[Adopted 6-7-1993 by Ord.
No. 93-2 (Ch. 20, Part 1, of the 2006 codification)]
This article shall be known and may be cited as the "Borough
of Prospect Municipal Solid Waste Management and Recycling Ordinance."
The following words and phrases as used in this article shall
have the meaning ascribed to them herein, unless the context clearly
indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 1988).
ALUMINUM
Empty all-aluminum food and beverage containers, clean aluminum
foil and pie tins, aluminum siding, aluminum frames of furniture,
scrap from industrial sources and other all-aluminum materials.
AUTHORIZED COLLECTOR
A person, firm, partnership, corporation or public agency
authorized by the Borough or county to collect municipal waste from
residential, commercial, municipal and institutional establishments.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of ferrous sides
with aluminum top and bottom. A container is bimetallic if a magnet
sticks to the sides, but not the ends.
BULKY ITEMS
Large waste items including, but not limited to, appliances,
auto parts, furniture, trees and branches or stumps or other items
too large for approved reusable or disposable waste containers.
COLLECTOR
Any person, firm, partnership, corporation or public agency
authorized by the Borough to collect recyclable materials from residences
or authorized by commercial, municipal and institutional establishments
to collect recyclable materials from those properties.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or
individuals including, but not limited to, fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
CORRUGATED PAPER
Container board cartons, Kraft liner board and shipping boxes
with corrugated paper medium. This definition also includes Kraft
(brown) paper bags.
DETACHABLE CONTAINER
Any metal bin or container which may be mechanically lifted
and emptied into a collection vehicle.
GARBAGE
All animal and vegetable waste resulting from handling, preparation,
cooking or consumption of food.
GLASS CONTAINERS
Empty bottles and jars made of clear, green or brown glass.
This definition does not include noncontainer glass, window glass,
blue glass, porcelain, ceramic products and light bulbs.
HAULER
See "authorized collector."
HIGH GRADE OFFICE PAPER
Printing, writing and computer paper used in commercial,
institutional and municipal establishments as well as in residences.
This definition includes white paper, white ledger, bond paper, colored
ledger, computer printouts, computer tab cards and copy machine paper.
INDUSTRIAL ESTABLISHMENT
Facilities engaged in manufacturing or processing including,
but not limited to, factories, foundries, mills, processing plants,
refineries and mining.
INSTITUTIONAL ESTABLISHMENTS
Facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and colleges.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental
and quasi-governmental agencies.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and
other material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities;
and any sludge not meeting the definition of residual or hazardous
waste as defined by Pennsylvania Act 97.
NEWSPAPER
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. Newsprint
which has been soiled, crumpled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers may be exempted from this
definition.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
PLASTICS
Plastics such as containers for milk, food containers, household
product containers, PET soda bottles, beverage containers and other
plastic products.
RECYCLABLE MATERIALS
Materials generated by residential, commercial, municipal
and institutional establishments for which recycling markets exist
and for which there is a recycling agent. Recyclable materials may
include clear glass, colored glass, aluminum, steel and bimetallic
containers, high grade office paper, newspapers, corrugated paper,
plastics and any other item selected by the Borough or County, or
specified in amendments of Act 101.
RECYCLING
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed or processed as municipal waste.
REFUSE
All solid waste, except body waste, and including garbage,
ashes and rubbish.
RUBBISH
Glass, metal, paper, discarded furniture, building materials,
cartons and shipping containers and any and all accumulations of the
same.
SCAVENGING
Authorized or uncontrolled removal of solid waste materials
placed for collection, or removal from a solid waste processing or
disposal facility.
SOLID WASTE
Unwanted garbage, refuse and other discarded solid material,
resulting from residential, industrial, commercial and agricultural
operations and from community activities. Unwanted liquids, semisolids
and contained gaseous materials are hereby defined as solid waste.
Recyclable and reusable materials, including any compostable organic
waste, do not constitute solid waste for the purpose of this chapter.
STEEL CONTAINERS
All coated (tin, zinc, etc.) and other empty ferrous food
and beverage containers, including allowed materials. This definition
also includes ferrous and alloyed ferrous scrap materials derived
from iron and stainless steel and white goods (large appliances).
STORAGE
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such waste.
YARD WASTE
Leaves, garden residue, shrubbery and tree trimmings, grass
clippings and similar material.
All generators of municipal waste in the Borough shall contract
for the collection of disposable waste and recyclable items, as follows:
A. All residential properties shall
use an authorized collection service unless they prove to the Borough
that they have made alternative arrangements consistent with this
article.
B. All multifamily housing, commercial,
institutional and municipal establishments, and industrial establishments
with office and lunchroom wastes, shall use an authorized collection
service of their choice.
C. Collection service shall be provided
in compliance with the following standards:
(1) All residential waste shall
be collected at least biweekly when the exception that arrangements
shall be made in advance with the collector for pickup of bulky waste
and for payment of any special fees.
(2) All multifamily housing, commercial,
municipal, institutional and industrial waste shall be collected at
least once each week and more often if required in order to prevent
control of health hazards, odors or unsightly conditions.
(3) All recyclable material shall
be collected at least once each month.
(4) Each authorized collector
shall establish a regular collection schedule in the Borough and shall
so notify the Borough of the days and times. If a regular collection
day falls on a holiday, the collector shall notify all customers and
the Borough as to when collection will be made.
D. All authorized collectors operating
within the Borough shall comply with the Butler County Municipal Waste
Management Ordinance as regards the licensing of collectors and the
transportation of waste to the County-designated disposal facility.
All authorized collectors shall be responsible for the collection
of any fees or charges for municipal waste collection and disposal
services provided to residential, commercial, institutional, municipal
and industrial sources within the Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. No person
shall place a used lead acid battery in municipal waste, discard or
otherwise dispose of a lead acid battery except by delivery to a designated
facility authorized under the laws of Pennsylvania.
B. No person
shall place in any municipal solid waste a "covered device" or any
of its components as defined under the Pennsylvania Covered Device
Recycling Act, 35 P.S. § 6031.101 et seq.
All recyclable materials placed at curbside become the property
of its authorized collector except as provided below:
A. Any person may donate or sell
recyclable materials to individuals or organizations authorized by
the Borough. The recyclable materials shall be either delivered to
the individual organization site or may be placed at the curb for
collection by said individual or organization. If placed at the curb,
the individual or organization shall not collect recyclable materials
on days designated as municipal collection days.
B. Any person who donates or sells
recyclable materials shall not receive a discount in waste collection
fees paid to their collector.
The Borough Officials of the Borough of Prospect or their designated
representative shall be responsible for the enforcement of the provisions
of this chapter. The Borough officials are authorized by this chapter
to enact reasonable rules and regulations for the operation of this
chapter including, but not limited to:
A. Designating recyclable materials
to be separated by residential establishments and designating additional
recyclable materials to be separated by commercial, institutional
and municipal establishments.
B. Establishing collection procedures
for recyclable materials.
C. Establishing reporting procedures
for volumes of materials recycled.
D. Establishing procedures for the
distribution, monitoring and collection of recycling containers.
E. Establishing procedures and rules
for the collection of yard waste.