This chapter shall govern and control all aspects of the collection,
storage, transportation, processing, and disposal of municipal waste and recycling
in the Borough of Waynesboro. It contains regulations applicable to haulers
of municipal waste, collectors of recyclables, individuals, commercial, municipal,
and institutional establishments, and community activities.
This chapter is being enacted in an effort to implement a recycling
program in order to return valuable materials to productive use, to conserve
energy and to protect capacity at municipal waste processing and disposal
facilities.
As used in this chapter, the following terms shall have the meanings
indicated:
AGENT
A person or entity who acts for, or in place of, another person or
entity being authorized to do so.
APPLICANT
A person desirous of being licensed as a hauler or of being issued
a recyclable collection permit, as the case may be.
ASHES
The residue from the burning of wood, coal, coke, and other combustible
materials, excluding toxic materials.
AUTHORIZED COLLECTOR
A licensed hauler (as defined herein); a recyclable
collection permittee (as defined herein); or a person who, being so authorized
by the terms of this chapter, removes municipal waste or recyclables from
his own premises, as owner of the building or commercial, municipal or institutional
establishment or community activity conducted therein, or as an agent (as
defined herein) of another person.
BIMETALLIC CANS
Empty food or beverage containers consisting of both steel and aluminum.
BOROUGH
The Borough of Waynesboro, Franklin County, Pennsylvania.
BOROUGH'S LICENSED HAULER (CONTRACTED HAULER)
The hauler approved by the Borough of Waynesboro to be the primary
collector of recyclables and refuse for single-family residential units within
the Borough. Said hauler to be under contract with the Borough of Waynesboro.
BULKY ITEMS
Discarded "white goods" (major appliances), televisions, mattresses,
furniture, air conditioners and similar household items.
COLLECTOR
A general term referring to any person who collects, for removal
from premises, municipal waste or recyclables.
COMMERCIAL
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business, or establishment.
COMMUNITY ACTIVITY
An activity or event sponsored or organized by a public or private
nonprofit organization for recreational, educational, cultural, or civic purposes,
which may be attended by members of the public, whether or not an entrance
or participation fee is charged therefor.
COMPOSTING
The process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like product.
COMPOSTING FACILITY
An approved facility using land for processing of municipal waste
by composting.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid furrows
and ridges, of the type normally used to make packaging cartons and boxes.
CURBSIDE COLLECTION
A method of collection of residentially generated recyclables and
municipal waste by which the owners or occupants of certain residential properties
may dispose of their recyclables by placing them at curbside (within the public
right-of-way fronting along their property), at times designated by the Borough
of Waynesboro, for collection and removal by an authorized collector therefor
for delivery to a recycling center.
DISPOSAL
The incineration, deposition, injection, dumping, spilling, leaking,
or placing of municipal waste into or on the land or water in a manner such
that the municipal waste or a constituent thereof enters the environment,
is emitted into the air, or is discharged to the waters of the Commonwealth
of Pennsylvania.
DISPOSAL AREA
Any site, location, area, building, structure, transfer station,
or premises to be used for municipal waste disposal.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of foods. It shall not include more than a minimum
amount of free liquids. It shall not include food processing wastes from canneries,
packing plants, or similar industries, nor large quantities of condemned food
products.
GLASS CONTAINERS
All empty food and beverage jars or bottles made from silica or sand,
soda ash, and limestone, the product being transparent or translucent (either
clear, green or brown), excluding, however, blue glass, flat glass, plate
glass, glass commonly known as "window glass," automotive glass, and ceramic
and porcelain products.
HAZARDOUS WASTES
Any chemical, compound, mixture, substance, or article which is designated
by the United States Environmental Protection Agency, or appropriate agency
of the State or Commonwealth of Pennsylvania, to be "hazardous" as that term
is defined by or pursuant to federal state law.
HIGH-GRADE OFFICE PAPER
Any white paper other than newsprint, magazines, or other chemically
coated paper or corrugated paper, of the type commonly used for letter-writing,
stationery, note paper, plain paper, photocopying machines, computer printers,
and other general-purpose paper, whether or not any printed or written matter
is contained thereon.
INSTITUTIONAL
Of or pertaining to any establishment engaged in service to persons
including, but not limited to, hospitals, nursing homes, orphanages, school,
universities, churches, and social or fraternal societies and organizations.
LANDLORD
The owner of residential property, or such owner's authorized
agent.
LEAF COMPOSTING FACILITY
An approved facility for composting vegetative material, including
leaves, garden residue and chipped shrubbery and tree trimmings. The term
does not include a facility that is used entirely or partly for composting
grass clippings.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings.
LICENSED HAULER
A person licensed by the Borough of Waynesboro to collect, haul,
transport, and dispose of municipal waste and recyclables.
MAGAZINES
Printed matter, also known as "periodicals," containing miscellaneous
written prices published at fixed or varying intervals, printed on glossy
or chemically coated paper. Expressly excluded are newspapers and all other
paper products of any nature whatsoever.
MULTIPLE-FAMILY HOUSING PROPERTY
A unit consisting of four or more dwelling units that are owned by
one individual, firm or corporation, or separately owned and operated as a
cooperative form of housing, including condominiums.
MUNICIPAL
Of or pertaining to any office or other property under the control
of any branch or arm of the federal government of the United States of America,
the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth
of Pennsylvania, including but not limited to the Borough of Waynesboro, any
counties, cities, boroughs, townships, and municipal authorities.
MUNICIPAL WASTE
An all-encompassing, most general term meaning any 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, except farm-produced manure, other agricultural
waste, and food processing waste used on land where such materials will improve
the condition of the soil, the growth of crops, or the restoration of the
land for the same purposes, and any sludge not meeting the definition of "residual
or hazardous waste" as defined in Commonwealth of Pennsylvania Solid Waste
Management Act; but excluding recyclables.
NEWSPRINT
Paper of the type commonly referred to as "newspaper" and distributed
at fixed or stated intervals, usually daily or weekly, having printed thereon
news and opinions and containing advertisements and other matters of public
interest. The term "newsprint" expressly excludes glossy advertising inserts,
magazines, glossy or other chemically coated paper, office paper, and any
other paper products of any nature.
PERSON
Any individual, partnership, 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 rights and duties. In any provisions
of the 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.
PROCESSING
Any technology used for the purpose of reducing the volume or bulk
of municipal waste, or any technology used to convert part or all of such
waste materials for off-site reuse. Processing facilities include, but are
not limited to, transfer stations, composting facilities, and resource recovery
facilities.
RECYCLABLE COLLECTION PERMITTEE
A person authorized by the Borough, through the issuance of a permit
therefor, to collect, transport, and dispose of recyclables exclusively (and
not municipal waste) for persons other than himself, his immediate family,
or persons whom he is acting as an agent (as defined herein).
RECYCLABLES
Materials designated as recyclables in this chapter, or required
by the terms of this chapter (or any amendment hereto) to be kept separate
from municipal waste and recycled.
RECYCLING
The collection, separate maintenance, recovery, and sale or reuse
of recyclables which would otherwise be disposed of 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 other
than a fuel for the operation of energy.
RECYCLING CENTER
A facility designed to, and which does, act as a collection center
for the processing, storage, and shipment of recyclables. The term specifically
excludes transfer stations and landfills for solid waste and composting facilities
and resource recovery facilities; and specifically excludes charitable organizations
that accept recyclables for collection but do not process such recyclables.
REFUSE
All forms of garbage, rubbish or trash, including but not limited
to paper, cardboard, tin cans, yard clippings, wood, glass, stones, building
scrap, dead animals, abandoned machinery or vehicles, or machinery parts or
vehicle parts, ashes or other material, or materials which are allowed to
accumulate in an untidy, unsafe or unsanitary manner whether or not said rubbish
or materials are deemed to be abandoned. Residential refuse shall be considered
refuse.
RESIDENTIAL
Of or pertaining to any dwelling unit used as a place of human habitation
and which is not commercial, municipal, institutional, or a community activity.
Home occupations incidental to be residential use within a building are considered
"residential."
RESIDENTIAL REFUSE
All forms of garbage, rubbish or trash, including but not limited
to cardboard, yard clippings, wood, glass, tin cans and other similar materials
commonly generated in a residential environment. This definition shall exclude
large, bulky items, chemicals of a toxic nature, abandoned machinery and machinery
vehicle parts.
RESIDUAL WASTE
Any garbage, refuse or other discarded materials or other waste,
including solids, liquids, semisolids, or contained gaseous materials resulting
from industrial mining and agricultural operations, and any sludge from an
industry, mining or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility, provided it is not hazardous.
Term should not include coal refuse as defined in the Act of September 24,
1968, P.L. 1040, Number 318, known as the "Coal Refuse Disposal Control Act." Term shall not include treatment sludges from coal mining drainage
treatment plants, disposal of which is being carried pursuant to and in compliance
with a valid permit issued pursuant to the Act of June 22, 1937, P.L. 1987,
Number 394, known as the "Clean Streams Law."
RUBBISH
Leaves, branches, trees, sawdust, chips, shavings, wood, woodenware,
leather, rags, grass, straw, and all solid combustible matter not included
in this section under the definition of "garbage."
SOLID WASTE
Waste, including, but not limited to, municipal, residual or hazardous
wastes, including solid, liquid, semisolid or contained gaseous materials.
STEEL CANS
Empty food or beverage containers made of steel, tin-coated steel,
or other ferrous metal food or beverage containers.
STORAGE
The containment of any municipal waste on a temporary basis in such
a manner as not to constitute disposal of such municipal waste. It shall be
presumed that the containment of any municipal waste in excess of one year
constitutes disposal. This presumption can only be overcome by clear and convincing
evidence to the contrary.
TRANSPORTATION
The off-site removal of any municipal waste at any time after generation
thereof.
TRASH
Commonly used term for solid waste, similar to refuse, but term does
not include food waste.
UNAUTHORIZED ACCUMULATION
An accumulation of refuse, rubbish, or residual waste that is not
placed in appropriate containers for disposal; or an accumulation of the aforementioned,
which has the actual or potential to pose a hazard for attracting vectors
or creating a health hazard.
WASTE
A material whose original purpose has been completed and which is
directed to a disposal or processing facility or is otherwise disposed of.
The term does not include source-separated recyclable materials or material
approved by the Commonwealth of Pennsylvania Department of Environmental Protection
for beneficial use.
YARD WASTE
Grass clippings, prunings and other discarded materials from yards
and gardens.
The use of public containers for the disposal of private household waste
will be prohibited.
Borough Council shall establish regulations regarding leaf waste and
adopt said by resolution.
Municipal or solid waste shall be collected from multiple-family dwelling
units as often as necessary, and specifically at least weekly, unless prevented
by unusual circumstances.
Municipal or solid waste shall be collected from commercial, municipal
and institutional establishments as often as necessary, and specifically at
least weekly, unless prevented by unusual circumstances.