[Ord. 210, 12/19/2011]
This Part shall be known and referred to as the "Municipal Waste
Management Ordinance of the Borough of Honey Brook."
[Ord. 210, 12/19/2011]
Any capitalized term, if not defined in this Part, shall have
the meaning as from time to time set forth in the CCSWMA Management
Plan, the Chester County Solid Waste Plan and the Rules and Regulations
which are incorporated into this chapter by reference. In addition,
as used in this Part, the following terms shall have the following
meanings:
The Solid Waste Management Act, Act of July 7, 1980, P.S.
380, No. 97, as now or hereafter amended, 35 P.S. § 6018.101
et seq.
The Municipal Waste Planning, Recycling and Waste Reduction
Act, Act of July 28, 1988, P.L. 556, No. 101, as now or hereafter
amended, 53 P.S. § 4000.101 et seq.
All food and beverage cans made of the light-in-weight, ductile
and malleable metallic substance or element commonly known as "aluminum."
This description shall exclude aluminum foil, trays, plates and miscellaneous
aluminum products unless permitted pursuant to the Borough's policies
and procedures.
Borough of Honey Brook.
A portion of regulated municipal waste consisting of items
that are too bulky to be placed in an approved container, such as
white goods, sofas and other furniture, which may require special
handling due to size, shape or weight.
The Chester County Solid Waste Management Authority, a municipal
authority organized and existing under the Municipality Authorities
Act, as amended.
Any facility owned or operated by or on behalf of CCSWMA.
Consists only of clear food and beverage containers made
of colorless glass.
Consists of green, brown and blue food and beverage containers
made of glass. The collection of specific types of colored glass shall
be determined by the Borough's Policies and Procedures.
Designated recyclable materials which have been segregated
from regulated municipal waste, but have not been separated into different
types of recyclable materials and which have been placed in a recycling
container for the purpose of collection.
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 100 or more individuals
per day.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
The person(s) providing municipal contract waste and designated
recyclable materials collection services under the Borough contract(s).
A portion of municipal waste resulting from the construction
or demolition of buildings and other structures, including wood, plaster,
drywall and wallboard, metals, asphaltic substances, bricks, block,
and unsegregated concrete. The term also includes street sweepings
and nonfriable asbestos waste. The term does not include the following
if they are separated from other waste and used as clean fill:
Unbleached, unwaxed kraft paper that is formed into layers
with a fluted medium and manufactured into shipping boxes and related
products.
The County of Chester, Pennsylvania.
The correct location for the placement of refuse containers
and recycling containers for the purpose of collection by the contractor(s)
under the Borough contract(s), and by permitted collectors at residential
units, multifamily units and nonresidential units, which shall be
adjacent to the residential unit and no more than five feet from the
public street used by collection vehicles.
A person with an agreement for on-site collection of solid
waste generated by such person or within a residential unit, multifamily
unit or nonresidential unit occupied by such person.
Those source-separated recyclable materials designated in § 20-107 of this Part as such materials may be modified from time to time pursuant to the municipality's Policies and Procedures.
A large container with a secure lid used for the temporary
storage of solid waste materials that can be emptied into refuse trucks
for removal of the contents. These containers are usually sized from
one cubic yard to less than 10 cubic yards. All dumpsters shall have
a secure cover which shall remain closed and secured at all times
when waste materials are located within the container.
Any person, other than a residential unit, who generates
municipal waste and requests and receives approval from the Borough
to use the collection services provided under the municipal contract.
The decision to approve a person other than a residential unit to
use the Borough collection services shall be at the sole discretion
of the Borough.
A protective six-foot high solid fence area with a latched
gate to house a dumpster.
Any contract for the storage, collection, transportation,
processing or disposal of regulated municipal waste or designated
recyclable materials generated or located within the Borough which
was legally entered into prior to the effective date of this Part
and when entered into was legally enforceable.
Refuse containers which are in excess of the number of refuse
containers per collection site limit in the borough contract.
The Lanchester Landfill or any specific site designated by
CCSWMA (or approved by CCSWMA) in lieu of Lanchester Landfill or any
specific place approved by the Borough to which source-separated recyclable
materials or any portion of source-separated recyclable materials
may or must be delivered.
A tract of land containing 10 or more acres which is used
for agricultural purposes, which agricultural activities provide the
major and primary source of income to the residents of the tract.
Kitchen or household refuse.
A person who produces or creates any solid waste.
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 a combination of these
factors, which because of its quantity, concentration, or physical,
chemical or infectious characteristics may:
The term does not include coal refuse as defined in the Coal
Refuse Disposal Control Act (52 P.S. §§ 30.51 through
30.62); treatment sludges from coal mine drainage treatment plants,
disposal of which is being carried on under and in compliance with
a valid permit issued under the Clean Streams Law (35 P.S. § 691.1);
solid or dissolved material in domestic sewage; solid dissolved materials
in irrigation return flows; industrial discharges which are point
sources subject to permits under Section 402 of the Federal Water
Pollution Control Act (33 U.S.C.A. § 1342); or source, special
nuclear, or by-product material as defined by the Atomic Energy Act
of 1954 (43 U.S.C.A. §§ 2011 through 2394).
Desktop-generated paper limited to white ledger, copy paper,
and computer printout (CPO).
A portion of municipal waste that would be considered hazardous
under Act 97 but for the fact that it is produced in quantities smaller
than those regulated as hazardous waste under Act 97 and is generated
by persons not otherwise covered as hazardous waste generators by
Act 97. Household hazardous waste includes the following materials
and other materials of a similar nature:
Antifreeze;
Batteries;
Chlorinated hydrocarbons;
Fluorescent light bulbs and other mercury-containing devices;
Gasoline and kerosene;
Grease and rust solvents;
Oven, toilet and drain cleaners;
Rust preventatives, stain and wood preservatives;
Pesticides, fungicides, herbicides, insecticides, rodenticides,
roach and ant killers;
Photographic and pool chemicals;
Thinners, solvents and furniture strippers;
Transmission and brake fluids;
Used motor oil or other hydrocarbon-based lubricants;
Wood, metal, rug and upholstery cleaners and polishes.
Nonmanufacturing waste coming from the lunchroom, bathroom
or office.
A form supplied by CCSWMA or applicable facility to be completed
and signed by each person who collects or transports solid waste or
source-separated recyclable materials and which specifies, inter alia,
the source, type, quantity and delivery point for the solid waste
or source-separated recyclable materials, the applicable license number
and other pertinent information. In the event such a form is not made
available by CCSWMA, a receipt from CCSWMA or other applicable facility
containing the foregoing information shall be considered a manifest.
Corrugated cardboard, paper bags, magazines, all paper mail,
phone books, home office and school paper, paperback books, paper
egg cartons, clean pizza boxes and box board (such as cereal, cake
and cracker boxes).
A dwelling unit within a multifamily building containing
four or fewer dwelling units.
The agreement between the Borough and a permitted collector
under which collection services are to be provided to residential
units for municipal contract waste and/or for designated recyclable
materials.
Those portions of regulated municipal waste which are to
be collected and disposed of under the municipal contract.
An owner or occupant of each residential unit for the collection
of designated recyclable materials under the municipal contract and
any residential unit or eligible commercial establishment electing
to receive the collection services for municipal contract waste.
Honey Brook Borough.
The rules and regulations adopted and revised from time to
time by the Borough which govern and pertain to the Borough's recycling
program and the on-site collection or storage of regulated municipal
waste within the Borough.
Paper that has been used for the production of daily, weekend
and special edition publications commonly known as "newspapers."
All commercial, municipal and institutional establishments,
all community activities, and all farms, excluding residential units
and multifamily units.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
An owner or occupant of a residential unit electing not to
receive collection services under the municipal contract and that
independently contracts with a permitted collector for the collection
of regulated municipal waste.
A person who has registered with the Borough and is in possession
of all pertinent permits and licenses which may be required by the
Commonwealth of Pennsylvania and CCSWMA or other applicable facility,
if required for the off-site collection, transportation, storage or
disposal of solid waste or recyclable materials.
Any individual, firm, partnership, corporation, association,
institution, cooperative enterprise, Borough, municipal authority,
governmental entity or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Recyclable plastics are identified on the bottom of the container
and consist of seven types of containers, namely, No. 1 PETE (such
as soda bottles); and No. 2 HDPE (such as milk, spring water, and
detergent bottles); No. 3 PVC (such as window cleaner and detergent
bottles); No. 4 LDPE (such as reusable drink and food containers);
No. 5 PP (such as take-out containers and reusable food and drink
containers); No. 6 PS with the exception of Styrofoam; and No. 7 Miscellaneous.
Plastic bags are not acceptable recyclable plastic materials.
A portion of municipal waste consisting of organic waste
materials which, due to biological decomposition, are or have a tendency
to be rotten, foul, or odorous, including dead animals and spoiled
foods, but not including sludge.
Any material which would be regulated municipal waste but
for source separation and which will be processed into raw materials
or products which are beneficially reused. Notwithstanding the exclusion
of any material under this Part as recyclable, items may be added
as recyclable materials via the Borough's Policies and Procedures
as markets become available.
The separation, collection, recovery and sale or reuse of
metals, glass, paper, yard waste, plastics and other materials which
would otherwise be disposed of or processed as solid waste, or the
mechanized separation and treatment of solid waste and creation and
recovery of reusable materials or energy.
For residential units, the term "recycling container" shall
refer to the container supplied by the contractor or the Borough.
For the multifamily units and nonresidential units, the term "recycling
container" shall refer to a receptacle that is constructed of plastic,
metal or fiberglass and has handles of adequate strength for lifting.
That portion of regulated municipal waste except:
For those persons participating in the Borough municipal refuse
collection system, the term "refuse container" shall mean:
For those persons not participating in the Borough municipal
refuse collection system, the term "refuse container" shall mean a
receptacle which is constructed of plastic, metal, or fiberglass,
having handles of adequate strength for lifting and having a tight-fitting
lid capable of preventing entrance into the container by vectors,
or a polyethylene bag which is specifically designed for storage and
collection, or a dumpster, is protected against animal damage and
overloading so as to prevent littering or attraction of insects or
rodents, and has a holding strength capable of withstanding normal
stresses until it is collected. With respect to residential units,
the weight of a refuse container and its contents shall not exceed
such weight and capacity as approved by the municipality from time
to time.
Any solid waste generated or collected within the Borough
which is 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 waste" or "hazardous
waste" from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include designated recyclable materials
or unacceptable waste.
Any single-family detached, semidetached or townhouse dwelling,
or a dwelling unit within a multifamily building containing four or
fewer dwelling units, excluding farms. When used in this Part or the
Borough's Policies and Procedures, the term "residential unit" shall
also refer to any multifamily unit or nonresidential unit (eligible
commercial establishment) that requests and receives approval from
the Borough to use the collection services provided under the municipal
contract(s).
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 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 does
not include coal refuse as defined in the Coal Refuse Disposal Control
Act or treatment sludges from coal mine drainage treatment plants,
disposal of which is being carried on under and in compliance with
a valid permit issued under the Clean Streams Law.
A large container for the temporary storage of municipal,
construction or demolition waste that is usually delivered to a site
by means of a flatbed truck, placed on the site through mechanical
means, and removed from the site through the same means. These containers
usually range in size from 10 feet to 40 feet.
The removal of designated recyclable materials in violation of § 20-113 of this Part.
A system where recyclable materials, commonly fibers and
glass, metal and plastic containers, are collected and processed together.
Sewage sludge.
Any waste, including but not limited to municipal, residual,
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
The process of separating or the separation of designated
recyclable materials from other solid waste at the location where
generated for the purpose of recycling.
The ferrous metal food or beverage containers commonly known
as "tin cans."
Any pneumatic rubber automobile, truck, or farm implement
tire.
The following types of solid waste are unacceptable waste
unless approved by CCSWMA or an applicable facility on a case-by-case
basis:
Ammunition;
Appliances; (however, appliances are permitted bulk items);
Containers of free liquids of a gallon or larger;
Explosives and ordnance materials;
Appliances containing freon;
Gas cylinders;
Infectious/medical waste;
Latex paint (water-based);
Lead acid batteries;
PCBs;
Pressurized CFCs and HCFCs;
Hazardous waste;
Leaf waste (however, leaf waste is permitted insofar as it is
a part of yard waste);
Radioactive waste;
Tires;
Unidentified waste;
Used motor oil; and
White goods (however, white goods are permitted bulk items).
A portion of regulated municipal waste consisting of large
appliances, including the following: clothes washers, clothes dryers,
dishwashers, freezers, refrigerators, stoves, ovens, hot-water heaters,
air conditioners, dehumidifiers, furnaces, and electrical heaters.
All garden residues, leaves, shrubbery, tree trimmings smaller
than four inches in diameter, grass clippings and similar material.
[Ord. 210, 12/19/2011]
All persons within the Borough shall source separate designated
recyclable materials generated by such person or generated within
a residential unit, multifamily unit or nonresidential unit occupied
by such person.
[Ord. 210, 12/19/2011]
Each person who owns a residential unit, multifamily unit or
nonresidential unit within the Borough shall ensure that regulated
municipal waste and designated recyclable materials generated at such
residential unit, multifamily unit or nonresidential unit are collected
and disposed of in accordance with this Part, the Borough's Policies
and Procedures, and CCSWMA Rules and Regulations.
[Ord. 210, 12/19/2011]
1.Â
Designated recyclable materials. Collection services for designated
recyclable materials shall be provided to all residential units by
the contractor or permitted contractor.
2.Â
Regulated municipal waste. Each person who owns or occupies a residential
unit may elect to receive proper collection and disposal services
by either electing to participate as a municipal customer in the Borough's
collection services program provided by the contractor, utilizing
a permitted collector, or transporting such waste to a facility him
or herself.
3.Â
Each person who owns or occupies a residential unit shall prepare
designated recyclable materials and regulated municipal waste for
collection in accordance with this Part and the Borough's Policies
and Procedures. Refuse containers meeting Borough requirements shall
be placed at curbside in a manner such that said refuse container
shall not spill, tip, or otherwise deposit refuse on the street or
ground. Municipal customers shall insure proper on-site collection
and disposal of regulated municipal waste that is not municipal contract
waste by either delivering such materials to a facility him or herself
or utilizing a permitted collector to collect and deliver such materials
to a facility.
[Ord. 210, 12/19/2011]
1.Â
Each person who owns or occupies a multifamily unit within a building
containing four or more residential units or a nonresidential unit
shall provide proper on-site collection and disposal for regulated
municipal waste and designated recyclable materials by utilizing an
adequately sized dumpster for regulated municipal waste and a recycling
container for designated recyclable materials in compliance with Borough
requirements and a permitted collector to collect and deliver such
materials to a facility. In the event that the dumpster being utilized
is deemed insufficient in size, Borough Council, at its sole discretion,
may require that the existing dumpster be replaced with a larger sized
dumpster or multiple smaller sized dumpsters. The Borough Council
may approve an alternative method of storage for regulated municipal
waste in the event it is demonstrated that it is not possible to utilize
a dumpster on-site. With respect to municipal contract waste and designated
recyclable materials, a person who owns a multifamily unit containing
more than four residential units or nonresidential unit may request
Borough approval to receive the services under the municipal contract.
The Borough shall determine whether to approve such request at its
sole discretion.
[Amended by Ord. 218, 10/21/2013; and by Ord. No. 255-2021, 10/4/2021]
2.Â
Each person who owns or occupies a multifamily unit or nonresidential
unit approved to receive services under the municipal contract shall
comply with the Borough's Policies and Procedures established for
residential units and, notwithstanding the provisions of § 20-107B
and C of this Part, shall source separate the recyclable materials
designated in § 20-107A.
3.Â
Each person who owns a multifamily unit or nonresidential unit that
does not receive services under the municipal contract shall:
A.Â
Provide recycling containers at easily accessible locations for source
separation of designated recyclable materials;
B.Â
Provide written instructions to all persons occupying each multifamily
unit and nonresidential unit to ensure that all designated recyclable
materials are source separated; and
C.Â
Provide collection of source-separated designated recyclable materials
at a frequency of at least once per month.
[Ord. 210, 12/19/2011]
1.Â
Each person who owns or occupies a residential unit shall source
separate the following recyclable materials: mixed paper; clear glass;
colored glass; aluminum; metal food and beverage cans; empty metal
aerosol containers; plastic (No. 1 through No. 7, except for styrofoam
and plastic bags); newsprint; yard waste; bulk items and white goods.
2.Â
Each person who owns or occupies a multifamily unit shall source
separate the following recyclable materials: mixed paper; clear glass;
colored glass; aluminum; metal food and beverage cans; empty metal
aerosol containers; plastic (No. 1 through No. 7, except for styrofoam
and plastic bags); newsprint; yard waste; bulk items and white goods.
3.Â
Each person who owns or occupies a nonresidential unit or a residential
unit within a building containing five or more residential units shall
source separate the following recyclable materials: mixed paper; high-grade
office paper; clear glass; colored glass; aluminum; metal food and
beverage cans; empty metal aerosol containers; plastic (No. 1 through
No. 7, except for styrofoam and plastic bags); newsprint; yard waste;
bulk items and white goods.
[Ord. 210, 12/19/2011]
1.Â
All persons who own or occupy residential units, multifamily units,
including buildings containing five or more residential units or nonresidential
units, shall comply with the following requirements:
A.Â
No regulated municipal waste container or designated recyclable container
materials shall be placed at curbside for collection before 6:00 p.m.
of the day prior to the scheduled time for collection. Refuse and
recycling containers must be removed from curbside by dusk of the
scheduled day of collection. No regulated waste container shall be
inconsistent with Borough requirements.
B.Â
Regulated municipal waste containers or designated recyclable containers
or materials from residential units shall not be stored at curbside
or in the front of the property prior to collection. Regulated municipal
waste or designated recyclable materials shall be stored in containers
which shall prohibit the contents from being scattered by wind and
rain and shall prohibit accessibility by rodents or other vermin or
unauthorized person.
C.Â
Regulated municipal waste and designated recyclable materials from
multifamily units and nonresidential units may be placed in bulk containers
of suitable size, shape and material so as to prohibit the contents
from being scattered by wind and rain and shall prohibit accessibility
by rodents or other vermin or unauthorized persons.
D.Â
All dumpsters shall be located in enclosed areas. Enclosed area will
be a solid six-foot fence with a latched gate to prohibit the contents
from being scattered by wind and rain and shall prohibit accessibility
by rodents or other vermin or unauthorized persons.
2.Â
All permitted collectors and the contractor shall insure that collection
of regulated municipal waste and designated recyclable materials shall
comply with the following requirements:
A.Â
Regulated municipal waste and designated recyclable materials shall
be collected on the same day from residential units, unless otherwise
authorized by the Borough, and collection shall be made a minimum
of once a week.
B.Â
On-site collection from residential units shall occur on weekdays
during hours established by the Borough. Notwithstanding the foregoing,
Saturday collection will be permitted if a holiday has occurred within
a week of the holiday, unless otherwise authorized by the Borough.
Sunday collections are not permitted. Nonmunicipal permitted collectors
shall not collect recyclables and trash on the same day as the municipal
contractor. The municipal contractor shall not pick up regulated municipal
waste or recycling for nonparticipants in the municipal program on
the same day as collection of participating residents.
C.Â
No regulated municipal waste or designated recyclable materials shall
be blown, scattered or deposited upon the ground in the process of
collection.
[Ord. 210, 12/19/2011]
All persons who collect on-site, store, process or dispose of
regulated municipal waste or designated recyclable materials within
the Borough shall register with the Borough annually and shall demonstrate,
if so required by the Borough, that:
A.Â
A valid license or other evidence of approval, such as a permit sticker,
has been issued by CCSWMA to the applicant.
B.Â
The applicant's operation is in conformity in all respects with the
rules and regulations of the Pennsylvania Department of Environmental
Protection (PADEP), CCSWMA, and all Borough ordinances and the Borough
Policies and Procedures.
C.Â
Regulated municipal waste and designated recyclable materials shall
be suitably enclosed or covered in all vehicles to be used so as to
prevent roadside littering, attraction of vectors, or the creation
of other nuisances.
D.Â
All disposal of regulated municipal waste other than designated recyclable
materials shall be at a facility.
E.Â
All designated recyclable materials shall be recycled and shall not
be disposed of as regulated municipal waste.
F.Â
Insurance shall be obtained for the applicant's proposed operation
in the Borough. A certificate of insurance demonstrating limits as
follows:
(1)Â
General liability: bodily injury, $500,000 for bodily injury
and property damage per occurrence with an aggregate limit of $1,000,000.
(2)Â
Automotive liability insurance for bodily injury and property
damage in the amount of $500,000.
(3)Â
Umbrella excess liability coverage in the amount of $1,000,000.
(4)Â
Worker's compensation: as required by law.
G.Â
All equipment to be used has been properly licensed and inspected,
and all operators have valid operators' licenses for the class of
vehicle operated.
[Ord. 210, 12/19/2011]
1.Â
With respect to municipal contract waste and designated recyclable
materials generated by municipal customers, no person other than the
contractor shall collect, store, process or dispose of such municipal
contract waste. With respect to regulated municipal waste other than
municipal contract waste which is generated by municipal customers
and regulated municipal waste which is generated by other customers,
multifamily units or nonresidential units, no person other than a
permitted collector shall collect, store, process or dispose of such
waste. Notwithstanding the foregoing, municipal customers who generate
waste other than municipal contract waste and other customers may
deliver regulated municipal waste or designated recyclable materials
generated by the municipal customer or other customer directly to
a CCSWMA facility.
2.Â
No person who generates, owns or possesses designated recyclable
materials or regulated municipal waste shall, by municipal contract
for collection services or otherwise, cause, permit or assist in the
on-site collection, storage, processing or disposal of such waste
by any person other than:
A.Â
The contractor with respect to municipal contract waste or designated
recyclable materials generated by municipal customers; and
B.Â
A permitted collector with respect to regulated municipal waste other
than municipal contract waste generated by municipal customers, and
regulated municipal waste or designated recyclable materials generated
by other customers, multifamily units and nonresidential units.
3.Â
Notwithstanding the provisions of §§ 20-106, Subsections 2 and 3, and 20-110, Subsections 1 and 2, above, any person who owns or occupies a residential unit or a farm may request from the elected body of the Borough approval to deliver to a CCSWMA facility the regulated municipal waste which was generated at such person's residence or farm. Approval of any such request for an exception to the requirement of using a permitted collector shall be within the sole discretion of the Borough and in any event shall not be granted absent firm proof by such person that such regulated municipal waste shall be delivered in a manner that is safe, sanitary and environmentally sound. In addition, copies of the CCSWMA manifests evidencing delivery of the regulated municipal waste shall be delivered monthly to the Borough no later than the 15th day of the month following the month in which the regulated municipal waste was delivered.
4.Â
The contractor and each permitted collector that collects on-site
regulated municipal waste and designated recyclable materials generated
in any residential unit, multifamily unit or nonresidential unit shall
complete monthly CCSWMA manifests, reporting the amount of regulated
municipal waste and designated recyclable materials collected in the
Borough. The original manifests shall be provided monthly to the CCSWMA,
with a copy to the Borough, no later than the 15th day of the month
following the month in which the regulated municipal waste was collected.
5.Â
Each permitted collector who provides regularly scheduled service
for the on-site collection of regulated municipal waste from any residential
unit, multifamily units and nonresidential units shall also collect
on-site designated recyclable materials from such residential unit,
multifamily unit and nonresidential unit. Each such permitted collector
shall establish and shall notify each residential unit, multifamily
unit and nonresidential unit of procedures and collection schedules
for the source separation, segregation and packaging of regulated
municipal waste and designated recyclable materials.
6.Â
Recycling containers for residential units, multifamily units or
nonresidential units shall be provided by the contractor or permitted
collector that shall retain title to all such recycling containers.
The contractor and/or the Borough shall distribute recycling containers
to all residential unit customers in accordance with guidelines established
by the Borough. Collection at residential units shall permit commingling
of all aluminum, clear glass, colored glass, steel cans, and plastics
in a single recycling container. The contractor/Borough shall schedule
collections for yard waste, bulk items and white goods at least once
annually and shall give each residential unit at least 30 days' advance
notice of the schedule for such collections. Mixed paper shall either
be bagged or bundled in accordance with instructions.
7.Â
Each permitted collector shall give written notice to each customer,
multifamily unit and nonresidential unit of such permitted collector's
obligations under this Part and particularly the requirement to offer
on-site collection services for designated recyclable materials.
8.Â
No permitted collector or the contractor who collects on-site or disposes of designated recyclable materials or regulated municipal waste shall, by contract for such services or otherwise, cause, permit or assist in the storage, collection, processing or disposal of designated recyclable materials in a manner which treats such materials as regulated municipal waste, or which is otherwise inconsistent with source separation or recycling. If permitted by CCSWMA, any delivery of designated recyclable materials to a CCSWMA facility in accordance with the CCSWMA Rules and Regulations shall be deemed to satisfy the requirements of this § 20-110, Subsection 8.
9.Â
All regulated municipal waste and designated recyclable materials
generated or collected in the Borough shall be delivered directly
to a facility in accordance with the CCSWMA Rules and Regulations
or a location approved in advance by the Borough without any intervening
transfer, unloading, processing, sorting, salvaging, scavenging, or
reuse of any portion of any load of such regulated municipal waste
and designated recyclable materials from the time of its collection
until the time of its delivery to the facility or approved location.
[Ord. 210, 12/19/2011]
1.Â
No person shall store, process or dispose of any regulated municipal
waste or designated recyclable materials except at a facility. Notwithstanding
the foregoing, yard waste may be composted to the extent and in the
manner provided in the Borough's Policies and Procedures upon the
property on which the yard waste was generated. No such yard waste
shall be permitted to be deposited onto streets or alleys of the Borough
or onto any adjacent properties, and any such illegal activity shall
be subject to the enforcement and penalty provisions of this chapter.
[Amended by Ord. 242, 11/6/2017]
2.Â
No person shall engage in open burning of any materials except as
follows:
A.Â
A fire set to prevent or abate a fire hazard when approved by the
PADEP regional office and set by or under supervision of a public
officer pursuant to a valid permit.
B.Â
A fire set for the purpose of instructing personnel in firefighting
when approved by the PADEP regional office.
C.Â
A fire set for the prevention and control of disease or pests, when
approved by the PADEP.
D.Â
A fire set for the purpose of burning, clearing and grubbing waste
within an air basin, provided that an air curtain destructor is used
and such use is approved by the PADEP regional office.
E.Â
A fire set in conjunction with the production of agricultural commodities
in their unmanufactured state on the premises of a farm operation
pursuant to a permit issued by the Borough fire official.
F.Â
A fire set solely for cooking food.
G.Â
A fire set solely for recreational or ceremonial purposes pursuant
to a permit issued by the Borough fire official.
[Ord. 210, 12/19/2011, as amended by Ord. No. 252-2020, 9/8/2020]
1.Â
Fees for the collection and disposal of designated recyclable materials
and regulated municipal waste provided by the municipal contractor(s)
shall be charged to all residential units within the Borough that
are municipal customers as determined by the Borough from time to
time. All occupants of residential units within the Borough shall
be liable for said service charge. Without limiting the generality
of the foregoing, fees for collection may, at the discretion of the
Borough, be collected through the mandatory use of a Borough-approved
refuse container.
2.Â
All occupants of residential units in the Borough by virtue of the
service charge shall be entitled to receive collection of designated
recyclable materials subject to regulations and resolutions of the
Borough for collection of designated recyclable materials. The municipal
service fee shall apply regardless of whether the occupants of residential
units utilize the designated recyclable material services provided
by the Borough. The amount of the municipal service fee and the schedule
for payment of fees shall be adopted by resolution or ordinance from
time to time by the Borough. Without limiting the generality of the
foregoing, the use of Borough-approved refuse containers shall entitle
the occupants of residential units to receive recycling service as
provided in this subsection.
3.Â
The municipal service fees levied shall be collected in the same
manner as other Borough bills. In the event approved Borough refuse
containers are to be utilized as the method of fee collection by the
Borough, the refuse containers shall be paid for when obtained either
from the Borough or a Borough-approved supplier of such refuse containers.
4.Â
If any municipal service fee levied and assessed pursuant to this Part shall not be paid when due, a penalty of 10% of the amount of the service charge due and unpaid shall be added thereto and collected. Upon nonpayment, the amount owed, including the 10% penalty, shall constitute a lien upon property. The Borough shall have the right to pursue those remedies provided for in §§ 20-118, 20-120 and 20-121 below, and to file a lien against the property and the property owner of record.
[Ord. 210, 12/19/2011]
From the time of placement for collection at curbside of any
designated recyclable materials, all such designated recyclable materials
shall be the property of: the generator, the contractor or the permitted
collector who has contracted to provide on-site collection, as provided
in the municipal contract or a collection agreement, or the Borough.
It shall be a violation of this Part for any person, other than the
contractor or a permitted collector, to collect or pick up, or cause
to be collected or picked up, any such designated recyclable materials.
Each such collection shall constitute a separate and distinct offense.
[Ord. 210, 12/19/2011]
It shall be a violation of this Part for any person other than
the contractor or a permitted collector to collect or pick up, or
cause to be collected or picked up, any regulated municipal waste
within the Borough. Each such collection shall constitute a separate
and distinct offense.
[Ord. 210, 12/19/2011]
1.Â
Nothing in this Part shall be construed to impair the obligations
of any existing contract.
2.Â
No renewal or modification of any existing municipal contract, and
no new contract for the storage, on-site collection, processing or
disposal of regulated municipal waste or designated recyclable materials
shall be entered into after the effective date of this Part unless
such renewal or modification or new contract shall conform to the
requirements of this Part and the Borough's Policies and Procedures.
3.Â
In the event the Borough shall adopt a municipal service fee for the collection and disposal of designated recyclable materials and regulated municipal waste, and shall not collect such fees through the use of Borough-approved refuse bags, tags or other devices, no contract which is entered into, renewed, extended, modified or assigned after the effective date of this Part shall provide for on-site collection services to be performed for municipal contract waste or designated recyclable materials generated by any municipal customer. This provision shall not apply to the municipal contract between the Borough and the contractor. With respect to any contract which violates this § 20-115, Subsection 3, such contract shall be deemed void and the hauler that is a party to such contract shall reimburse to the applicable municipal customer any funds which have been paid for such collection services and shall not collect or attempt to collect any funds for such collection services.
[Ord. 210, 12/19/2011]
The Borough shall have the power to issue Borough Policies and
Procedures by resolution governing all matters set forth in this Part
and any other related matters as may be necessary or convenient as
determined by the Borough. The Borough's Policies and Procedures shall
be effective when issued in writing and signed by an authorized officer
of the Borough. Without limiting the generality of the foregoing,
the Borough shall have the power to establish service fees, record
and reporting requirements, and standards and procedures for the issuance,
administration and revocation of licenses, as deemed necessary, including
without limitation, application procedures, fees, standards and conditions
for licenses; the fixing of a monetary bond, with or without surety,
to secure the compliance by any permitted collector with any such
requirements, standards or procedures; and any other matters deemed
necessary or convenient by the Borough, including, but not limited
to, the modification of acceptable items of waste or recyclable materials.
In the event of suspension or revocation of any license which is issued
by the Borough, CCSWMA or PADEP, the person whose license is suspended
or revoked shall refund to each customer any prepaid fees.
[Ord. 210, 12/19/2011; as amended by Ord. 219, 12/16/2013]
1.Â
It shall be unlawful for any person to violate, or cause or permit
or assist in the violation of any provision of this Part or any provision
of the Borough's Policies and Procedures. All unlawful conduct shall
also constitute a public nuisance.
2.Â
Any police officer of the Borough; or code enforcement officer of
the Borough or assistant code enforcement officer; or zoning officer
or assistant zoning officer of the Borough shall enforce the provisions
of this Municipal Waste Management Ordinance as amended from time
to time.
[Ord. 210, 12/19/2011; as amended by Ord. 218, 10/21/2013]
Any person violating any provision of this Part or any provision
of the Borough's Policies and Procedures shall, upon conviction thereof
in a summary proceeding, be liable to pay a fine or penalty of not
more than $1,000 plus costs of prosecution or shall undergo imprisonment
for not more than 30 days. Each violation of any provision of this
Part or of any provision of the Borough's Policies and Procedures,
and each day that such a violation continues, shall constitute a separate
violation and offense.
[Ord. 210, 12/19/2011]
For purposes of the obligations established by this Part or
the Borough's Policies and Procedures, and for purposes of any fine,
penalty, imprisonment or other sanction, the terms "person," "municipal
customer," "other customer," "residential unit, "multifamily unit"
and "nonresidential unit" shall include officers, directors and partners
of any corporation or partnership or other legal entity having officers,
directors or partners; and refer to and impose joint and several liability
upon both the persons residing in or occupying any such residential,
multifamily or nonresidential units and the owner, landlord, condominium
owner's association and/or agent of an owner, landlord or condominium
owner's association of such premises.
[Ord. 210, 12/19/2011]
In addition to any other remedy provided in this chapter, the
Borough may institute proceedings to restrain any violation of, or
to require compliance with, this chapter and/or the Borough's Policies
and Procedures.
[Ord. 210, 12/19/2011]
The penalties and remedies set forth in this chapter are in
addition to, not in lieu of, any fines, penalties or remedies provided
in the Borough's Policies and Procedures. The existence or exercise
of any remedy shall not prevent the Borough from exercising any other
remedy provided under this chapter or the Borough's Policies and Procedures,
or available at law or equity including the filing of a lien for the
nonpayment of service fees.
[Ord. 210, 12/19/2011]
Chapter 20, Part 1, of the Borough Code of Ordinances entitled "Solid Waste," as amended which codified Ordinance Number 165, dated July 6, 1998, as amended, pertaining to solid waste is hereby repealed. In addition, any other Borough ordinances pertaining to regulated municipal waste or designated recyclable materials are hereby repealed to the extent of any inconsistency with this Part.
[Ord. 210, 12/19/2011]
Waste and recycling receptacles shall be kept in the rear of
the house, apartment building, storeroom, restaurant, etc. At no time
shall any vessels, receptacles or containers be placed or kept upon
the alley, street, sidewalk or public place or in front of any building,
residence or retail or wholesale establishment prior to the time provided
for collection as provided in this Part. Containers shall be accessible
to the collector when called for, and each owner or person responsible
for recycling and for garbage and/or rubbish shall provide sufficient
receptacles to contain the recycling, garbage and/or rubbish.
[Ord. 210, 12/19/2011]
It shall be unlawful for any collector, including a licensed
hauler or other hauler, of regulated municipal waste and/or designated
recyclable materials with the Borough of Honey Brook to remove any
such waste within the Borough of Honey Brook between the hours of
5:00 p.m. and 5:00 a.m. or at any time on a Sunday.
