[HISTORY: Adopted by the Borough Council of the Borough of
Masontown as indicated in article histories. Amendments noted applicable.]
[Adopted 2-23-1959 by Ord. No. 149, approved 2-23-1959; amended in
its entirety 8-13-1974, approved 8-13-1974]
A.Â
COMBUSTIBLE REFUSE
GARBAGE
INCOMBUSTIBLE REFUSE
PERSON
REFUSE
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:
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.
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.
All discarded articles or materials except sewage, liquid
waste, garbage and combustible refuse.
Any natural person, association, partnership, firm or corporation.
All combustible refuse and incombustible refuse referred
to collectively.
B.Â
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.Â
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.Â
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.Â
All garbage, combustible refuse and incombustible refuse shall be
separated one from the other.
B.Â
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.Â
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.Â
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.Â
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.Â
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.
The Board of Health or such Health Officer designated by Council
shall enforce the provisions of this article.
[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.
No person shall in any manner delay, impede or interfere with
the collector in the performance of his duties.
Collectors shall report any violation of this article observed
by them to the enforcement officer or agency daily.
[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:
A container entirely of aluminum and used solely for the
packaging of beverages.
Empty food or beverage containers consisting of steel and
aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units, including:
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.
A process by which organic materials are turned into humus.
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
Materials required to be separated from solid waste under
this article for the purpose of recycling.
Empty steel or tin-coated steel food or beverage 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.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Foilage from plants and trees only.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Cans, other than aluminum or bimetal, consisting of entirely
steel or tin and used in the storage of food and beverages.
Any properties having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
Masontown Borough.
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.
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.
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.
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.)
Any natural person, corporation, partnership or organization.
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.
Source-separated recyclable materials, including materials
listed in Section 1501 of Act 101,[3] and materials identified by the municipality to be recycled.
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.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure for which the municipality
provides municipal waste collection service.
Garbage and rubbish collected for disposal.
Those materials separated at the point of origin for the
purpose of being recycled.
Hedge trimmings, twigs, sticks, branches or shrubbery.
A.Â
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.Â
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.
Disposal by persons of lead-acid batteries with other municipal
waste is prohibited and shall be in violation of this article.
A.Â
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)Â
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)Â
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)Â
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.Â
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.Â
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.Â
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.Â
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article.
B.Â
The collected recyclable materials shall be taken to a recycling
facility.
C.Â
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.Â
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)Â
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)Â
Establishing collection procedures for recyclable materials.
(3)Â
Establishing reporting procedures for amounts of materials recycled.
(4)Â
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
B.Â
Violations and penalties.
(1)Â
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)Â
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.Â
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.Â
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.
The Masontown Borough Council may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 81-21.
