Borough of Indiana, PA Solid Waste

A structure or portion of a structure that is designed so as to provide sleeping quarters in one integral unit, with toilet facilities and/or kitchen facilities being shared by other occupants living in the structure.

GLASS

Includes glass bottles and jars and all products made from silica or sand, soda ash and limestone; the product being transparent or translucent (green or brown/amber in color) and being used for packaging or bottling of various matters excluding, however, blue or flat glass commonly known as window and lead-based glass such as crystal or TV tubes.

HIGH-GRADE OFFICE PAPER

Includes white and/or off-white stationery, photocopy and computer paper.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, liquid 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.

MULTIFAMILY RENTAL HOUSING PROPERTY

Residential property within the Borough of Indiana containing thereon dormitory and/or apartment structures occupied predominantly on a tenant basis, but not including single-family and/or mobile home units.

NEWSPRINT

Includes recyclable paper of the type commonly known as paper, but excluding the reference periodicals, magazines and chemically coated paper.

[Amended 4-17-2018 by Ord. No. 2018-06]

PLASTICS

Includes nonmetallic recyclable containers or items which are synthetically produced from organic compounds by polymerization and comprised primarily of one of the following basic materials: polyethylene etrephthalate (PET); high-density polyethylene (HDPE); vinyl/polyvinylchloride (V); low-density polyethylene (LDPE); polypropylene (PP); polystyrene (PS); or other. Plastics required to be recycled will be identified by the commonly used name for the container or item such as plastic milk bottle, plastic soda bottle or plastic trash bags.

[Amended 4-17-2018 by Ord. No. 2018-06]

RECYCLABLE MATERIALS

Used or abandoned waste material that can be reclaimed and converted into new materials and objects and is capable of being used again, thus reducing the consumption of raw materials, energy, air and water pollution.

[Added 4-17-2018 by Ord. No. 2018-06]

REFUSE

Items that are discarded or thrown away as worthless or useless; trash, garbage or rubbish.

[Added 4-17-2018 by Ord. No. 2018-06]

RESIDENTIAL PROPERTY

Any property within the Borough of Indiana that contains thereon one or more residential unit, and/or one or more dormitory structure.

RESIDENTIAL UNIT

A structure or portion of a structure that is designed so as to provide sleeping quarters, toilet facilities and kitchen facilities in one integral unit, to include single-family units, multifamily units, and mobile home units.

SOLID WASTE

Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.

STEEL AND BIMETALLIC CANS

Recyclable food and beverage containers fabricated primarily of steel and aluminum, said container which when full shall not exceed 50 pounds.

USED BEVERAGE CANS

Includes recyclable cans fabricated primarily of aluminum or a combination of steel and aluminum which are used for soda, beer or other beverages.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 388-2 Mandatory recycling.

The commencement of mandatory curbside recycling shall begin on September 26, 1990, and it shall be mandatory for all persons who are owners, lessees and occupants of residential property to separate aluminum, clear or colored glass, steel and bimetallic cans, and #1 (PET a.k.a. PETE) and #2 (HDPE) plastic bottles from all other solid waste produced by such residence for collection and ultimate recycling of said materials.

[Amended 4-17-2018 by Ord. No. 2018-06]

After September 26, 1990, it shall be mandatory for all persons who are owners, lessees and occupants of residential property to separate leaf waste from all other solid waste produced by such residence.

An owner, landlord or agents of owners or landlords of multifamily rental housing properties with four or more units must comply with the responsibilities under this article by establishing a collection system for recyclable materials at each property. The collection system must utilize suitable containers for collecting and sorting materials, provide easily accessible locations at the rear of the property for the containers, and furnish written instructions to the occupants concerning the permitted use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall be liable for the noncompliance of occupants of their building.

[Amended 4-17-2018 by Ord. No. 2018-06]

After September 26, 1990, it shall be mandatory for all owners, lessees and occupants of commercial, municipal or institutional establishments to separate leaf waste, aluminum, corrugated paper, office paper, clear or colored glass, and #1 (PET a.k.a. PETE) and #2 (HDPE) plastic bottles from all other solid waste produced by such nonresidential establishments for collection and the ultimate recycling of such material. This requirement also applies to community activities such as festivals and other organized events.

[Amended 4-17-2018 by Ord. No. 2018-06]

A commercial, municipal or institutional establishment may be exempted from participating in the Borough-sponsored recycling program if the establishment: has provided on its own for recycling of the required materials identified in Subsection D; and has provided to Indiana Borough on or before December 31 of each year documentation of the weight of the various materials recycled during the prior 12 months. This does not exempt those establishments from recycling.

In the future, the Borough Council of the Borough of Indiana reserves the right to add or delete any one or more of the following recyclable materials to the list of items required to be recycled, as identified in Subsections A and D, above: clear glass; colored glass (green or brown/amber); aluminum; steel and bimetallic cans; newsprint; corrugated paper; high-grade office paper; plastics; leaves; grass clippings; and any other specified recyclable material or item.

Once identified and made known to the public (as provided below), it shall be mandatory for all persons, partnerships or corporations, who are owners, lessees and occupants of residential establishments, to separate or cease separating one or more of the above-referenced recyclable materials from all other solid waste produced by such residential property or nonresidential establishments. In such instances, however, the Township shall notify all persons occupying residential property, and commercial, municipal or institutional establishments at least 90 days prior to implementing any new requirements imposed by this article or any amendments hereto. Such notice shall be in the form of radio and newspaper advertisements, and brochures distributed during regularly scheduled collection activities.

§ 388-3 Rules and regulations.

The Borough Council of the Borough of Indiana shall establish and promulgate reasonable rules and regulations as to: the manner, separation, and placement of the recycled materials at the curb or similar locations; days and times for collection; sorting requirements; transportation methods; sale and marketing of recyclable materials; and the assessment of properties and the owners thereof for the cost of administering his recycling program. The rules and regulations provided for hereunder shall be adopted by resolution of the Borough Council of the Borough of Indiana prior to the implementation of the recycling program. Copies of such resolution shall be maintained at the Borough Building and be available for inspection or purchase.

§ 388-4 Collection by authorized persons.

The Borough Council of the Borough of Indiana may elect to enter into agreements with any other person, partnership, corporation, municipality or municipal authority for the collection, transportation, processing or marketing of recyclable materials.

§ 388-5 Collection by unauthorized persons prohibited.

From time of placement of recyclables at the curb or similar location for collection as designated in this article or rules and regulations associated with this article, items shall be and become the property of the Borough of Indiana or its authorized agent. It shall be a violation of this article for any person unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.

It shall be unlawful for a person to collect, remove or dispose of solid waste which contains recyclable materials designated for separation combined with other forms of solid waste.

§ 388-6 Ownership of recyclables prior to placement for collection.

Nothing in this article shall be deemed to impair that ownership of separated recyclable materials by the person who generated them unless and until such materials are placed at curbside or similar location for collection by the Borough or its authorized agent. Anything herein to the contrary notwithstanding, any person, partnership or corporation who is owner, lessee or occupant of residential property or commercial, municipal or institutional establishments may donate or sell said recyclable material to any person, partnership or corporation, whether or not operating for profit.

§ 388-7 Placement of materials for collection.

[Added 1-2-1996 by Ord. No. 1673; 4-6-2010 by Ord. No. 2010-02; amended 4-17-2018 by Ord. No. 2018-06]

Recycling containers shall be placed at the curbside or next to the cartway no sooner than 6:00 p.m. on the day prior to collection, and empty recycling containers shall be relocated to the premises from the curbside or cartway by 11:00 p.m. on the same day of collection. Containers shall not be kept at the curbside or next to the cartway between scheduled collections, and they shall be stored on the premises at an approved location at the rear of the property so as to be unseen from the public streets or roads or from the front yards of immediate neighboring property.

It shall not be a violation of this section for a person with physical disabilities to place recycling at the point of collection before 6:00 p.m. the day prior to collection if the licensed hauler is picking up the recycling from that point so long as that point is not located on a sidewalk.

§ 388-8 Violations and penalties.

Any person who shall violate or fail, neglect or refuse to comply with the provisions of this article shall be guilty of a violation of this article and shall be subject to an administrative fine that shall be a minimum of $25 and a maximum of $300 per day for any violations that are not remedied within the time prescribed in the notice of violation. Each day that a violation continues will be deemed a separate offense and shall be subject to administrative fines and late fees.

[Amended 4-6-2010 by Ord. No. 2010-02; 4-17-2018 by Ord. No. 2018-06]

The Borough of Indiana shall have the right to file a lien or a claim against the property of the person violating this article to recover all recycling fees, charges and expenses incident thereto together with an attorney's collection fee in the amount of 5% together with the cost of the proceeding to collect the fees, charges and expenses.

The Borough of Indiana can recover all penalties, damages, costs, reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person violating this article or the rules and regulations enacted hereunder.

Article II Storage, Collection and Transportation of Solid Waste

[Adopted 5-5-1992 by Ord. No. 1541]

§ 388-9 Short title.

This article shall be known and referred to as the "Municipal Solid Waste Ordinance.

§ 388-10 Definitions.

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 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling, and Waste Reduction Act of 1988 (SB 528, Act 1988-101, July 28, 1988).[2]

AUTHORITY

The Indiana County Solid Waste Authority.

CARTWAY

That portion of a street which is improved by surfacing with permanent or semi-permanent material and is intended for carts or vehicular traffic.

[Added 4-17-2018 by Ord. No. 2018-06[3]]

COLLECTOR or WASTE HAULER

Any person, firm, partnership, corporation, or public agency engaged in the collection and/or transportation of municipal waste.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, offices, restaurants, shopping centers, and theaters.

COUNTY

The Indiana County Board of Commissioners or the County of Indiana.

COUNTY-LICENSED COLLECTOR OR WASTE HAULER

Any municipal waste collector or hauler possessing a valid license issued by the county pursuant to this article.

DEPARTMENT or DEP

The Pennsylvania Department of Environmental Protection.

DISPOSAL

The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

GARBAGE

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 or odors, gases, or vectors.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or production activities, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines, and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment or facility engaged in services, including, but not limited to, hospitals, nursing homes, schools, and universities.

LEAF WASTE

Leaves, garden residues, shrubbery, and tree trimmings, and similar material, but not including grass clippings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any municipal waste collector or hauler possessing a current, valid county license issued by the Indiana County Solid Waste Authority pursuant to County Ordinance No. 111391.

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; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from any municipal commercial or institutional water supply treatment plant, or air pollution control facility. The term does not include any source-separated recyclable materials or material approved by the PADEP for beneficial use.

MUNICIPALITY

The Borough of Indiana, Indiana County, Pennsylvania.

PERSON

Any individual partnership, corporation, association, institution, cooperative enterprise, municipal authority, municipality, state institution or agency, or any other legal entity recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, penalty, imprisonment, 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.

REFUSE

Items that are discarded or thrown away as worthless or useless; trash, garbage or rubbish.

[Added 4-17-2018 by Ord. No. 2018-06]

RUBBISH

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.

SALVAGING

The controlled removal of recycling of material from a solid waste processing or disposal facility.

SCAVENGING

The unauthorized and uncontrolled removal of any material stored or placed at a point for subsequent collection or from a solid waste processing or disposal facility.

SOLID WASTE

Names any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

STORAGE

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 shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSPORTATION

The off-site removal of any municipal waste at any time after generation.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: See 53 P.S. § 4000.101 et seq.

[3]

Editor's Note: This ordinance also changed the title of this article from "Storage, Collection and Transportation" to "Storage, Collection and Transportation of Solid Waste."

In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 388-11 Prohibited activities.

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality, garbage, rubbish, bulky waste, or other municipal or residual waste, or to process and/or dispose of any solid waste, including leaf waste, except in accordance with Act 97 and Act 101, and all department rules and regulations adopted pursuant thereto.

It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the municipality without a current, valid license to do so issued by the Indiana County Solid Waste Authority and a written agreement with Indiana Borough, except for an individual transporting municipal waste generated on their own private residence or property to a county-designated processing or disposal facility.

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 written approval from the municipality.

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 or municipal waste management facility under any applicable department rules and regulations adopted pursuant to Act 97 and Act 101.

§ 388-12 Storage of solid waste.

Storage of all solid waste shall be in approved, leakproof containers provided with close-fitting covers which prevent the attraction, harborage or breeding of insects or rodents, which are or may become harmful to public health, and which prevent the creation of safety hazards, odors, unsightliness or public nuisances and shall comply with the minimum standards for the storage of municipal waste as set forth in the department's regulations.

[Amended 4-17-2018 by Ord. No. 2018-06]

Any person producing solid waste shall provide a sufficient number of containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.

§ 388-13 Collection.

All households and homeowners shall utilize the services of a licensed hauler having a written agreement with Indiana Borough for disposal of their domestic waste or household waste, unless they can demonstrate that the waste is properly disposed in a manner consistent with this article and applicable department rules and regulations.

All licensed waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the department's regulations.

All municipal waste collected within the municipality shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site designated by the Indiana County Solid Waste Authority pursuant to the approved Municipal Waste Management Plan for Indiana County.

§ 388-14 Licensing requirements.

No person shall collect, remove, haul, or transport any solid waste upon or through any streets or alleys of the Municipality without first obtaining a license from the Indiana County Solid Waste Authority pursuant to the requirements of County Ordinance No. 111391.

§ 388-15 Placement of garbage for collection.

[Added 1-2-1996 by Ord. No. 1674; 4-6-2010 by Ord. No. 2010-02; amended 4-17-2018 by Ord. No. 2018-06]

Solid waste containers shall be placed at the curbside or next to the cartway no sooner than 6:00 p.m. on the day prior to the day of collection, and empty refuse containers shall be relocated to the premises from the curbside or cartway by 11:00 p.m. on the same day of collection. Containers shall not be kept at the curbside or next to the cartway between scheduled collections, and they shall be stored on the premises at the rear of the property so as to be unseen from the public streets or roads or from the front yards of immediate neighboring property.

It shall not be a violation of this article for a person with physical disabilities to place solid waste at the point of collection before 6:00 p.m. the day prior to collection if the licensed hauler is picking up the garbage from that point so long as that point is not located on a sidewalk.

§ 388-16 Injunction powers.

The municipality may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 388-17 Violations and penalties.

[Amended 4-6-2010 by Ord. No. 2010-02; 4-17-2018 by Ord. No. 2018-06]