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:
A person or entity who acts for, or in place of, another person or
entity being authorized to do so.
Empty, all-aluminum beverage and food containers.
A person desirous of being licensed as a hauler or of being issued
a recyclable collection permit, as the case may be.
The residue from the burning of wood, coal, coke, and other combustible
materials, excluding toxic materials.
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.
Empty food or beverage containers consisting of both steel and aluminum.
The Borough of Waynesboro, Franklin County, Pennsylvania.
The Borough Manager of the Borough of Waynesboro.
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.
Discarded "white goods" (major appliances), televisions, mattresses,
furniture, air conditioners and similar household items.
A general term referring to any person who collects, for removal
from premises, municipal waste or recyclables.
Of or pertaining to any wholesale, retail, industrial, manufacturing,
transportation, or financial or professional service or office enterprise,
business, or establishment.
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.
The process by which organic solid waste is biologically decomposed
under controlled anaerobic or aerobic conditions to yield a humus-like product.
An approved facility using land for processing of municipal waste
by composting.
Structural paper material with an inner core shaped in rigid furrows
and ridges, of the type normally used to make packaging cartons and boxes.
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.
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.
Any site, location, area, building, structure, transfer station,
or premises to be used for municipal waste disposal.
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.
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.
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.
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.
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.
The owner of residential property, or such owner's authorized
agent.
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.
Leaves, garden residues, shrubbery and tree trimmings, and similar
material, but not including grass clippings.
A person licensed by the Borough of Waynesboro to collect, haul,
transport, and dispose of municipal waste and recyclables.
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.
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.
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.
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[1]; but excluding recyclables.
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.
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.
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.
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).
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.
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.
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.
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.
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."
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.
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.[2]" 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.[3]"
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."
Waste, including, but not limited to, municipal, residual or hazardous
wastes, including solid, liquid, semisolid or contained gaseous materials.
Empty food or beverage containers made of steel, tin-coated steel,
or other ferrous metal food or beverage containers.
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.
The off-site removal of any municipal waste at any time after generation
thereof.
Commonly used term for solid waste, similar to refuse, but term does
not include food waste.
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.
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.
Grass clippings, prunings and other discarded materials from yards
and gardens.
A facility that is used to compost grass clippings, including a facility
that is used to compost leaf waste.
A.
No person shall place or permit to be placed any refuse or recyclables in any street, alley, or any public place or upon any private property, whether owned by such person or not within the Borough, except it be in proper receptacles for collection or stored indoors in a fully enclosed building, or outdoors in a properly covered receptacle which prevents the creation of an unsanitary, untidy or unsafe situation or condition. No person shall throw or deposit any refuse in any stream or any other body of water. No person shall place or permit to be placed any receptacles containing refuse within the building setback line of any lot as defined in Chapter 295, Zoning.
B.
Any unauthorized accumulation of refuse or recyclables
on any premises is hereby to be declared a nuisance and is prohibited. Failure
to remove any unauthorized accumulation of refuse within 24 hours after notice
to do so shall be deemed a violation of this chapter. Proper notice as provided
under this section shall mean posting on the premises a notice of violation
by the Borough's Zoning Enforcement Officer or other designated official.
C.
The presence of any articles containing a person's
name among solid waste or recyclables shall create a rebuttable presumption,
for purposes of this chapter, that said solid waste or recyclables are the
property of the person whose name is found therein. This presumption may be
rebutted by evidence to the contrary.
A.
The storage of all municipal waste (excepting residential
waste) shall be practiced so as to prevent the attractions, breeding, or harborage
of insects or rodents and to prevent conditions which may create potential
hazards to the public health or which may create fire and other safety hazards,
odors, or public nuisance.
B.
Any person accumulating or storing municipal waste on
private or public property in the Borough for any purpose whatsoever shall
place the same, or cause the same to be placed, in sanitary closed or covered
containers in accordance with the following standards:
(1)
Containers used for the storage of municipal waste shall
be metal, plastic, or fiberglass construction, or other containers approved
by the Borough; rust and corrosion resistant, equipped with lids and waterproof.
(2)
No person, except the occupants of the property on which
a waste container is placed, an authorized licensed hauler, and a Borough
official, employee or agent shall remove the lids of the container and/or
remove the contents thereof.
(3)
All hazardous waste, including but not limited to municipal
waste of a highly flammable or explosive nature, or highly infectious or contagious
municipal waste, shall not be stored for ordinary collection, but shall be
specifically disposed of in accordance with the directions of the Borough
or of any state or federal authority having jurisdiction thereof.
(4)
Containers, other than bulk containers, shall be placed
at such locations as may be agreed upon by the person and the authorized licensed
hauler.
(5)
Bulk containers (such as dumpsters) shall be placed,
whenever possible, at ground level and at a point on the property being serviced
by the collector which will enable clear and easy access to the container
by the collector's vehicle.
(6)
Bulk containers shall not be permitted to overflow or
to have waste strewn or left about them on the ground. A violation of this
provision shall be deemed a violation of this chapter by the person on whose
property the bulk container is located, if it is located on private property.
A.
All residential refuse, excepting multiple-family dwelling
units, in the Borough of Waynesboro, shall be collected and disposed of by
the Borough's contracted trash collector. Multiple-family residences
may utilize the Borough's contractor or another licensed contractor,
as approved by the Borough, to collect and dispose of their refuse. All commercial,
industrial and institutional trash shall be collected by a contractor licensed
by the Borough of Waynesboro.
B.
Costs of residential refuse collection and recycling
shall be determined by Borough Council, and a fee schedule adopted by resolution
from time to time.
C.
Collection, transportation and disposal of residential
refuse under the chapter shall be under the supervision of the Borough Manager.
The Borough Manager shall have administrative authority to make administrative
regulations concerning the collection, transportation and disposal of residential
refuse not consistent with those set forth in this chapter or adopted resolutions,
and may, in the event of an emergency or because of temporary conditions which
necessitate, in the opinion of the Borough Manager, a change in regulations
herein set forth, make any such changes for a period not to exceed 30 days
without the approval of the Borough Council of the Borough of Waynesboro.
D.
Ownership of residential refuse material set out for
collection by the Borough shall be vested in the Borough as of the time it
is collected by the Borough. Prior to pickup, ownership shall remain vested
in the person responsible for setting out the refuse material (or his agent)
who shall have the sole right to remove any of same prior to collection.
E.
Regulations regarding precollection, collection times
and hours, collection practices, and other regulations shall be established
by Borough Council and adopted by resolution from time to time.
A.
Any person transporting solid waste within the Borough
shall prevent or remedy any spillage from vehicles or containers used in the
transport of such municipal waste.
B.
All persons authorized to collect solid waste shall do
so in vehicles that are provided with either closed, covered containers or
which have measures taken to prevent waste from being blown or falling from
the vehicle.
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.
