[HISTORY: Adopted by the Borough Council of the Borough of Masontown as indicated in article histories. Amendments noted applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 86.
Storage of garbage in junkyards — See Ch. 90.
[Adopted 2-23-1959 by Ord. No. 149, approved 2-23-1959; amended in its entirety 8-13-1974, approved 8-13-1974]
A. 
The following words and terms as used in this article shall have the meanings hereby ascribed thereto unless the context clearly indicates a different meaning:
COMBUSTIBLE REFUSE
All paper, straw, excelsior, rags, rubber, shoes and other refuse as may result from ordinary housekeeping or commercial pursuits and which may be burned by fire.
GARBAGE
All table refuse, animal and vegetable matter, offal from meat, fish and fowl, vegetables and fruits and parts thereof and other articles and materials ordinarily used for food and which have become unfit for such use or which are for any reason discarded.
INCOMBUSTIBLE REFUSE
All discarded articles or materials except sewage, liquid waste, garbage and combustible refuse.
PERSON
Any natural person, association, partnership, firm or corporation.
REFUSE
All combustible refuse and incombustible refuse referred to collectively.
B. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person other than the Borough or contractor designated as herein provided shall collect refuse from any other person for conveyance to a state-approved sanitary landfill, nor shall any person except the aforementioned Borough or collector haul any refuse for any other person within the Borough of Masontown or from any point within the Borough to any place or location outside the Borough limits, except as may be designated by the Borough Council.
[Amended 4-12-1977, approved 4-12-1977; 10-8-2002, approved 10-8-2002]
A. 
Every five years the contract for the exclusive right to collect refuse and garbage in the Borough of Masontown and for the conveyance thereof shall be awarded to the most responsible contractor who submits the lowest bid for the maximum number of residential accounts then existing in the Borough, the number of said accounts to be determined thereafter, after each quarter to be increased or decreased as the case may be. The contract for the collection of garbage from commercial establishments shall be entered into between the contractor and the commercial establishments, provided that the rates therefor shall be subject to Council approval.
B. 
The contract awarded shall also provide an option permitting the length of the contract to be extended for an additional period of time, provided that the terms of the contract shall remain the same, with the only exception thereto being any state-mandated disposal fees assessed to the collector.
Each person for whom the said contractor shall collect refuse shall prepare such refuse in the following manner:
A. 
All garbage, combustible refuse and incombustible refuse shall be separated one from the other.
B. 
All garbage shall be drained of liquid, insofar as practicable, and shall be placed in a sanitary covered can, made of nonabsorbent material, not larger than 21 gallons' capacity, provided with handles and closely fitted cover and of such type that the can may be emptied conveniently by one person. Such can shall be furnished by the resident or customer as the case may be, shall be cleaned by him following each collection and shall be replaced by such resident or customer when no longer in good condition.
C. 
All combustible refuse shall be assembled, boxed or bundled separately in such a manner that it can be handled conveniently and will not be disseminated by wind or otherwise while awaiting collection.
D. 
All incombustible refuse shall be of units that can be handled by one person and shall be placed in containers or piled or assembled in such a manner as to facilitate collection.
E. 
All refuse shall be placed for collection at the rear property line of properties accessible by rear alleys and at the curb in case of properties not thereby accessible.
F. 
No refuse shall be placed for collection at the curb earlier than 8:00 p.m. of the evening prior to a scheduled collection date.
No person shall throw or place any garbage or rubbish in any street, lane, alley, stream or other public place or on private property whether owned by such person or not, unless the same is placed in cans herein provided for.
[Added 8-9-2016, approved 8-9-2016]
It is prohibited to store or place any/all appliances or furniture, including, but not limited to, ranges, refrigerators, air conditioners, ovens, washers, dryers, microwaves, dishwashers, mattresses, recliners, sofas, interior chairs or interior tables on the exterior of any property for the purposes of selling or any other reason, except for the purpose of performing maintenance on said property.
[Amended 5-28-2013 by Ord. No. D-1-5-28, approved 5-28-2013]
It shall be unlawful for any person or entity to openly burn, in any place, and in any manner whatsoever, any combustible material, including, but not limited to, yard waste, garbage, rubbish, tires, industrial waste, recyclable materials, other vegetative matter or any other items, substances or materials of any kind or nature. This prohibition shall be without exception and violations shall be subject to the fines and penalties as contained in this article, except that the Masontown Borough Council may from time to time authorize limited burning to preserve the health and welfare of the citizens of Masontown Borough.
[Amended 8-9-2016, approved 8-9-2016]
No person shall permit garbage or rubbish, including tires whether mounted on a wheel/rim or not, to accumulate in or upon premises for a period of more than one week.
[Amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987]
Any person violating any of the provisions of this article shall, upon conviction thereof before the District Justice, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
[Adopted 4-28-1992 by Ord. No. 1992-2, approved 4-28-1992]
This article shall be known and may be cited as the "Masontown Borough Waste Reduction and Recycling Ordinance."
The terms that are used in this article shall be defined in this section as follows:
ALUMINUM BEVERAGE CAN
A container entirely of aluminum and used solely for the packaging of beverages.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling units, including:
A. 
Manufacturing, retailing and service establishments.
B. 
Establishments where food is sold for consumption on or off premises.
C. 
Food distribution and processing establishments.
D. 
Professional and nonprofit establishments.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals and that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
COMPOSTING
A process by which organic materials are turned into humus.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid parallel furrows and ridges.
DESIGNATED RECYCLABLE MATERIALS
Materials required to be separated from solid waste under this article for the purpose of recycling.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers.
GLASS CONTAINERS
Bottles and jars made entirely of glass, devoid of any metal caps or rings and used in the storage of food and beverages. This term does not include blue glass, flat glass commonly known as "window glass," light bulbs, ceramic and/or porcelain fixtures.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT, PUBLIC OR PRIVATE
A. 
Municipal and state government facilities.
B. 
Religious, educational and health-care facilities and day-care centers.
C. 
Facilities occupied by private civic organizations and nonprofit organizations and/or social clubs.
LEAD-ACID BATTERIES
Includes but is not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Foilage from plants and trees only.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
METAL
Cans, other than aluminum or bimetal, consisting of entirely steel or tin and used in the storage of food and beverages.
MULTIFAMILY HOUSING PROPERTIES
Any properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPALITY
Masontown Borough.
MUNICIPAL RECYCLING PROGRAM
A source separation and collection program recycling the Borough of Masontown's waste or source-separated recyclable materials or a program for designated dropoff points or collection centers for recycling the Borough of Masontown's waste or source-separated recyclable materials that is operated by or on behalf of the Borough of Masontown. The term includes any source separation and collection program for composting yard waste that is operated by or on behalf of the Borough of Masontown. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
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 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.
MUNICIPAL WASTE LANDFILL
Any facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the department under the Solid Waste Management Act.[2] The term does not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
NEWSPAPERS
Paper commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. (The term "newspaper" does not include magazines or other periodicals and any other paper products.)
PERSONS
Any natural person, corporation, partnership or organization.
PLASTIC CONTAINERS
Plastic containers that degrade by biological process, photodegradation, chemodegradation or degradation by other natural processes. The degradation process does not produce or result in a residue or by-product considered to be hazardous waste.
RECYCLABLE MATERIALS
Source-separated recyclable materials, including materials listed in Section 1501 of Act 101,[3] and materials identified by the municipality to be recycled.
RECYCLING
The process by which designated materials which would otherwise become solid waste are separated, collected, processed and returned to the economic mainstream in the form of raw materials or products.
RESIDENTIAL DWELLING
Any occupied single-family or multifamily dwelling having up to four dwelling units per structure for which the municipality provides municipal waste collection service.
SOLID WASTE
Garbage and rubbish collected for disposal.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
YARD WASTE
Hedge trimmings, twigs, sticks, branches or shrubbery.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
The Borough of Masontown hereby establishes and implements a mandatory separation and collection of recyclable materials. Collection of recyclable materials shall be made at least once per month or more frequently, as required by the Masontown Borough Council, by the designated recycling collector operating in the Borough of Masontown and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments and all community activities as defined herein. The recycling program shall also contain a sustained public information and educational program.
[Amended 6-11-2013 by Ord. No. D-1-6-11-2013, approved 6-11-2013
B. 
Specific program regulations are provided as an attachment to this article.[1] The Masontown Borough Council is empowered to make changes to program regulations as necessary as described in § 81-23. Subsequent changes in the program regulations may be made through approval of the Masontown Borough Council and public notice and notification of all affected parties.
[1]
Editor's Note: Said regulations are on file in the office of the Borough Secretary.
A. 
All persons who are residents of the Borough of Masontown shall separate all designated recyclable materials 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 provided by the Borough of Masontown for collection. Any containers provided to residences for collection shall be the property of Borough of Masontown. Residents shall be responsible for leaving the allocated container(s) within the residence or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of recycling containers by any person other than the person allocated shall be a violation of this article.
(2) 
Any owner, landlord or agent or any owner or landlord of a multifamily rental housing property with four or more units must comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system.
(3) 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection, unless these persons have otherwise provided for composting or other processing of leaf waste.
B. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Borough of Masontown generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection or, in the case of leaf waste, unless those persons have otherwise provided for composting or other processing of leaf waste. A person may be exempt from this subsection if that person submits documentation to the Borough of Masontown, annually, indicating that the designated recyclable materials are being recycled in an appropriate manner.
All recyclable materials placed by persons for collection by the Borough of Masontown or the authorized recycling collector pursuant to this article shall, from time of placement at the curb, become the property of the Borough of Masontown or the authorized recycling collector, except as otherwise provided by § 81-19 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until materials are placed at the curbside for collection.
A. 
It shall be a violation of this article for any person, firm or corporation, other than the Borough of Masontown or one authorized by the Masontown Borough Council or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and instutional establishments for collection by the recycling collector then under contract with the Borough of Masontown or another authorized recycling collector, unless such person, firm or corporation has prior written permission from the generator to make such collection.
B. 
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 the residence or commercial, municipal or institutional establishment without prior written permission from the Masontown Borough Council responsible for authorizing collection of recyclable materials to make such a collection. Such receiving person shall verify, to the Masontown Borough Council, the tonnage of all recyclable materials collected by the receiving person.
A. 
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this article.
B. 
The collected recyclable materials shall be taken to a recycling facility.
C. 
Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Masontown Borough Council in writing.
A. 
Operation; enforcement. The Masontown Borough Council 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 for amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
B. 
Violations and penalties.
(1) 
Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
(2) 
Any person who violates any provision of this article, any resolution enacted hereunder, any order issued hereunder or the terms or conditions of any contract awarded in the implementation of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $1,000 and costs and, in default of the payment of such fines and costs, to undergo imprisonment for not more than 30 days.
C. 
The Borough of Masontown reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials, and further reserves the right to refuse to collect recyclable materials improperly prepared in accordance with this article and/or rules and regulations.
D. 
The Borough of Masontown, the authorized waste hauler or the designated agent thereof is empowered to inspect waste containers which have been placed at designated sites for inspection.
The Borough of Masontown may enter into an agreement with public or private agencies or firms to authorize it to collect all or part of the recyclable materials from curbside.