of Pennsylvania State law, rule or regulation.
[Amended 7-12-2010 by Ord. No. 1297; 6-10-2019 by Ord. No 1429]
A.
Commercial, municipal and institutional establishments shall separate
and store, until collection, high-grade office paper, corrugated paper,
aluminum, leaf waste and any other materials deemed appropriate by
the establishment or as detailed in the Borough's rules and regulations.
These establishments must arrange for the transfer of the materials
to a recycling facility or system. The establishments shall annually
provide to the Borough evidence of such arrangement and documentation
of the total number of tons recycled if that information is not secured
through other means.
B.
Recyclable materials designated by the Borough must be separated
until collection at community activities, to include aluminum, high
grade office paper and corrugated paper. Sponsoring organizations
must arrange for the transfer of the materials to a recycling facility
or system.
[Amended 7-12-2010 by Ord. No. 1297; 6-10-2019 by Ord. No. 1429]
The owner, landlord, or an agent of an owner or landlord of
multifamily housing properties of four or more units shall establish
a collection system for recyclables, including leaf wastes, at each
property. Materials to be separated shall be defined by the Borough's
rules and regulations. Any additional recyclable materials contained
in Act 101[1] can be added at the owner's discretion. The collection
system must contain suitable containers for collecting and sorting
materials, easily accessible locations for the containers and written
instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of owners or
landlords shall not be liable for noncompliance of the occupants of
their building.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
No person may place a used lead acid battery in mixed municipal
solid waste or discard or otherwise dispose of a lead acid battery,
except by delivery to an automotive battery retailer or wholesaler,
to a secondary lead smelter permitted by the Environmental Protection
Agency or to a collection or recycling facility authorized under the
laws of the commonwealth to accept used lead acid batteries.
It shall be a violation of this article for any person(s) not
authorized by the Borough to collect or pick up or cause to be collected
or picked up any such recyclable material. Each such collection in
violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
Any person may donate or sell recyclable materials to individuals
or organizations. These materials must be delivered to the individual's
or organization's site.
It shall be a violation of this article for the authorized collector
of recyclable materials to deliver such materials to a landfill or
incinerator for the purpose of disposal unless the markets for such
materials no longer exist. The authorized collector will provide to
the Borough the weight receipts of the recyclable materials.
The Borough may enter into agreement(s) with public or private
agencies or firms to authorize them to collect all or part of the
recyclable material from curbside or from dropoff collection points.
The Borough shall establish a comprehensive and sustained public
information and education program concerning the recycling program
feature and requirements in accordance with Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Amended 6-4-2007 by Ord. No. 1257]
It shall be the duty and responsibility of every property owner
and/or every person occupying a residential dwelling unit or premises
within the Borough where municipal waste is produced and is accumulated
to pay a service fee for the collection and disposal of municipal
solid waste and recyclable materials, except as otherwise provided
in this article, to the exclusive contractor of the Borough. It shall
be the duty of every property owner to pay any such service fee for
said collection at the residential dwelling unit or premises regardless
of any obligation, oral and/or written, placed upon the person occupying
the same.
[Amended 7-12-2010 by Ord. No. 1297]
All service fees shall be established under an exclusive contract
for the collection of municipal waste and recyclable materials in
the Borough and shall be established and adjusted by contract awarded
by the Tyrone Borough Council pursuant to public bidding. Collection
of service fees will be the responsibility of the Borough collector
from each individual residence on a monthly or quarterly basis, unless
specifically noted otherwise in the contracted agreement between the
Borough and collector.
[Amended 12-10-2012 by Ord. No. 1338; 2-10-2014 by Ord. No. 1348]
Any action by any person, firm, corporation or other entity
which violates any section of this article or any regulations thereof
shall be punishable by a fine of no less than $100 and not more than
$1,000, plus court costs. Each day a violation continues shall be
considered a separate offense, and in default of payment of fines
and costs, the person shall be imprisoned not more than 30 days. Any
violation of this article will be reviewed for any state or federal
violation of existing laws and rules and regulations, as amended.
In addition to the foregoing penalty, the Borough may also exercise
any other remedies available to it under any existing municipal codes
or other applicable laws to carry out its responsibilities under Act
101,[1] this article and other pertinent ordinances of the Borough.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
This article shall not be amended or modified except by a written
instrument signed by Tyrone Borough and any involved contractor.
This article shall be subject to all applicable federal, state
and local laws and ordinances as well as rules and regulations set
forth by the Department of Environmental Protection, Commonwealth
of Pennsylvania.
The Borough Manager or his/her designee is authorized and directed
to enforce this article. The Borough Manager shall have authority
to make rules and regulations relating to the administration of the
provisions of this article in addition to any other powers herein
conferred upon him/her, provided that such rules and regulations are
not pertaining to the provisions of this article. An aggrieved person
shall have the right of appeal against any rule or regulation made
by the Borough Manager to the Tyrone Borough Council, which may confirm,
modify or revoke any such rule or regulation.
