[HISTORY: Adopted by the Borough Council
of the Borough of Crafton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-27-1991 by Ord. No. 1464]
This article shall be known and referred to
as the “Solid Waste Ordinance.”
A.
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article
shall have the meanings ascribed herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq., as amended.
[1]Poultry and livestock manure, or residual materials in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided such waste
is not a hazardous waste. The terms include the residual materials
generated in producing, harvesting, and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests,
or other agricultural lands.
Large items of solid waste including but not limited to appliances,
furniture, large auto parts, trees, branches or stumps which may require
special handling due to their size, shape, or weight, but not including
construction demolition waste, dead animals or hazardous waste or
stable matter.
[2]Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
All municipal and residual waste building materials, grubbing
waste, and rubble resulting from construction, remodeling, repair
and demolition operations on houses, commercial buildings and other
structures and pavements.
The Pennsylvania Department of Environmental Protection.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases, or vectors.
Any person, firm, copartnership, association or corporation
who has been licensed by the municipality or its designated representative
to collect, transport, and dispose of refuse for a fee as herein prescribed.
Any solid waste or combination of solid wastes, as defined
in the Act, 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.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
The Borough of Crafton, Allegheny County, Pennsylvania.
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
under Act 97 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant, or air pollution control
facility. The term does not include source-separated recyclable materials.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency, or any other
legal entity 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 technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part of all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities, and resource recovery facilities.
All solid waste materials which are discarded as useless.
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 “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 nonputrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
Those materials separated at the point of origin for the
purpose of being recycled.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate
or permit to accumulate upon any public or private property within
the municipality any garbage, rubbish, bulky waste, or any other municipal
or residual solid waste except in accordance with the provisions of
this article, any Department rules and regulations adopted pursuant
to Act 97 and the Allegheny County Health Department Rules and Regulations,
Article VIII. [1]
B.
It shall be unlawful for any person to burn any solid
waste within the municipality except in accordance with the provisions
of this article, any Department rules and regulations adopted pursuant
to Act 97 and the Allegheny County Health Department Rules and Regulations,
Article VIII.[2]
C.
It shall be unlawful for any person to dispose of
any solid waste in the municipality except in accordance with the
provisions of this article, any Department rules and regulations adopted
pursuant to Act 97 and the Allegheny County Health Department Rules
and Regulations, Article VIII.[3]
D.
It shall be unlawful for any person to haul, transport,
collect or remove any solid waste from public or private property
within the municipality without first securing a license to do so
in accordance with the provisions of this article.
E.
It shall be unlawful for any person to scavenge any
materials from any solid waste that is stored or deposited for collection
within the municipality without prior approval by the municipality.
F.
It shall be unlawful for any person to salvage or
reclaim any solid wastes within the municipality except at an approved
and permitted resource recovery facility under Act 97 and any Department
rules and regulations adopted pursuant to Act 97.
G.
It shall be unlawful for any person to throw, place
or deposit, or cause or permit to be thrown, placed or deposited any
solid waste in or upon any street, alley, sidewalk, body of water,
public or private property within the municipality except as provided
in this article.
A.
The storage of all solid waste shall be practiced
so as to prevent the attraction, harborage or breeding or insects
or rodents, and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide
a sufficient number of approved containers to store all waste materials
generated during periods between regularly scheduled collections,
and shall place and store all waste materials therein.
C.
Any person storing municipal waste for collection
shall comply with the following preparation standards:
(1)
All municipal waste shall be drained of free liquids
before being placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely
wrapped in paper, plastic or similar material or placed in properly
tied plastic bags.
(3)
All cans, bottles or other food containers should
be rinsed free of food particles and drained before being placed in
storage containers.
(4)
Garden clippings and tree trimmings shall be placed
in approved containers or shall be cut and tied securely into bundles.
Bundles shall be not more than four feet in length, not more than
two feet in diameter and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved
containers or shall be tied securely into bundles of not more than
40 pounds in weight.
(6)
When specified by the municipality or its designated
representative, special preparation and storage procedures may be
required to facilitate the collection and resource recovery of certain
waste materials.
D.
All municipal waste shall be stored in containers
approved by the municipality or its designated representative. Individual
containers and bulk containers utilized for storage of municipal waste
shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable,
watertight, rust- and corrosion-resistant material, such as plastic,
metal or fiberglass, in such a manner as to be leakproof, waterproof,
insectproof, and rodentproof.
(2)
Reusable containers for individual residences shall
have a tight-fitting cover and suitable lifting handles to facilitate
collection.
(3)
Reusable containers for individual residences shall
have a capacity of not less than 10 gallons nor more than 40 gallons,
and a loaded weight of not more than 40 pounds.
(4)
Disposable plastic bags or sacks are acceptable containers
provided the bags are designated for waste disposal. Plastic bags
shall have sufficient wall strength to maintain physical integrity
when lifted by the top, shall be securely tied at the top for collection,
and shall have a capacity of not more than 30 gallons and a loaded
weight or not more than 35 pounds.
(5)
All containers, either reusable or disposable, shall
also comply with the minimum standards established by the National
Sanitation Foundation.
E.
Any person storing municipal waste for collection
shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered
at all times. Solid waste shall not protrude or extend above the top
of the container.
(2)
Reusable containers shall be kept in a sanitary condition
at all times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected, as often as necessary, to prevent
the accumulation of liquid residues or solids on the bottom or sides
of the containers.
(3)
Containers shall be used and maintained so as to prevent
public nuisance.
(4)
Containers that do not conform to the standard of
this article or which have sharp edges, ragged edges or any other
defect that may hamper or injure collection personnel shall be promptly
replaced by the owner upon notice from the municipality or its designated
representative.
(5)
Containers shall be placed by the owner or customer
at a collection point specified by the municipality or its designated
representative no earlier than 4:00 p.m. of the day preceding the
pickup.
[Amended 2-25-2004 by Ord. No. 1558]
(6)
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times and screened from public view; however, in no case shall the containers be stored in the front yard as defined by Chapter 225, Zoning.
[Amended 2-25-2004 by Ord. No. 1558]
(7)
Bulk waste items such as furniture, automobile parts,
machinery, appliances, and tires shall be stored in a manner that
will prevent the accumulation of collection of water, the harborage
of rodents, safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily
residential units, commercial establishments, institutions and industrial
lunchroom or office waste sources is subject to the regulations and
standards set forth in this article. The type, size and placement
requirements for bulk containers shall be determined by the waste
generator and the waste hauler, and are subject to approval by the
municipality.
G.
Dumpsters, roll-off containers, large bag-type containers (Bagster®).
[Added 7-28-2014 by Ord.
No. 1626]
(1)
Permit. No dumpster, roll-off container or large bag-type container
shall be permitted to stand on or obstruct any street, alley or right-of-way
within the Borough of Crafton without first obtaining a permit. The
permit application will be available in the Borough Secretary's
office. Any fee required shall be established by Borough Council by
resolution.
(2)
Placement. The Building Inspector, as it relates to a building permit,
and/or Chief of Police shall determine if such placement interferes
with the free flow of pedestrian or vehicular traffic at the site.
(3)
Duration. A dumpster, roll-off container or bag-type container shall
be permitted to remain in place for no more than 30 consecutive days
in a calendar year. Upon demonstration of the continued need for additional
time during permitted property repair or reconstruction, the Zoning
Officer may grant one extension for a cumulative total of no more
than 90 consecutive days in a calendar year.
(4)
Violation and penalties. Any person who shall violate any provision
of this subsection shall be issued a warning upon the first violation
offense. Any person who shall violate any provision of this subsection,
after the first offense, shall, upon conviction, be sentenced to pay
a fine in the amount of $100, plus prosecution costs, for the second
offense and any offense thereafter.
(5)
Enforcement. The Ordinance Enforcement Officer and/or any Crafton
police officer is hereby authorized to act on behalf of the Borough
with respect to the enforcement of this subsection and shall have
the authority to immediately order the removal of any dumpster, roll-off
container or large bag-type containers from any site if determined
to be in violation of this subsection.
(6)
Severability. The provisions of this subsection are severable, and
if any clause, sentence, section or subsection hereof shall be adjudged
by any court or other tribunal of competent jurisdiction to be illegal,
invalid or unconstitutional, such judgment or decision shall not affect,
impair or invalidate the remainder but shall be confined in its operation
and application to the clause, sentence or subsection so rendered.
It is hereby declared that the intent of the Borough of Crafton Council
is that this subsection would have been adopted if such illegal, invalid
or unconstitutional clause, sentence, section or subsection had not
been included therein.
(7)
This subsection shall take effect in accordance with applicable law.
A.
The municipality shall provide for the collection
of all garbage, rubbish, and bulky wastes from individual residences
and multifamily residential sources with less than nine units, or
the municipality may contract with a private collector or collectors
to provide this essential residential collection service.
[Amended 2-25-2004 by Ord. No. 1558]
B.
All households and homeowners shall utilize the residential
collection service provided by the municipality.
C.
All multifamily residential sources (with more than
eight units), commercial, institutional, and industrial establishments
shall negotiate and individually contract collection service with
the municipality’s collector or any other properly licensed
waste hauler of their choice.
D.
All residential garbage and rubbish shall be collected
at least once a week. Bulky wastes shall be collected following prior
arrangement with the municipality’s collector and payment of
any required special fees.
E.
All commercial, institutional, public and industrial
lunchroom and office waste containing garbage shall be collected at
least once a week. Rubbish collection from these sources shall be
made as often as necessary to control health hazards, odors, flies,
and unsightly conditions. The municipality reserves the right to require
more frequent collection when deemed necessary.
F.
Residential collection schedules shall be published
regularly by the municipality or its contracted hauler.
G.
All solid waste collection activity shall be conducted
from Monday through Friday between the hours of 6:00 a.m. and 6:00
p.m. No collection, hauling, or transporting of solid waste shall
be permitted on Saturday or Sunday unless prior written approval is
obtained from the Borough Manager.
[Amended 2-25-2004 by Ord. No. 1558]
H.
All licensed haulers and haulers under contract with
the municipality shall comply with the following standards and regulations:
(1)
All municipal waste collected within the municipality
shall ultimately be disposed only at a landfill cited in the Allegheny
County Solid Waste Plan - 1990, or on subsequent revisions thereto.
(2)
Any trucks or other vehicles used for the collection
and transportation of municipal waste must comply with the requirements
of Act 97, and any Department regulations adopted pursuant to Act
97 and must be licensed by the Allegheny County Health Department.
(3)
All collection vehicles conveying domestic waste and
garbage shall be watertight and suitably enclosed to prevent leakage,
roadside littering, attraction of vectors, the creation of odors and
other nuisances.
(4)
Collection vehicles for rubbish and other nonputrescible
solid waste shall be capable of being enclosed or covered to prevent
roadside litter and other nuisances.
(5)
All solid waste shall be collected and transported
so as to prevent public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated
and maintained in a clean and sanitary condition.
[Amended 2-25-2004 by Ord. No. 1558]
The governing body of the municipality shall
be authorized to make funds available, in accordance with the laws
and procedures of the municipality, for the establishment, maintenance,
and operation of a municipal solid waste collection and disposal system,
or for the contracting of such service to a private collector. Annual
fee schedules (if appropriate) shall be published by the municipality
on any competitively bid residential collection service contract that
may be awarded by the municipality. The municipality initially shall
be responsible for the collection of any fees for solid waste collection
and disposal from residential customers. Licensed haulers shall be
responsible for the collection of any collection and disposal fees
from commercial, institutional, and industrial customers; provided,
however, that Council may elect the municipality’s contracted
hauler.
A.
Assessment of service fee. A service fee in an amount
not to exceed the cost and expense thereof and as determined annually
by resolution of the Council of the Borough of Crafton is hereby imposed
for each calendar year for the regulation, collection, removal and
disposal of garbage, rubbish and refuse, including but not limited
to costs incurred by the Borough to comply with the provisions of
Act 101 of 1988, known as the “Municipal Waste Planning, Recycling,
and Waste Reduction Act,”[1] and is hereby assessed and is made payable by the owner
of each single-family dwelling unit; each unit in a residential unit
of apartments or multifamily residential building complex containing
eight units or less; and each unit in a residential unit of apartments
or multifamily residential building for which the Borough provides
collection and disposal service within the municipal limits of the
Borough of Crafton under ordinance, resolution, or contract.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq., as amended.
B.
Collection by contract service; exemption from fee.
Commercial units and establishments and multiple-dwelling building
complexes required under existing ordinances of the Borough of Crafton
to comply with health and safety requirements for the collection and
disposal of garbage, trash and rubbish by contract service shall not
be required to pay the service fee herein assessed and imposed so
long as there is compliance with all applicable ordinances; provided,
however, that the collection agent herein authorized to be appointed,
or his/her agent, shall have the authority to require evidence, by
the owner of such commercial establishment or residential complex,
of compliance with applicable health ordinances by contract or otherwise.
C.
Payment schedule; discount.
(1)
The service fee and charge shall be determined and
assessed by resolution of Council on an annual basis and shall be
payable on or before March 31 of each year. In the event the service
fee is paid, in full, on or before February 28 of each year, a discount
of 5% of the annual fee shall be allowed. The service fee may be payable,
at the election of the owner, in four equal installments as follows:
(2)
Any owner that elects to make installment payments
as referenced above shall not be entitled to the discount referenced
in this section.
D.
Delinquent payment; penalty. In the event the annual service fee or a quarterly payment is not received on the due date(s) fixed in Subsection C of this section, as recited hereinabove, such fee is hereby declared to be delinquent and a penalty of 10% of the amount of the fee remaining unpaid shall be added. In the event the fee remains unpaid and is liened, the liened amount, consisting of the fee or unpaid portion thereof, together with the penalty, shall bear interest at the rate of 10% per annum. In addition, costs incurred by the Borough or its collection agent shall be imposed.
E.
Collection of delinquent fees. In the event the service
fee herein imposed and any penalty and interest remains unpaid, the
Borough of Crafton may proceed for collection by filing a municipal
claim and lien therefor against the premises served or may proceed
to collect the same by suit in assumpsit.
F.
Appointment of collection agent. To effect the collection
of the service fee herein imposed and to administer provisions of
this article, the Council shall appoint, from time to time, a collection
agent who shall serve at the will and direction of Council.
A.
All appeals shall be made in writing to the governing
body of the municipality.
B.
Pending a reversal or modification, all decisions
of the municipality shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation
issued by the municipality may appeal within 10 days after the municipality
gives notice of its intention to issue the new standard or regulation.
D.
The notice of appeal shall be served in writing and
sent by certified mail with return receipt requested. Within 20 days
after receipt of the notice of appeal, the municipality shall hold
a public hearing. Notice of the hearing shall be sent to both parties
in time to adequately prepare for the hearing. Notice shall be sent
to the parties by certified mail with return receipt requested at
the last known address in addition to publication in the local newspaper.
The municipality may petition the Court of Common
Pleas of Allegheny County for an injunction, either mandatory or prohibitive,
to enforce any of the provisions of this article.
A.
Any person, firm or corporation who violates a provision
of this article, or who fails to comply therewith, or with any of
the requirements thereof, shall be, upon conviction thereof, sentenced
to pay a fine of not less than $100 nor more than $1,000 for each
violation, plus costs, and, in default of payment of said fine and
costs, to imprisonment to the extent permitted by law for the punishment
of summary offenses.
B.
A separate offense shall arise for each day or portion
thereof in which a violation is found to exist or for each section
of this article found to have been violated. All fines and penalties
for the violation of this article shall be paid to the Borough Treasurer.
C.
The Borough may also commence appropriate actions
in equity, at law or other to prevent, restrain, correct, enjoin,
or abate violations of this article.
[Adopted 7-23-1991 by Ord. No. 1462]
The short title of this article shall be the
“Crafton Borough Recycling Ordinance,” and the same may
be cited in that manner.
The following words and phrases used throughout
this article shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, 53 P.S. § 4000.101 et seq., as amended.
Empty all-aluminum beverage or food cans.
Empty food or beverage cans consisting of steel and aluminum.
The entity or entities, which may include the Borough of
Crafton, authorized by the Borough of Crafton to collect recyclable
materials from residences, or authorized by commercial, municipal
and institutional establishments that do not receive collection services
from the Borough of Crafton to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multifamily housing properties containing more
than eight dwelling units.
Events which are sponsored by public or private agencies
or individuals, that include but are not limited to fairs, bazaars,
socials, picnics and organized sporting events attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Those materials specified, from time to time, by the rules
and regulations of the Borough of Crafton to be recycled after public
notice.
The Recycling Officer or his designee as appointed from time
to time by the Council of the Borough of Crafton.
Empty steel- or tin-coated food or beverage containers.
Empty bottles and jars made of clear, green or brown glass.
Expressly excluded are noncontainer glass, plate glass, automotive
glass, light bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but specifically excluding grass
clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever, including newspapers.
Any properties having more than eight dwelling units per
property.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of Crafton.
Any garbage, refuse, industrial lunchroom or 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 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. The 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, containing advertisements and other matters of public interest.
The Borough may adopt rules which may exclude from this definition
newspapers which have been soiled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the municipality
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclable materials may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics, and any other items selected by the municipality or specified
in future revisions to Act 101. Designated recyclable materials shall
be selected by the municipality in its rules and regulations and may
be revised, from time to time, as deemed necessary after public notice.
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.
Any occupied single-family or multifamily dwellings having
up to eight dwelling units per property for which the municipality
provides municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
The ongoing effort of the Borough of Crafton to inform the
general public concerning the requirements of this article and the
rules and regulations promulgated pursuant hereto.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
[1]
Editor's Note: See 35 P.S. § 6018.101
et seq., as amended.
A.
The Borough of Crafton hereby establishes a recycling
program for the mandatory separation and collection of recycling materials
by persons and the separation, collection and composting of leaf waste
from all residences and all commercial, municipal and institutional
establishments located in the municipality for which waste collection
is provided by the municipality or any other collector. Collection
of the recyclable materials shall be made at least once per month
by the municipality, its designated agent, or any other solid waste
collectors operating in the municipality and authorized to collect
recyclable materials from residences and from commercial, municipal
and institutional establishments. The recycling program shall also
contain a sustained public information and education program.
B.
The Council of the Borough of Crafton is empowered to make changes to program regulations as necessary, as described in § 188-18 hereof. Subsequent changes in the program regulations may be made through approval of the Council of the Borough of Crafton and public notice and notification of all affected parties.
A.
It shall be unlawful for any person to place or allow
to be placed any designated recycling material in his waste for garbage
and trash collection.
B.
It shall be unlawful for any person to dispose of
any waste in the municipality except in accordance with the provisions
of this article.
C.
It shall be presumed that any designated recycling
material found commingled with waste on the property of a person is
the property of such person if identifiable indicia of ownership is
contained therein.
A.
All persons who are residents of the Borough of Crafton
shall separate all of those recyclable materials designated, from
time to time, by the municipality from all other municipal waste produced
at their homes, apartments and other residential establishments, store
such materials for collection, and shall place same for collection
in accordance with the guidelines established hereunder.
(1)
Persons in residences must separate the designated recyclable materials from other refuse. Except as provided in §§ 188-15 and 188-16, all recyclable materials shall be placed at the curbside in a manner set forth herein or by rule for collection. Each residential unit shall provide a separate identified and marked container, not to exceed 30 gallons, with a tight lid, for use in placing recyclable materials at curbside for collection. The provisions of this subsection shall be subject to change by rule and become effective after notification. [1]
(2)
An owner, landlord, or agent of an owner or landlord
of a multifamily rental housing property with more than eight units
may comply with its recycling responsibilities by establishing a collection
system at each property. The collection system must include suitable
containers for collecting and sorting the recyclable 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 who comply
with this article shall not be liable for noncompliance of occupants
of their buildings. If recyclable materials are collected by a collector
other than the municipality or its authorized agent, the owner, landlord,
and agent of owners or landlords shall submit an annual written report
to the Borough each year, no later than January 15, reporting the
tonnage of materials recycled during the previous year.
B.
Leaves and leaf waste.[2]
(1)
All persons must separate leaves from other municipal
waste generated at their houses, apartments and other residential
establishments for collection unless those person have otherwise provided
for composting of leaves. In the event residents elect to compost
leaf waste including leaves it must be done in such a manner so as
not to create an odor or nuisance to adjacent properties.
(2)
During the months of October, November and December,
occupants of residences must rake or otherwise accumulate leaves unbagged
and unpackaged at curbside adjacent their respective properties. The
Borough shall collect said leaves from time to time.
C.
Persons must separate high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials as may be designated
by the municipality generated at commercial, municipal and institutional
establishments and from community activities and store the recyclable
materials until collection. A person may be exempted from this subsection
if that person submits written documentation to the municipality annually
indicating that the designated recyclable materials are being recycled
pursuant to the rules and regulations promulgated hereunder. If recyclable
materials are collected by a collector other than the municipality
or its authorized agent, occupants of said establishments shall submit
an annual written report to the Borough each year, no later than January
15, reporting the tonnage of materials recycled during the previous
year.
All recyclable materials placed by persons for
collection by the municipality or its authorized collector pursuant
to this article shall, from time of placement at the curb, become
the property of the municipality. Nothing contained in this article
shall be deemed to impair the ownership of separated recyclable materials
by persons unless and until such materials are placed at the curbside
for collection.
Any residence or commercial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm or corporation, whether operating for profit or not. Nothing
contained in this article shall be interpreted to impair any existing
recycling operations.
Disposal by persons of recyclable materials
with waste is prohibited and shall be a violation of this article.
The collected recyclable materials shall be taken to a recycling facility.
Disposal by collectors or operators of recycling facilities of source-separated
recyclable materials in landfills or to be burned in incinerators
is prohibited unless a prior exemption is obtained in writing from
the enforcement officer prior to the incineration or landfilling thereof.
A.
The Council, through it’s Recycling Committee,
is hereby authorized and directed to make reasonable rules and regulations
for the operation and enforcement of this article as deemed necessary,
including but not limited to:
(1)
Establishing and designating the recyclable materials
to be separated for collection and recycling by residences, and additional
recyclable materials to be separated by commercial, municipal and
institutional establishments.
(2)
Establishing collection procedures for recyclable
materials and providing for reasonable inspections thereof.
(3)
Establishing reporting procedures for amounts of materials
recycled.
(4)
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(5)
Establishing procedures and rules for the collection
of leaf waste.
(6)
Designating of person(s) to enforce the provisions
of this article.
B.
Any person, firm or corporation who shall violate
the provisions of this article shall receive a warning sticker for
the first offense. For the second offense, an official written warning
of noncompliance shall be given. Thereafter, all such violations shall
be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or
corporation who violates a provision of this article, or who fails
to comply therewith, or with any of the requirements thereof, shall
be, upon conviction thereof, sentenced to pay a fine of not less than
$100 nor more than $600 for each violation, plus costs, and, in default
of payment of said fine and costs, to imprisonment to the extent permitted
by law for the punishment of summary offenses. A separate offense
shall arise for each day or portion thereof in which a violation is
found to exist or for each section of this article found to have been
violated. All fines and penalties for the violation of this article
shall be paid to the Borough Treasurer. The Borough may also commence
appropriate actions in equity, at law or other to prevent, restrain,
correct, enjoin, or abate violations of this article.[1]
D.
The municipality reserves the right not to collect
municipal waste containing recyclable materials in combination with
nonrecyclable materials.
The municipality may enter into (an) agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable materials from curbside.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 188-18.
