[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-9-1990 by Ord. No. 1151 (Ch. 20, Part 1, of the
1988 Code)]
This article shall be known and referred to as the "Solid Waste
Ordinance."
A.
ACT 97
ACT 101
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
OCCUPIED DWELLING
PERSON
PROCESSING
RECYCLING
RECYCLING FACILITY
RESIDUAL WASTE
RESOURCE RECOVERY FACILITY
RUBBISH
SCAVENGING
SEWAGE, TREATMENT RESIDUES
SOLID WASTE
SOURCE SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
The following words and phrases, as used in this article, shall have
the meaning ascribed 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 (P.L. 556, No. 101, July 28, 1988).[2]
Large items of solid waste, including but not limited to
appliances, furniture, large auto parts, trees, branches or stumps,
which may require special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
Solid waste resulting from the construction or demolition
of buildings and other structures, including but not limited to wood,
plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separate
from other waste and are used as clean fill:
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 as odors, gases or vectors.
Any person, firm, corporation, association or corporation
who has been licensed by the Borough or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
The Borough of Canonsburg, Washington County, Pennsylvania.
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,
and any sludge not meeting the definition of residual or hazardous
waste under Act 97 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.
A permanent building or fixed mobile home that is currently
being used on a regular or temporary basis for human habitation.
Any individual, partnership, corporation, association, federal
government or agency, state institution and agency or any other legal
entity which is recognized by law as the subject of rights and duties.
In any provisions of this article 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 or residual 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 facilities, composting
facilities and resource recovery facilities.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste, or the
mechanical 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 employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term recycling facility
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air-pollution
control facility, provided that it is not hazardous. The term "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[3] Residual waste shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean
Streams Law.[4]
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off-site, including but not limited to a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy
and any chemical and biological process that converts municipal waste
into a fuel product.
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 unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screening, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
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 constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
Contracts under this article shall, from time to time, be let to
the lowest responsible bidder, after due advertisement, according
to law, for such period as the Council may deem proper, which contract
may contain, in addition to the requirements of this article, such
other provisions not in conflict herewith as may be deemed advisable
to incorporate therein.
B.
Such contracts shall be executed by the President of Borough Council
on behalf of the Borough and it shall be attested by the Borough Secretary,
who shall affix the Borough seal thereto, and shall contain a provision
requiring the successful contractor to give a performance bond in
50% of the amount of the contract with approved corporate surety.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough limits any
garbage, rubbish, bulky waste or any other residual solid waste except
in accordance with the provisions of this article and any rules and
regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth
of Pennsylvania. Such an act is hereby declared to be a nuisance,
detrimental to the public health and safety and to the inhabitants
of the Borough.
B.
It shall be unlawful for any person to dispose of any solid waste
in the Borough except in accordance with the provisions of this article
and any rules and regulations adopted pursuant to Act 97 and Act 101
by the Commonwealth of Pennsylvania.
C.
It shall be unlawful for any person to place or deposit any household
waste container into any public waste receptacle in the Borough.
D.
It shall be unlawful for any person who is a nonresident of the Borough
of Canonsburg to bring, place or deposit any solid waste, garbage,
household rubbish, ashes or bulk items upon property of any person
occupying any dwelling unit or premises or a part thereof in the Borough
of Canonsburg, as covered by this article, for the collection and
disposal thereof under this article.
E.
It shall be unlawful for any person occupying any dwelling unit or
premises or part thereof in the Borough of Canonsburg, as covered
by this article, to authorize, encourage or permit any person who
is not a resident of the Borough of Canonsburg to bring, place or
deposit any solid waste, garbage, household rubbish, ashes or bulk
items upon property of any person occupying any dwelling unit or premises
or part thereof in the Borough of Canonsburg, as covered by this article,
for the collection disposal thereof under the within this article.
F.
It shall be unlawful for any agent, servant, employee or any other
person whatsoever of any commercial and industrial establishment,
whether situated in the Borough of Canonsburg or outside of the limits
of the Borough of Canonsburg, to bring, place or deposit any solid
waste, garbage, household rubbish, ashes or bulk items upon property
of any person occupying any dwelling unit or premises or part thereof
in the Borough of Canonsburg, as covered by this article, for the
collection and disposal thereof under this article.
G.
It shall be unlawful for any person occupying any dwelling unit or
premises or part thereof in the Borough of Canonsburg, as covered
by this article, to authorize or permit any agent, servant, employee
or any other person whatsoever of any commercial and industrial establishment,
whether situated in the Borough of Canonsburg or outside of the limits
of the Borough of Canonsburg, to bring, place or deposit any solid
waste, garbage, household rubbish, ashes or bulk items upon property
of any person occupying any dwelling unit or premises or part thereof
in the Borough of Canonsburg, as covered by this article, for the
collection and disposal thereof under this article.
H.
It shall be unlawful for any person to haul, transport, collect or
remove any solid waste from public or private property within the
Borough without first securing a license to do so in accordance with
the provisions of this article.
I.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Borough.
J.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Borough except at an approved and permitted resource
recovery facility under any rules and regulations adopted pursuant
to Act 97 and Act 101 by the Commonwealth of Pennsylvania.
K.
It shall be unlawful for any person to throw, place or deposit or
cause or permit to be thrown, placed or deposited any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property within the Borough, except as provided in this article.
A.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding of insects or rodents and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections. All waste materials
shall be placed and stored in approved containers.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)
All garbage shall be securely wrapped in paper, plastic or similar
material or placed in properly tied plastic bags.
(3)
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles. Bundles shall be not
more than four feet in length, not more than two feet in diameter
and not more than 40 pounds in weight.
(4)
Newspapers and magazines shall be placed in approved containers or
shall be secured into bundles of not more than 40 pounds in weight.
(5)
When specified by the Borough or its designated representative, special
preparation and storage procedures may be required to facilitate the
collection and recycling of certain recyclable materials.
D.
Individual containers and bulk containers utilized for storage of
municipal waste shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust and corrosion resistant material, such as plastic, metal or fiberglass,
in such a manner as to be leakproof, weatherproof, insectproof and
rodentproof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity
of not less than seven gallons nor more than 30 gallons. All reusable
containers purchased prior to July 1, 1990, up to 90 gallons, will
continue to be acceptable.
(4)
Disposable plastic bags are acceptable containers, provided that
the bags are designated for waste disposal. Plastic bags shall have
sufficient wall strength to maintain physical integrity when lifted
by the top, shall be securely tied at the top for collection and shall
have a capacity of not more than 40 gallons and a loaded weight of
not more than 40 pounds.
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition at all
times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected, as often as necessary, to prevent
the accumulation of liquid residues or solids on the bottom or sides
of the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article or
which have sharp edges, ragged edges or any other defect that my hamper
or injure collection personnel shall be promptly replaced by the owner
upon notice from the Borough or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designed representative.
(6)
With the exception of pickup days when containers are placed out
for collection, the containers shall be properly stored on the owner
or customer premises at all times.
(7)
Bulk waste items, such as furniture, automobile parts, machinery,
appliances and tires, shall be stored in a manner that will prevent
the accumulation or collection of water, the harborage of rodents,
safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily residential units,
commercial establishments, institutions and industrial lunchroom or
office waste sources is subject to the regulations and standards set
forth in this article. The type, size and placement requirements for
bulk containers shall be determined by the waste generator and the
waste hauler and are subject to approval by the Borough.
G.
The contractor for the collection and disposal of any material mentioned
and the specifications becomes the owner of such material from the
time of its collection.
H.
It will be the duty of the Borough Manager or other designated agents
to investigate all complaints made for failure by residents of the
Borough of Canonsburg to comply with the provisions requiring the
use of regulation containers or receptacles for emptying by the contractor,
etc., and to prosecute all offenders under such provisions.
A.
The Borough shall provide for the collection of all garbage, rubbish
and bulky wastes from individual owner occupied residences or condominium
units and rental multifamily residential sources with six or fewer
units or it may contract with a private collector or collectors to
provide residential solid waste collection service. Collection shall
not be provided for construction and demolition waste.
B.
All households shall utilize the residential collection service provided
by the Borough.
C.
All multifamily residential sources with more than six rental units
and commercial, institutional and industrial establishments shall
negotiate and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice.
D.
All commercial, institutional, public and industrial lunchroom and
office waste containing garbage shall be collected at least once a
week during the months of January, February, March, April, May, June,
July, August, September, October, November and December, inclusive.
The motor truck shall be operated and the loading done in a quiet
and orderly manner so as to cause the least possible annoyance to
the residents of the Borough. Rubbish collection from these sources
shall be made as often as necessary to control health hazards, odors,
flies and unsightly conditions. The Borough reserves the right to
require more frequent collection when deemed necessary.
E.
Residential collection schedules shall be published regularly by
the Borough or its contracted hauler.
F.
All solid waste collection activities shall be conducted from Monday
through Saturday between the hours of 6:00 a.m. and 3:00 p.m., unless
prior approval of any exception has been granted by the Borough. No
collection, hauling or transporting of solid waste shall be permitted
on a Sunday.
G.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Borough shall be conveyed
by the hauler to a transfer station, processing facility or disposal
site approved by the Commonwealth of Pennsylvania.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97 and
Act 101 and any regulations adopted pursuant to Act 97 and Act 101,
including the Title 25, Chapter 285, Subchapter B, Regulations for
the Collection and Transportation of Municipal Waste.
(3)
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
(4)
All collection vehicles must be duly licensed and maintained.
(5)
All collection vehicles shall be metal-covered, strongly built, thoroughly
cleaned, well painted and must have the name of the contractor painted
on each side of the same, in letters of a size to be read and always
legible.
(6)
The contractor shall provide reserve equipment to guarantee scheduled
services.
(7)
Collection vehicles for removal and collection of solid waste, garbage,
household rubbish and ashes are not to exceed 20 cubic yards tandem
axle, and, further, trucks used for the removal and collection of
solid wastes on streets or avenues in the Borough less than 12 feet
wide must not exceed 15 cubic yards in size.
(8)
Collection vehicles for rubbish shall be capable of being enclosed
or covered to prevent roadside litter and other nuisances.
(9)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
A.
A fee and charge assessment is hereby made and imposed upon dwelling
units in an amount as set forth from time to time by resolution of
the Borough Council, payable quarterly in advance of the collection
and disposition of solid waste, garbage, household rubbish and ashes,
whether or not said services of the Borough be used to the extent
herein provided. The responsibility for the payment of the yearly
assessment shall be that of the individual, individuals, firm or corporation
who are the record owners of the real estate upon which said dwelling
unit or units are located at the time the fee and charge assessment
is made.
[Amended 12-16-1997 by Ord. No. 1216]
B.
The Borough Manager shall mail or cause to be mailed quarterly billings
for said fee and charge assessment to the occupant or occupants or
owner or owners of the dwelling unit or units for payment thereof.
Said fee and charge assessment shall be paid at the Borough Manager's
Office during the normal daily working hours that said office is open.
C.
If the aforesaid fee and charge assessment remains unpaid for a period
of 30 days, interest at the rate of 1 1/2% per month will be
added thereto until paid. If the aforesaid fee and charge assessment
remains unpaid for a period beyond 30 days up to 60 days, interest
at the rate of 5% per month will be added thereto until paid. If the
aforesaid fee and charge assessment remains unpaid for a period beyond
60 days, interest at the rate of 10% per month will be added thereto
until paid.
[Amended 10-12-1992 by Ord. No. 1176]
D.
If the aforesaid fee and charge assessment remains unpaid for a period
of one year, a 5% penalty will be added thereto in addition to the
interest aforesaid.
E.
In the event that the aforesaid fee and charge assessment remains
unpaid for a period of 45 days, the Council is authorized through
its proper officer or officers or agent or agents to notify the owner
or owners of the real estate upon which the dwelling unit or units
are located at the time the fee and charge assessment is made of the
delinquency. In the event that the aforesaid fee and charge assessment
remains unpaid for a period of 60 days, the Council is authorized
through its proper officer or officers or agent or agents to file
a lien in the Prothonotary's Office of Washington County, Pennsylvania,
against the owner or owners of the real estate upon which said dwelling
unit or units are located at the time the fee and charge assessment
is made.
[Amended 10-12-1992 by Ord. No. 1176]
F.
The Borough's contracted hauler and other licensed haulers shall
be responsible for the collection of any fees for solid waste collection
disposal services provided to commercial, institutional or industrial
sources within the Borough.
A.
No person shall collect, remove, haul or transport any solid waste
upon or through any streets or alley of the Borough without first
obtaining a license from the Borough or its designated representative.
B.
Any person who desires to collect, haul, transport or dispose of
any solid waste within the Borough shall submit a license application
and an application fee, as set from time to time by resolution of
the Borough Council, to the Borough. A minimum period of 30 days shall
be allowed for the Borough to review the application and take approval
or denial action. The Borough shall waive the application for the
hauler under contract to the Borough to collect residential waste.
This exemption applies only to the residential service provided for
under the contract with the Borough.
[Amended 12-16-1997 by Ord. No. 1216]
C.
The license application shall set forth the applicant's qualifications
and include the following information at a minimum:
(1)
The name and mailing address.
(2)
A contact person and telephone number.
(3)
A list of available equipment and manpower.
(4)
The type of wastes to be collected.
(5)
The manner or method of collection.
(6)
The frequency of collection.
(7)
The point of collection.
(8)
The proposed place and method for each type of waste.
(9)
A certificate of insurance identifying the type and amounts of coverage
carried by the applicant.
D.
Prior to issuing a license, the Borough may require an applicant
to submit a certificate of insurance as evidence of insurance coverage
for the minimum amounts specified by the Borough.
E.
All licenses shall be issued for a period of one calendar year and
shall be nontransferable.
F.
An existing licensee shall submit a new license application and license
fee to the Borough at least 30 days prior to the expiration of the
license if license renewal is desired. If the licensee continues to
satisfy the requirements for a license, the license shall be renewed.
The Borough reserves the right to deny a license renewal if the licensee
is in violation of the provisions of this article.
G.
Any misrepresentation or falsification on a license application may
be grounds for rejection of an application or immediate revocation
of a license which has already been issued.
H.
Licensed haulers shall be responsible for maintaining current lists
of customers serviced and records of the amounts and types of waste
collected within the Borough. Such records and customer lists shall
be available for inspection and be provided to the Borough or its
designated representative upon request.
A.
In the event that a licensed hauler is found to be in violation of
this article, the Borough may take the following actions at its discretion
depending on the nature of the violation:
(1)
The Borough may issue a notice of violation to the licensee. This
notice shall be in writing and sent by certified mail with return
receipt requested to the address the licensee gave in the license
application. The notice shall state the nature of the alleged violation(s)
and the necessary corrective action required. The licensee shall be
provided a reasonable time period to either correct the violation(s)
or appeal. If the violation is not corrected or appealed within the
specified period, the license shall automatically be revoked with
no right to administrative appeal, and the licensee may be prosecuted
under the penalty provisions of this article; or
(2)
The Borough may immediately revoke the hauler's license by issuing
a written notice of license revocation to the licensee by certified
mail with return receipt requested. The notice of revocation shall
state the reasons for the Borough's actions and inform the licensee
that the decision may be appealed within 10 days after receipt of
the notice. Any appeal must be filed in writing and show cause why
the Borough should not carry out the license revocation.
B.
In the event that any person other than a licensed hauler is found
to be in violation of this article, the Borough may issue a written
notice of violation to the alleged violator. This notice shall be
in writing and sent by certified mail with return receipt requested.
The notice shall state the nature of the violations and the necessary
corrective actions required, in detail. The person notified shall
be provided a reasonable time period (stated in notice) to either
correct the violation(s) or appeal.
A.
All appeals shall be made, in writing, to the Borough.
B.
Pending a reversal or modification, all decisions of the Borough
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by the granting or refusal to grant a
license by the Borough may appeal within 10 days after the Borough
announces the denial.
(2)
Licensees whose licenses have been revoked may appeal within 10 days
after receiving the Borough's notice of license revocation.
(3)
Licensees and nonlicensees who have received notices of violation
may appeal within the time limit stated in their notice of violation.
D.
The notice of appeal shall be served in writing and sent by certified
mail with return receipt requested. Within 20 days after receipt of
the notice of appeal, the Borough shall hold a public hearing. Notice
of the hearing shall be sent to both parties in time to adequately
prepare for the hearing. Notice shall be sent to the parties by certified
mail with return receipt requested at the last known address in addition
to publication in the local newspaper.
The Borough may petition the Washington County Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $100 nor more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Washington
County.
[Adopted 7-9-1990 by Ord. No. 1150 (Ch. 20, Part 2, of the
1988 Code)]
The short title of this article shall be the "Borough of Canonsburg
Recycling Ordinance," and the same shall be cited in that manner.
The following words and phrases used throughout this article
shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All empty aluminum beverage cans.
Empty beverage containers consisting of steel and aluminum.
The entity or entities authorized by the Borough of Canonsburg
to collect recyclable materials from residences or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Borough to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes, and those multiple dwelling residential buildings containing
more than six rental dwelling units.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage containers.
Bottles or jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
Public facilities operated by the Borough and other governmental
and quasi-governmental authorities.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, day-care centers and
schools.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having more than six rental dwelling units
per structure.
The Borough of Canonsburg.
Any garbage, refuse, industrial lunchroom or other materials
including solid, liquid, semisolid 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[2] 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.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Expressly excluded are newspapers which have been soiled, color comics,
glossy advertising inserts and advertising inserts printed in color
other than black and white often included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Borough may stipulate specific types
of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
and can be separated from municipal waste and returned to commerce
to be reused as a resource in development of useful products. Recyclable
materials may include but are not necessarily limited to clear glass,
colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, leaf waste, plastics and any other
item selected by the Borough or specified in future revisions to Act
101. The recyclable materials selected by the Borough may be revised
from time to time as deemed necessary by the Borough.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed 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.
Any owner-occupied single or multifamily dwellings and rental
multifamily dwelling having up to six dwellings per unit structure,
for which the Borough provides municipal waste collection service.
Those materials separated from solid waste at the point of
collection for the purpose of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
The Borough hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the Borough for which waste collection is provided by the Borough
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the Borough, its designated agent
or any other solid waste collectors operating in the Borough and authorized
to collect recyclable materials from residences or from commercial,
municipal and institutional establishments. The recycling program
shall also contain a sustained public information and education program.
Disposal by persons of lead-acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
A.
All persons who are residents of the Borough shall separate all of
those recyclable materials designated by the Borough from all other
municipal waste produced at their homes, apartments and other residential
establishments, store such materials for collection and place the
same for collection in accordance with the guidelines established
hereunder.
(1)
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
approved by the Borough for collection. Any containers provided by
the Borough to residences for collection of recyclable materials shall
be the property of the Borough and shall be used only for the collection
of recyclable materials. Any resident who moves within or from the
Borough shall be responsible for returning the allocated containers
to the Borough or shall pay the replacement cost of said containers.
Use of recycling containers for any purpose other than the designed
recycling program or use of the recycling containers by any person
other than the person allocated such containers shall be a violation
of this chapter.
(2)
An owner, landlord or agent or an owner or landlord of a multifamily
rental housing property with more than six units may comply with its
recycling responsibilities by establishing a collection system at
each property. The collection system must include suitable containers
for collecting and storing the recyclable materials, easily accessible
locations for the containers and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords and agents of owners or landlords who comply with this article
shall not be liable for noncompliance of occupants of their buildings.
(3)
If recyclable materials are collected by a collector other than the
Borough or its authorized agent, owners, landlords and agents of owners
or landlords shall submit an annual report to the Borough reporting
the tonnage of materials recycled during the previous year.
B.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection, unless those persons have otherwise provided for the disposal
of leaf waste.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Borough generated at commercial, government and institutional
establishments and from community activities and must store the recyclable
materials until collection. Recyclable materials will be collected
by a collector other than the Borough or its authorized agent. Occupants
of said establishments shall submit an annual report to the Borough
reporting the tonnage of materials recycled during the previous year.
A.
A fee and charge assessment is hereby made and imposed upon dwelling
units in an amount as set forth from time to time by resolution of
the Borough Council, payable quarterly in advance of the collection
and disposition of all recyclable materials, whether or not said services
of the Borough be used to the extent herein provided. The responsibility
for the payment of the yearly assessment shall be that of the individual,
individuals, firm or corporation who are the record owners of the
real estate upon which said dwelling unit or units were located at
the time the fee and charge assessment is made.
[Amended 12-16-1997 by Ord. No. 1216]
B.
The Borough Manager shall mail or cause to be mailed quarterly billings
for set fee and charge assessment to the occupant or occupants or
owner or owners of the dwelling unit or units for payment thereof.
Said fee and charge assessment shall be paid at the Borough Manager's
Office during the normal daily working hours said office is open.
C.
If the aforesaid fee and charge assessment remains unpaid for a period
of 30 days, interest at the rate of 1% per month will be added thereto
until paid.
D.
If the aforesaid fee and charge assessment remains unpaid for a period
of one year, a 5% penalty will be added thereto in addition to the
interest aforesaid.
E.
In the event that the aforesaid fee and charge assessment remains
unpaid for a period of one year, the Council is authorized through
its proper officer or officers or agent or agents to file a lien in
the Prothonotary's Office of Washington County, Pennsylvania, against
the owner or owners of the real estate upon which said dwelling unit
or units are located at the time the fee and charge assessment is
made.
F.
The Borough's contracted hauler or other licensed haulers shall be
responsible for the collection of any fees for recyclable materials
collection disposal services provided to commercial, institutional
or industrial sources within the Borough.
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough or the authorized collector, except as otherwise provided by § 144-21 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm
or corporation, other than the Borough or one authorized by the Borough
of Canonsburg, to collect recyclable materials placed by residences
or commercial, municipal and institutional establishments for collection
by the Borough or an authorized collector. In violation hereof, unauthorized
collection from one or more residences or commercial, municipal and
institutional establishments on one calendar day shall constitute
a separate and distinct offense, punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Borough of Canonsburg or other entity responsible for authorizing
collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article. The collected recyclable
materials shall be taken to a recycling facility. Disposal by collectors
or operators of recycling facilities or source-separated recyclable
materials in landfills or to be burned in incinerators is prohibited,
unless markets do not exist and collectors or operators have permission
of the Borough of Canonsburg.
A.
The Borough Manager is hereby authorized and directed to make reasonable
rules and regulations for the operation and enforcement of this article
as deemed necessary, including but not limited to:
(1)
Establishing recyclable materials to be separated for collection
and recycling by residences and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures from amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $100 nor more than $1,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Washington
County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The Borough reserves the right not to collect municipal waste containing
recyclable materials in combination with nonrecyclable materials.
The Borough may enter into (an) agreement(s) with public or
private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.
