[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock 2-12-2019 by Ord. No. 707. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 114.
Open burning — See Ch. 121.
Property maintenance — See Ch. 217.
Editor's Note: This ordinance repealed former Ch. 246, Solid Waste, comprised of Art. I, Solid Waste Management and Recycling, adopted 8-4-1992 by Ord. No. 542 (Ch. 20, Part 1, of the 1983 Code); amended in its entirety 3-3-2015 by Ord. No. 683, as subsequently amended; and Art. II, Recycling Rules and Regulations, adopted 10-6-1992 by Res. No. 246 (Ch. 20, Part 2, of the 1983 Code).
This chapter shall be known and may be cited as the "Slippery Rock Borough Municipal Solid Waste Management and Recycling Ordinance."
The following words and phrases as used in this chapter 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), as amended.
- APPROVED WASTE CONTAINER
- Waste containers provided by the hauler in approximately thirty-five- or ninety-five-gallon capacity, either hinged or tight-fitting, with handles or equipped for remote equipment to lift.
- AUTHORIZED COLLECTOR
- A person, firm, partnership, corporation, or public agency with whom the Borough has contracted to collect municipal waste or recyclable materials from residential establishments.
- BULK WASTE
- Quantities of waste greater than that which will fit into the approved waste container(s) with the lid closed.
- BULKY WASTE
- Individual municipal waste items generated within residential dwelling units that are too large to fit within the selected waste container, including but not limited to furniture, appliances, mattresses and carpet.
- Any person, firm, partnership, corporation, or public agency licensed to collect municipal waste and/or recyclable materials from multifamily, commercial, municipal, or institutional establishments.
- COMMERCIAL ESTABLISHMENT
- Properties used primarily for commercial or industrial purposes. Any building used for commercial purposes on the first floor or level shall be considered a commercial building in its entirety for purposes of the within regulations. Any residential units located on additional floors or levels of the building shall be considered part of the commercial establishment for purposes of this chapter.
- 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 30 or more individuals per day.
- COVERED COMPUTER DEVICE
- A desktop or notebook computer or computer monitor or peripheral, marketed and intended for use by a consumer. The term does not include a covered television device.
- COVERED DEVICE
- A covered computer device and covered television device marketed and intended for use by a consumer. The term does not include:
- A. A device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
- B. A device that is functionally or physically a part of or connected to or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development or medical setting, including, but not limited to, diagnostic, monitoring, control and medical products as defined under the federal Food, Drug and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.), or equipment used for security, sensing, monitoring, antiterrorism, emergency services purposes or equipment designed and intended primarily for use by professional users;
- C. A device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier or exercise equipment; or
- COVERED TELEVISION DEVICE
- An electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable or satellite, including, without limitation, any direct view or projection television with a viewable screen of four inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode or similar technology marketed and intended for use by a consumer primarily for personal purposes. The term does not include a covered computer device or a mobile telephone.
- All animal and vegetable waste resulting from handling, preparation, cooking or consumption of food.
- HAZARDOUS WASTE
- A solid waste, or combination of solid wastes, 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 serious irreversible, or incapacitating reversible, illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed (42 U.S.C. § 6903). This term includes but is not limited to materials which are ignitable (flammable), corrosive (capable of dissolving metals or burning skin), reactive (unstable or react violently with water) and toxic (poisonous, containing heavy metals or man-made chemical pesticides, except those specific pesticides officially designated as nonhazardous by the United States EPA and the PA DEP and the Borough of Slippery Rock).
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- MULTIFAMILY HOUSING
- Properties having more than four residential dwelling units per structure. Dwelling units located above a commercial establishment shall be excluded from this definition.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Borough and other governmental and quasi-governmental agencies.
- MUNICIPAL WASTE
- 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. "Municipal waste" does not include covered devices, electronic waste, or yard waste.
- The Borough of Slippery Rock.
- OPEN DUMP
- Any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under Section 4004 of the Solid Waste Act (42 U.S.C. § 6944) and which is not a facility for disposal of hazardous waste.
- A keyboard, printer or any other device sold exclusively for external use with a computer that provides input into or output from the computer. The term does not include adaptive or assistive technologies.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency (including, but not limited to, the Department of General Services and the State Public School Building Authority), or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision of this chapter 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.
- PUBLIC WASTE RECEPTACLE
- A collection container designed to collect loose items of solid waste, such items to be no larger than the container itself, generated by persons while in close proximity to the container. Such containers are, by definition, accessible to an unlimited population, as in public places (e.g., malls, streets, parks, commercial establishments, etc.).
- RECYCLABLE MATERIAL
- Material generated by residential, commercial, municipal, and institutional establishments for which recycling markets exist and for which there is a recycling agent. Recyclable materials may include aluminum, steel, and bimetallic containers, high-grade office paper, newspapers, corrugated paper, plastics, and any other item selected by the Borough or county, or specified in amendments to Act 101. "Recyclable materials" does not include covered devices, and is subject to change as necessary or permitted to adapt to market conditions.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf 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.
- A chemical used in refrigerator systems, such as air conditioners and refrigerators, that is an ozone depleting substance (ODS) such as chlorofluorocarbon (CFC) or hydrochlorofluorocarbon (HCFC) refrigerant.
- RESIDENTIAL ESTABLISHMENT
- A single-family, duplex, or structure with four or fewer dwelling units. This shall not include residential units located above commercial businesses, which shall be considered commercial for purposes of this chapter.
- SOLID WASTE
- Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or containing gaseous materials. The term does not include coal ash or drill cuttings.
- YARD WASTE
- Leaves, garden residue, shrubbery and tree trimmings, grass clippings and similar material.
Editor's Note: See 53 P.S. § 4000.101 et seq.
Any person generating municipal waste shall deposit the same into approved containers for municipal waste and recyclable materials.
All municipal waste shall be stored in approved containers until collection by the hauler. Approved containers shall comply with the following standards:
Approved containers shall be leakproof and constructed of durable, watertight, rust- and corrosion-resistant material, and 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.
Approved containers shall not present an offensive odor extending beyond 10 feet from the exterior of the container. Any cracked or rusted container shall be condemned by the Borough, tagged as a public nuisance, and arrangements shall be made with the waste collector to remove the containers by the next collection day.
Approved containers for residences shall have tight-fitting covers, suitable lifting handles, and shall have a capacity of either approximately 35 or 95 gallons, as supplied by the waste collector.
Containers shall be closed or sealed at all times, and waste shall not protrude or extend above the top of the container.
Bulky items that do not fit inside the approved containers shall be stored in a manner that will prevent the accumulation or collection of water, the harboring or breeding of vectors, insects or rodents, or the creation of safety and fire hazards, and shall not be placed at the curb for collection earlier than the day prior to the published pickup date.
Municipal waste may be placed curbside for collection no more than 24 hours prior to scheduled collection, and must be removed from the curbside within 24 hours following the scheduled collection date.
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 chapter. The type, size, and placement of detachable containers for these establishments shall be determined by the waste generator and the collector and are subject to approval by the Borough.
All residential establishments, defined as those with four or fewer residential units, shall use the authorized collector contracted by the Borough for the collection of municipal waste, and shall be subject to the conditions and requirements of such contract.
Each commercial, multifamily, institutional, municipal, and industrial establishment shall use a collector of its own choice in accordance with this chapter.
All municipal waste from residential establishments shall be collected at least once per week, with the exception that collection of bulky items shall occur once monthly on the same weekday as municipal waste, except in the month of May, during which bulky waste shall be collected once each week.
All municipal waste from commercial, multifamily, institutional, municipal, and industrial establishments shall be collected at least once per week and more often if required in order to control health hazards, odors, or unsightly conditions.
Each collector shall establish a regular collection schedule for all collections 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 or authorized collector shall notify all customers and the Borough as to when collection will be made.
The collector shall publish and distribute to each residential establishment a schedule for residential waste collection.
Each commercial, institutional, multifamily, municipal, and industrial establishment shall have all waste collection conducted from Monday through Saturday between the hours of 6:00 a.m. and 6:00 p.m. No collection service of any kind shall be permitted on Sunday.
All collectors operating within the Borough shall comply with the Butler County Solid Waste Management Ordinance with regard to the licensing of authorized collectors and the transportation of waste to the county-designated disposal facility.
Any vehicles used for collection of solid waste shall be equipped with compacting devices or equivalent types of closed bodies, shall have enclosed cargo space, and shall be constructed so as to be leakproof, fireproof and to prevent littering and nuisances.
It shall be unlawful in the Borough to collect, haul, transport, or convey solid waste in open, unenclosed vehicles.
The cost of collecting municipal waste within the Borough of Slippery Rock, Butler County, Pennsylvania, shall be assessed against each residential establishment at the rate specified in the contract between the Borough of Slippery Rock and the authorized collector.
The cost set forth in the contract between the Borough of Slippery Rock and the authorized collector shall include the disposal of one container of approximately thirty-five- or ninety-five-gallon capacity, one biweekly collection of recyclables in the approved container provided by the Borough, and bulky waste collection once per month and once weekly through the month of May.
Residential establishments may contract directly with the authorized collector for additional services, and the authorized collector shall publish a list of additional services and pricing available.
Bulk waste that cannot fit in the approved container for pickup may be collected curbside through the use of additional bag stickers. Additional bag stickers may be purchased by the resident from either the Borough office or directly from the waste collector. All additional bags must bear an additional bag sticker in order to be collected.
Unoccupied dwelling units.
Residents seeking a temporary, but long-term, discontinuation of garbage services shall submit an application to Slippery Rock Borough. If approved, such resident shall not be billed for monthly service or charged a collection fee during the absence or vacancy from the residence. Once approved by the Borough, the hauler will be advised as to which residences are to be considered vacant for billing purposes. Unoccupied dwelling units include the following:
Units that are for sale and not under contract for purchase;
Units that are not contracted to any person (or legal entity) for rent/lease;
Units that are contracted but empty for at least 90 continuous calendar days (tenant travels or will be out of town for an extended period of time);
Units that are usually owner-occupied but empty for at least 90 continuous calendar days;
Units that are contracted but tenant is involuntarily unavailable to occupy (health, legal, family, or similar reasons);
Units that are unavailable (for more than 90 days) for contracted occupancy (maintenance issues, safety, utility, damage, etc.);
Units that are without water/sewer or other utility service for an extended period of time (long-term, more than a few days).
All such applications shall be submitted to the Borough Administrator and will be approved or denied at the discretion of Council or an individual designated by Council. Abuse of the ability to seek such discontinuance will result in the denial of fixture requests.
Commercial, institutional, municipal, and industrial establishments shall select a collector and negotiate directly with the collector for, at a minimum, collection of municipal waste and recyclables. Residential units located above commercial establishments shall be considered part of the commercial establishment for purposes of this chapter.
No person shall place a used lead acid battery in municipal waste, discard or otherwise dispose of a lead acid battery, except by delivery to a designated facility authorized under the laws of Pennsylvania.
No person shall place used motor oil in municipal waste, discard or otherwise dispose of used motor oil, except in accordance with the laws of the Commonwealth of Pennsylvania.
Refrigerants shall be handled and disposed of only by persons who recycle used coolants.
Hazardous and potentially threatening waste.
Hazardous waste is regulated by the Pennsylvania Department of Environmental Protection and is not to be disposed of in connection with the collection of municipal waste or recyclable materials.
The Borough or its agent reserves the right to refuse collection and disposal of all threatening or potentially threatening waste generated by any person within the Borough, said waste to include, but not be limited to, sharps (sharp objects which could cut or puncture the skin when grasped or brushed against), radioactive materials (from medical facilities, smoke detectors, etc.), and infectious waste (waste which may be contaminated by a disease-producing microorganism or material).
Covered devices; e-waste.
The Borough or its authorized collector may provide notice of special covered-device collection dates.
Potentially threatening waste. The following regulations do not supersede county and commonwealth laws applicable to any establishment within the Borough and may be added to or altered as more affordable methods of disposal become available. The following regulations shall be adhered to by persons within the Borough:
Sharps (razor blades, syringe needles, broken glass or other sharp objects) shall be placed in an opaque, tightly sealed container with a screw-on lid. The full container of sharps may be placed in a reusable solid waste collection container, not with recyclables. Syringe needles shall be broken before placing them in the sharps container.
Infectious waste shall be placed in securely fastened, nonleaking plastic bags (doubled if necessary) before being stored in reusable solid waste collection containers.
The Borough hereby establishes a recycling program for the mandatory separation from municipal waste and collection of recyclable materials by all residential, multifamily, commercial, municipal, industrial and institutional establishments located in the Borough.
Recyclable materials shall be collected at such times and dates, at least twice per month, as may be hereinafter established by regulation or resolution.
Persons in residential establishments shall separate recyclable materials from other solid waste. Recyclable materials shall be placed at the curbside or at a site designated by the Borough. Recyclable materials shall be prepared for collection according to the within, regulations and shall be placed in containers provided by the Borough. Each owner of a residential establishment shall be notified by mail of any changes in the recycling program. Owners of rental units are responsible to provide copies of the notice to their tenants.
It shall be the privilege of the collector to reject improperly prepared recyclable materials at any establishment, and it shall be the responsibility of the owner or occupants to correct the problem before the recyclable material will be collected.
It shall be the privilege of the authorized collector or collector to refuse to collect municipal waste in which recyclable materials are included. It shall be the responsibility of the owner or occupants to correct the problem before the municipal waste is collected.
An owner, landlord, or agent of the owner or landlord, of multifamily housing shall comply with the recycling program by establishing a collection program for the tenants at each property. The collection system shall include suitable containers for sorting and collection of recyclable materials. The containers shall be placed in easily accessible locations, and written instructions shall be provided to the tenants concerning use and availability of the collection system.
Owners, landlords, or agents of multifamily establishments who are in compliance with this chapter shall not be liable for noncompliance by the occupants of their property with regard to recycling.
If changes in the collection program are made, a description of the changes shall be given to each resident or occupant.
The authorized collector shall submit to the Borough an annual report by no later than January 31 of each year reporting the tonnage of recyclable materials collected.
The Borough shall endeavor to provide collection containers for commingled recyclables in close proximity to each public waste receptacle. Each container shall be clearly marked for commingled recyclables.
Commercial, institutional, industrial and municipal establishments and community activities shall handle all recyclable materials in accordance with the provisions of this chapter. Commercial, institutional, industrial and municipal establishments with four or more occupants shall follow the same procedure as described for multifamily housing in Subsection D, above.
The authorized collector and collectors shall establish a regular collection schedule for recyclable materials in the Borough and 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 shall be made.
The following materials shall be separated for collection and recycling by all properties within the Borough:
All recyclables, including all Act 101 recyclable materials such as office paper, newsprint, aluminum cans, corrugated cardboard, bi-metal or steel containers, No. 1 and 2 plastic containers.
The aforementioned designations may be added to or deleted from, due to market, fluctuations, as deemed necessary by the Borough. Notice of such additions or deletions will be provided to residents.
All residential establishments shall be issued one recycling container from the Borough for storage and collection of recyclable materials. Owners of multifamily housing properties shall provide recycling containers for each individual unit. If requested by the owner, landlord or agent of the owner of any multifamily housing properties, one container, as described below, shall be issued by the Borough for each individual unit.
Containers shall be provided free of charge. All new residential units established within the Borough after the start of the recycling program shall be issued one container per unit, free of charge.
All containers shall be numbered and recorded by street address at the time of initial distribution and shall remain the property of the Borough of Slippery Rock. The recycling containers may not be altered.
The recycling containers used by the Borough are blue, ninety-five-gallon-capacity containers and are clearly marked.
Residential properties. Occupants or owners of all residential properties shall place the container with recyclable materials at the curbside on the same day as their normal garbage pickup, on a biweekly (every other week) basis.
Multifamily housing properties. Owners, landlords or agents of each multifamily housing property within the Borough shall be responsible for establishing a collection system for the designated recyclable materials from each residential unit. Collection of such materials shall occur once every two weeks.
Commercial, institutional and municipal establishments. The owner, landlord or agent of each commercial, institutional and municipal establishment within the Borough shall be responsible for establishing a separation, storage and collection system for the designated recyclable materials generated at such establishments. Collection of such materials shall be provided as often as necessary. Residential units located above commercial establishments shall be considered commercial establishments for purposes of this chapter.
A continuing comprehensive public education program involving solid waste management, waste reduction and reuse and recycling of resources within the Borough will be organized as part of the recycling/solid waste management program. Education materials and information may be presented or made available through public meetings, handouts, mailings, the local media, etc.
The Borough Council is authorized by this chapter to enact reasonable fees, rules and regulations for the operation and enforcement of this chapter, including, but not limited to:
Designating recyclable materials to be separated by residential, multifamily, commercial, industrial or 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 fees to cover the Borough's administrative costs of the municipal waste and recyclable materials collection program.
Approving vacancy applications/submissions.
Establishing procedures for the monitoring, management and enforcement of the provisions of this chapter.
The collection of municipal waste and recyclable materials in the Borough shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the Borough Council by resolution; provided, however, that such rules and regulations shall not be contrary to the provisions of this chapter or applicable law.
It shall be unlawful for any person to accumulate upon any public or private property within the Borough any garbage, rubbish, bulky items, municipal or solid waste except in accordance with the provisions of this chapter and any Pennsylvania Department of Environmental Protection rules and regulations adopted pursuant to Act 97 of 1980 or Act 101.
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
It shall be unlawful for any person to burn solid waste or compostable organic material except as provided by Chapter 121, Burning, Open, as amended, or other applicable law of the Commonwealth of Pennsylvania.
It shall be unlawful for any person to use, maintain or operate an open dump. The owners of property on which an open dump exists shall be responsible for the cleanup of the area.
The owner(s) of property on which an open dump is found to exist shall be issued an official written notice of noncompliance by certified mail from the Code Enforcement Officer. The owner(s) shall have three calendar weeks, beginning with the day the notice is received, to submit a plan for elimination of the dump.
If not acceptable, the plan shall be addressed and amended by Council at a regular public meeting. This amended plan shall be carried out by the owner(s) without delay.
It shall be unlawful for any person to dispose of yard waste by depositing it on public property or on private property without the written permission of the property owner.
It shall be unlawful for any person to dispose of solid waste or recyclable materials in any method except those specified in this chapter.
Separation of recyclables and solid waste. It shall be a violation for any person to place solid waste with recyclables to be collected and to place recyclable materials with solid waste to be collected.
In the event of a violation of the provisions of this chapter or of related regulations or procedures, the Code Enforcement Officer shall issue an official written warning of noncompliance for the first offense. Corrective measures must be commenced and completed within 15 calendar days, beginning with the day the warning is received, unless otherwise specified in the ordinances, regulations, or procedures.
If corrective measures are not undertaken within the time period specified, or if the violation constitutes a repeat offense, the second or subsequent time that the same individual has been notified of a violation of the same rule or regulation, a citation will be filed in the Magisterial District Court.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall constitute a separate offense.
In support of Act 101, in the long-term interest of the environment, the Borough of Slippery Rock will purchase necessary paper products of all kinds with recyclable fiber content, rather than paper made directly from raw materials. This is with the understanding that the cost of the recycled products does not exceed by more than 5% the cost of nonrecycled products of similar quality which have been purchased previously.
Editor's Note: See 53 P.S. 4000.101 et seq.
These regulations may be amended by ordinance at a regularly scheduled public meeting. Notice of these regulations and any amendments to such regulations shall be published in a newspaper of general circulation within the Borough.