This chapter shall be known as the "Bath Borough Solid Waste Management Ordinance."
For the purpose of this chapter, the following terms, phrases or words shall have the meaning ascribed to them in this section, except where the context in which the work is used clearly indicates otherwise.
ALUMINUM
Aluminum food and beverage containers which contain only nonaerosol or edible substances.
BOROUGH
The Borough of Bath, located in the County of Northampton, Pennsylvania, a Pennsylvania municipal corporation.
BUSINESS
Any person or processing activity, whether operating for profit or not, which shall include, hotels, restaurants, stores, schools, nonprofit institutions or industries, which are carrying on commercial, service, industrial, manufacturing or processing activities within the Borough.
COMMINGLED
Aluminum, bimetallic, steel, glass and plastic food and beverage containers, placed in a special recycling container for the purpose of collection without having been segregated by color or type.
COMMERCIAL ESTABLISHMENT
An establishment primarily engaged in a nonmanufacturing or nonprocessing business activity, including, but not limited to, stores, markets, offices, restaurants, shopping centers and theaters and shall also mean those facilities that house or serve groups of people such as hospitals, schools, day-care centers, congregate care facilities, personal care homes, and nursing homes.
CONTRACTOR
Any entity or organization authorized by the Borough to collect, transport and dispose of the Borough's refuse or recyclables, or both.
DWELLING
Any building, or portion thereof, designed or used primarily as the residence of one or more persons. The term "dwelling" shall not be deemed to include any motor inn, tourist home, hotel, motel, or other commercial enterprise not intended for continuous occupancy by the same inhabitants for more than 30 days.
DWELLING UNIT
One or more rooms intended to be occupied by one or more persons as a single housekeeping unit, containing sanitary facilities, kitchen facilities, and having direct access from the outside or through a common hall.
GLASS
Glass food and beverage containers commonly found in the home. It includes clear, green and brown colored containers. It excludes crystal, ceramic, light bulbs, plate, window, laminated, wired or mirrored glass.
HAULER
A person properly licensed by the Pennsylvania Department of Environmental Protection for the collection or transportation of refuse or recyclables and who owns or operates vehicles engaged in the collection or transportation of refuse or recyclables within the Borough.
HOME OCCUPATION
Any business conducted for gain within a dwelling which meets all of the criteria for "home occupation" found in Chapter 675, Zoning.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any establishment, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities engaged in service to persons.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings. In addition, the definition of leaf waste may be amended from time to time by resolution of the Bath Borough Council.
MIXED USE
Any combination of business and residential activity in a single structure, or on a single parcel.
MULTIFAMILY DWELLING
A building designed for occupancy by more than one family living independently of each other, and containing two or more dwelling units per building.
MULTIFAMILY PROPERTY
Any property having five or more dwelling units per structure.
MUNICIPAL SOLID WASTE (MSW) or MUNICIPAL WASTE or SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from the operation of residential, municipal, commercial, industrial or institutional establishments and from community activities, including any trace amounts of hazardous waste normally found in household trash, garbage, or refuse, and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[1] from a municipal, commercial, industrial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials or "leaf waste" as defined by Act 101, but shall include grass clippings for the time being.
NEWSPAPER
Types of paper made from wood pulp and other fibrous materials mixed together, either with or without chemicals, to produce products customarily and primarily used for the production of newsprint.
PERSON
Any individual, partnership, corporation, association, limited liability company, limited liability partnership, limited partnership, institution, cooperative enterprise, municipality, municipal authority, school district, school authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law. 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, and shall include partners, if the entity is a partnership in any form and members if the entity is a limited liability company.
PLASTIC
Water and milk jugs, soda bottles, laundry product containers, and other food and drink containers bearing a recyclable designation upon them.
RECYCLABLES
All newspaper, glass, plastics and all aluminum, steel and bimetallic food and beverage containers and other MSW which is specifically designated for separation and collection as reusable material.
RECYCLING COLLECTION SERVICES
Those services to be performed by the contractors as follows:
A. 
The collection of recyclable materials from locations specifically designated by Borough Council;
B. 
Processing of recyclable materials as applicable; and
C. 
Marketing of the recyclable materials.
RECYCLING CONTAINERS
A container made of rigid construction acceptable to the Borough's Recycling Collection Contractor for the collection of recyclables.
REFUSE
A. 
GARBAGEAnimal, fruit and vegetable waste resulting from the handling, preparation and cooking of foods.
B. 
ASHESThe residue from the burning of wood, coal, coke or other combustible materials.
C. 
RUBBISHAll building waste (residue resulting from building construction, reconstruction, repair or demolition, and from grading or other incidental work which must originate on site in the Borough) and all waste materials not included in the definitions hereinbefore stated, but not including sewage and industrial wastes, and not including dangerous materials or substances such as poison, acids, caustics, explosives, hazardous wastes, and infectious materials.
RIFFRAFF
Waste materials too large for collection in ordinary containers, including but not limited to discarded fixtures, stoves, pipes, tanks, household appliances, white goods, fixtures and other such items.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
STEEL AND BIMETALLIC
Steel and bimetallic food and beverage containers which contain only nonaerosol or edible substances.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.