[Adopted 9-25-1991 by Ord. No. 1020]
This rticle shall be known as the "Borough of
Milton Recycling Ordinance," and the same may be cited in that manner.
The Borough Council of the Borough of Milton,
recognizing that the reclamation of recyclable materials has become
an important method for addressing the growing solid waste disposal
problem through conservation of landfill space, preservation of natural
resources and a reduction in energy consumption, does hereby authorize
the storage, collection and transportation of recyclable materials
in accordance with the provisions of the Municipal Waste Planning,
Recycling and Waste Reduction Act (Act
As used in this article, the following terms
shall have the meanings indicated:
COLLECTOR
For the purpose of collecting and transporting recyclables,
the Borough of Milton or its authorized agent(s).
COMMERCIAL ESTABLISHMENT
Any premises engaged in retail trade or sale of goods. Expressly
included are all restaurants and taverns, all industrial or manufacturing
businesses and all types of offices.
COMMUNITY ACTIVITIES
Events that 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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
DWELLINGS
A.
MULTIFAMILY HOUSING FACILITYA building or portion thereof containing more than two dwelling units and not classified as a one- or two-family dwelling.
D.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
ENFORCEMENT OFFICER
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official's
authorized representative.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded
are plate glass, automotive glass, blue glass and porcelain and ceramic
products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Includes, but is not limited to, automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
MAGAZINES AND PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
MUNICIPAL 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 or institutional establishments and from community activities.
Also included is any sludge not meeting the definition of residual
or hazardous
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisement and other matters of public interest. Expressly
excluded are glossy advertising inserts often included with "newspapers."
OCCUPANT
Any person, including domestic service employees, living
and/or sleeping in a dwelling unit.
PERSON(S)
Any individual, partnership, municipal waste hauler, scrap
dealer, corporation, association, institution, cooperative enterprise,
municipality, municipal authority, federal government or agency, state
institution or agency or any other legal entity whatsoever which is
recognized by law as the subject of right and duties. In any provisions
of this article prescribing a fine, imprisonment, 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.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including material
listed in Section 1501 of Act 101,
Those recyclable materials separated under the
provision of this article and attached regulations shall not be considered
municipal waste and shall not be subject to provisions of those ordinances
which require disposal of municipal waste at designated facilities.
This exemption applies to recyclable materials collected by the Borough
of Milton or its agents and/or delivered to the Borough's dropoff
facility by residents and/or collectors. Likewise, the Borough, or
its designated agents, shall be exempt from all provisions of those
ordinances which require disposal of municipal waste by licensed haulers.
Recyclables separated, stored, collected or delivered in any manner
other than the approved methods listed in this article and attached
regulations, which shall be adopted by the Borough of Milton from
time to time, shall be considered municipal waste and be subject to
the provisions of the appropriate ordinance.
Immediately upon effect of this article, all
persons who reside in one- and two-family dwellings and all persons
who are responsible for administration of multifamily housing properties
or commercial, municipal and institutional establishments who gather
leaves shall separate all leaf waste from other waste and place it
for collection at the times and in the manner theretofore or hereafter
prescribed by the Borough of Milton. Nothing herein shall require
any person to gather leaf waste or prevent any person from utilizing
leaf waste for compost, mulch or other agricultural, horticultural,
silvicultural, gardening or landscape purposes.
It is understood that any recyclables located at the curbside, in dropoff sites or in storage bins associated with residential, commercial, municipal, institutional or multifamily housing establishments are the property of the Borough of Milton. It shall be a violation of this article for any person(s) to collect or remove or cause to be collected or removed any such recyclable materials specified in the Borough of Milton's regulations unless authorized by the Borough of Milton. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as outlined in §
204-11C. The Borough of Milton recognizes there may be recycling operations in existence at the time this article is adopted. All recycling operations in existence at that time may be authorized to continue to operate within the Borough of Milton, provided that the collector obtains a license and agrees to operate within the provisions of the attached regulations.
All persons in the Borough of Milton are prohibited from disposing of designated recyclables with the ordinary municipal waste or the burning of designated recyclables, which may include those items permitted to be burned under Chapter
111, Burning, Open, as amended, in incinerators. All recyclable materials collected must be taken to a recycling facility, and records must be kept by the collector to verify the same. All collectors and/or operators of the recycling program are prohibited from disposing of collected recyclables in landfills or burning said recyclables in incinerators. Notwithstanding any provision of this article, any person having ownership of recyclables may sell or donate the same to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such materials may not be placed for collection at nor collected from curbside.
The Borough of Milton shall provide for the
collection of all or part of the recyclable program and/or materials
from curbside, dropoff or other designated locations in accordance
with the attached regulations which shall be adopted by the Borough
of Milton from time to time. The Borough of Milton may enter into
agreements with any agency to collect the recyclable materials. In
any case where a person is not serviced at curbside by the Borough,
that person may contract with a private collector, provided that the
collector secures the necessary licensing in accordance with the attached
program regulations.
The Borough of Milton may assess a monthly fee
either per bag or per residential, commercial, institutional and/or
municipal unit to offset the cost of the recycling program. The monthly
fee may be determined on an annual basis in accordance with collection
fees, market rates and other variable costs associated with the program.
The monthly fee shall be designated in the attached regulations.
The responsibility for the enforcement of this
article shall be the Borough Manager's office of the Borough of Milton
or its designated agent(s).
This article shall be subject to all applicable
federal, state and local laws and ordinances as well as rules and
regulations as set forth by the Department of Environmental Resources
of the Commonwealth of Pennsylvania.
[Adopted 1-22-1992 by Ord. No. 1027]
This article shall be known as the "Borough
of Milton Municipal Solid Waste Disposal Ordinance."
It is the purpose and intent of the Borough
Council, through the enactment of this article, to promote and protect
the health, safety and welfare of the residents of the Borough by
regulating transportation and disposal of municipal solid waste generated
in the Borough.
Unless the context specifically and clearly
indicates otherwise, the meanings of the terms used in this article
shall be as follows:
BOROUGH
The Borough of Milton, Northumberland County, Pennsylvania.
BOROUGH COUNCIL
Borough Council, the Borough of Milton, Northumberland County,
Pennsylvania.
BOROUGH PERMIT
A written authorization from the Borough for the transportation
of municipal solid waste to the Borough's transfer station.
COLLECTOR
A person regularly engaged in the transportation or disposal
of municipal solid waste generated in the Borough by another person.
COMPOST
A process of controlled biological decomposition of organic
materials, producing stable, aerobic, humus-like products.
COUNTY
Lycoming County, Pennsylvania, and any of its agencies and
departments.
DISPOSAL
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 solid waste enters
the land, is emitted into the air or is discharged into the waters
of the Commonwealth of Pennsylvania.
DISPOSAL AREA
Any site, location, area, incinerator, resource recovery
facility or premises to be used for the ultimate disposal of solid
waste.
GARBAGE
Any table refuse, animal and vegetable matter, offal from
meat, fish or fowl, fruits, vegetables and parts thereof, and other
articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.
INCINERATION
The undergoing of rapid combustion of a substance in such
a manner as to give off heat, gases and usually, but not always, light.
LICENSE
A written authorization from the county for the transportation
and disposal of municipal solid waste at the county's municipal solid
waste disposal facilities.
MUNICIPAL SOLID WASTE
Any garbage, refuse, rubbish, industrial lunchroom or office
waste and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
and any sludge not included in the definition of residual or hazardous
waste in the Pennsylvania Solid Waste Management Act (35 P.S. § 6018.103)
from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal institution or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties. Whenever
the masculine pronoun is used to refer to a person it shall encompass
the feminine and neuter genders.
RECYCLABLE MATERIAL
Any substance, including but not limited to glass, paper,
plastic, metal and rubber, which may be reprocessed and made useful.
REFUSE
All matter and materials discarded or rejected by their owners
thereof as offensive or useless or which, by their presence or accumulation,
may injuriously affect the health, comfort, and safety of the residents
of the Borough and shall include but not be limited to ashes, garbage,
rubbish, litter and other discarded materials, but shall exclude human
body waste.
REGULAR
Occurring two or more times per calendar month.
RUBBISH
Any sylvan materials, plastic materials, leather, rags, grass,
straw or manure and all solid combustible matter not included in this
section under the term "garbage."
SOLID WASTE
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials. The term does not include coal ash or drill cuttings.
STORAGE
The containment of municipal solid 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 municipal solid waste in excess
of one year constitutes disposal. This presumption can be overcome
by clear and convincing evidence to the contrary.
SYLVAN MATERIALS
Any substance composed of wood, including but not limited
to leaves, brush, trees, paper, newspapers, magazines and similar
natural items.
TRANSFER STATION
An area for the storage of municipal solid waste until its
final transportation and disposal.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.
The following acts are permitted without a license:
A. Transportation and disposal by any person of municipal
solid waste generated on his land in the Borough at a site approved
and licensed by the Department of Environmental Resources of the Commonwealth
of Pennsylvania, or its successor, as a transfer station or disposal
area.
B. The use by any person of manure, compost or refuse
as fertilizer or mulch in farming or gardening in accordance with
commonly accepted agricultural or horticultural practices.
C. The burial by any person of his dead household pets
on his land.
D. The use as fill by any person of bricks, cement, clay,
concrete, gravel, loam, plaster, sand, shale, slate, stones and sylvan
materials in a safe, sanitary and nuisance-free manner and in compliance
with all applicable rules, regulations, statutes and laws of the Commonwealth
of Pennsylvania and the ordinances and resolutions of the Borough.
E. The incineration by any person of paper and other
sylvan materials on his land in a safe, sanitary and nuisance-free
manner and in compliance with all applicable rules, regulations, statutes
and laws of the Commonwealth of Pennsylvania and the ordinances and
resolutions of the Borough.
F. Storage or transportation of recyclable materials
by any charitable, civic, religious or school organization in a safe,
sanitary and nuisance-free manner and in compliance with all applicable
rules, regulations, statutes and laws of the Commonwealth of Pennsylvania
and the ordinances and resolutions of the Borough.