[HISTORY: Adopted by the Borough Council
of the Borough of Indiana as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 249.
[Adopted 8-7-1990 by Ord. No. 1491 (Ch.
X, Part 3, Secs. 32 to 38, of the 1971 Code of Ordinances)]
The purpose of this article, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
As used herein includes:
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]
Any nonresidential establishment that is intended for human
occupancy, whether temporary or permanent.
Includes cardboard of the type used to make cardboard boxes,
cartons and similar corrugated and draft paper material.
Any residential property within the Borough of Indiana that
contains thereon one or more dormitory structures.
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.
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.
Includes white and/or off-white stationery, photocopy and
computer paper.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
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.
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.
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]
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]
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]
Items that are discarded or thrown away as worthless or useless;
trash, garbage or rubbish.
[Added 4-17-2018 by Ord.
No. 2018-06]
Any property within the Borough of Indiana that contains
thereon one or more residential unit, and/or one or more dormitory
structure.
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.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous materials.
Recyclable food and beverage containers fabricated primarily
of steel and aluminum, said container which when full shall not exceed
50 pounds.
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.
A.
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]
B.
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.
C.
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]
D.
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]
E.
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.
F.
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.
G.
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.
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.
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.
A.
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.
B.
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.
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.
[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]
A.
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.
B.
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.
A.
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]
B.
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.
C.
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.
[Adopted 5-5-1992 by Ord. No. 1541]
This article shall be known and referred to
as the "Municipal Solid Waste Ordinance.
A.
ACT 97
ACT 101
AUTHORITY
CARTWAY
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
COUNTY
COUNTY-LICENSED COLLECTOR OR WASTE HAULER
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
REFUSE
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
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:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling, and
Waste Reduction Act of 1988 (SB 528, Act 1988-101, July 28, 1988).[2]
The Indiana County Solid Waste Authority.
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]]
Any person, firm, partnership, corporation, or public agency
engaged in the collection and/or transportation of municipal waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, offices,
restaurants, shopping centers, and theaters.
The Indiana County Board of Commissioners or the County of
Indiana.
Any municipal waste collector or hauler possessing a valid
license issued by the county pursuant to this article.
The Pennsylvania Department of Environmental Protection.
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
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.
Any establishment engaged in manufacturing or production
activities, including, but not limited to, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
Any establishment or facility engaged in services, including,
but not limited to, hospitals, nursing homes, schools, and universities.
Leaves, garden residues, shrubbery, and tree trimmings, and
similar material, but not including grass clippings.
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.
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.
The Borough of Indiana, Indiana County, Pennsylvania.
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.
Items that are discarded or thrown away as worthless or useless;
trash, garbage or rubbish.
[Added 4-17-2018 by Ord.
No. 2018-06]
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.
The controlled removal of recycling of material from a solid
waste processing or disposal facility.
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.
Names any waste, including, but not limited to, municipal,
residual or hazardous wastes, including solid, liquid, semisolid or
contained gaseous material.
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.
The off-site removal of any municipal waste at any time after
generation.
B.
In this
article, the singular shall include the plural and the masculine shall
include the feminine and the neuter.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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]
B.
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.
A.
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.
B.
All licensed waste haulers shall comply with the minimum
standards for collection and transportation of municipal waste set
forth in the department's regulations.
C.
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.
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.
[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]
A.
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.
B.
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.
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.
[Amended 4-6-2010 by Ord.
No. 2010-02; 4-17-2018 by Ord. No. 2018-06]
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.