Borough of Tyrone, PA
Blair County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Tyrone as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 70.
Article I Collection and Disposal

§ 170-1 Declaration of policy.

§ 170-2 Definitions and word usage.

§ 170-3 License required to haul waste.

§ 170-4 Issuance of license; fee.

§ 170-5 Requirements for granting license.

§ 170-6 Rate schedule of haulers.

§ 170-7 Revocation of license.

§ 170-8 Collections; vehicle specifications.

§ 170-9 Delivery of waste to approved site.

§ 170-10 Vehicles to be emptied as necessary.

§ 170-11 Site fees to be prorated.

§ 170-12 Liability for disposal of nonconforming waste.

§ 170-13 Preparation of waste for collection.

§ 170-14 Private disposal sites prohibited.

§ 170-15 Accumulations of waste prohibited.

§ 170-16 Violations and penalties.

§ 170-17 Moneys to be used for enforcement.

§ 170-18 Borough authority.

§ 170-19 Actions subject to local agency law.

§ 170-20 Responsibility of Code Enforcement Officer.

Article II Waste Management and Recycling

§ 170-21 Title.

§ 170-22 Purpose.

§ 170-23 Definitions.

§ 170-24 Mandatory waste disposal.

§ 170-25 Storage on residential property.

§ 170-26 Storage on commercial, institutional and industrial properties.

§ 170-26.1 Waste dumpsters, roll-off containers and waste containers in public places.

§ 170-27 Authority of collector; exclusive contract.

§ 170-28 Transportation of solid waste.

§ 170-29 Disposal of solid waste.

§ 170-30 Unlawful deposit for collection.

§ 170-31 Bulky waste/white goods.

§ 170-32 Exclusions.

§ 170-33 Establishment of recycling program.

§ 170-34 Separation of recyclables and placement for collection by residential dwelling.

§ 170-35 Separation of recyclables by commercial, municipal and institutional establishments and at community activities.

§ 170-36 Separation of recyclables by multifamily housing properties and placement for disposal.

§ 170-37 Lead acid batteries.

§ 170-38 Collection of recyclables by unauthorized persons.

§ 170-39 Alternative collection or disposal of recyclables.

§ 170-40 Delivery of recyclables to landfills or incinerators prohibited.

§ 170-41 Authority of Borough to enter into agreements.

§ 170-42 Recycling awareness program.

§ 170-43 Service fees authorized.

§ 170-44 Establishment and collection of service fees.

§ 170-45 Violations and penalties.

§ 170-46 Remedies.

§ 170-47 Amendment.

§ 170-48 Applicability.

§ 170-49 Enforcement and administration.

[Adopted 3-30-1987 by Ord. No. 929]

§ 170-1 Declaration of policy.

[Amended 12-10-2012 by Ord. No. 1338]
The Borough Council of the Borough of Tyrone, recognizing its responsibilities under the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq., and in the Municipal Waste Planning, Recycling and Waste Reduction Act, 53 P.S. § 4000.101 et seq., and pursuant as well to the powers given it under the Borough Code, particularly 53 P.S. § 46202(11), hereby determines, declares and finds as follows:
A. 
The closure of all municipal waste disposal sites in Blair County and the closure or pending closure of disposal sites in neighboring counties have created an increasingly difficult disposal problem for Tyrone.
B. 
Tyrone's waste haulers must travel increasingly greater distances at increasing cost to Tyrone residents for proper disposal.
C. 
The continuation of these conditions indicates that the Borough of Tyrone will face a crisis of waste accumulation that threatens the sanitation, health and safety of Tyrone residents.
D. 
Improper and inadequate solid waste practices would create public health hazards, environmental pollution and economic loss and would cause irreparable harm to the public health, safety and welfare.
E. 
The provisions of this article set forth hereinafter will promote the public health, safety and welfare and eliminate or reduce the public health hazards, environmental pollution and economic losses caused by inadequate and improper solid waste practices.
F. 
The actions hereafter prescribed are in furtherance of the goals and policies of the Pennsylvania Solid Waste Management Act.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
G. 
Accordingly, it is the purpose of this article to accomplish the following:
(1) 
To provide for the effective implementation of the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101 et seq.
(2) 
To provide for the effective collection, transportation, processing and interim and final disposal of municipal waste which is generated or present within the Borough of Tyrone.
(3) 
To require licenses for municipal waste collection and transportation.
(4) 
To provide for the collection of municipal waste in an appropriate, sanitary fashion so as to protect the public health, safety and welfare.

§ 170-2 Definitions and word usage.

As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Tyrone.
BULKY WASTE
Large items of refuse, including, but not limited to, appliances, furniture, large auto parts, trees, branches and stumps.
CARTWAY
The paved area of a street, avenue, alleys, etc.
GARBAGE
Municipal waste resulting from animal, grain, fruit or vegetable matter.
HAULER
Any person, firm, copartnership, association or corporation who has been licensed by the Borough to collect, transport and dispose of refuse for a fee as herein prescribed.
HAZARDOUS WASTE
Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or any combination of the above, but does not include solid or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear or by-product material, as defined by the United States Atomic Energy Act of 1954, as amended (68 Stat. 923), which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term "hazardous waste" shall not include coal refuse, as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[1] "Hazardous 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."[2]
MUNICIPAL WASTE
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 hereunder from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility.
NUISANCE
Any condition, structure or improvement which shall constitute a threat to the health, safety or welfare of the citizens of the Borough of Tyrone.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise or any other legal entity whatsoever 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.
RESIDUAL WASTE
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 any industrial, mining or 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 Clean Streams Law.[4]
REFUSE
All 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.
A. 
In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
Other words not defined herein shall have the meanings set forth in Section 103 of the Pennsylvania Solid Waste Management Act.[5]
[5]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[1]
Editor's Note: See 52 P.S. § 30.51 et seq.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
[3]
Editor's Note: See 52 P.S. § 30.51 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.

§ 170-3 License required to haul waste.

No person shall haul, transport, collect or remove municipal waste other than his own waste within the Borough of Tyrone without first securing a license to do so from the Borough of Tyrone.

§ 170-4 Issuance of license; fee. [1]

Upon submission of an application and after making the findings required below, the Borough shall issue a license for a period of one year. The licensed hauler shall prominently display the license on his vehicle or vehicles. The fee shall be as set forth in the current Fee Ordinance.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See Ch. 92, Fees.

§ 170-5 Requirements for granting license.

Applications shall be granted, provided that the applicant is found to meet the requirements of this article, 25 Pa. Code § 73.29 and the Solid Waste Management Act of 1980 (Act 97)[1] and that the applicant does the following:
A. 
Executes an agreement with the Borough under which he agrees to comply with the provisions of this article and the rules and regulations promulgated hereunder and which agreement sets forth the terms, including rates, and schedule of service to be provided by the hauler.
B. 
Provides the Borough with a list of all solid waste collection equipment that the hauler will use and their license plate numbers.
C. 
Furnishes the Borough with the phone number, mailing address and hours during which the hauler may be contacted.
D. 
Provides the Borough with certificates of public liability insurance in an amount of not less than $500,000 and property damage insurance in an amount of not less than $500,000.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 170-6 Rate schedule of haulers.

The rates to be charged by the haulers shall be in accordance with a schedule for rates established annually by the Borough of Tyrone with a copy of the same to be provided to each licensed hauler by the Borough.

§ 170-7 Revocation of license.

Any license issued pursuant to the provisions of this article may be revoked by the Borough Manager and Borough Council upon failure of the licensee to comply with any of the provisions of this article or any of the terms of the agreement entered into between the Borough and the hauler or any of the regulations of the Commonwealth of Pennsylvania, Department of Environmental Protection, relating to the collection, storage, transportation and disposition of municipal waste, including but not limited to 25 Pa. Code § 75.29. Any revocation of a license issued under this article shall be subject to the Local Agency Law, 2 Pa.C.S.A. §§ 551 through 555 and §§ 751 through 754.

§ 170-8 Collections; vehicle specifications.

A. 
All municipal waste, upon collection by the hauler, will be deemed to be the property of the hauler.
B. 
Residential collections shall be made at least once every week.
C. 
Collections from commercial establishments must be made at least once every week and shall be made more often if necessary to control health hazards, flies, odors and unsightly appearances.
D. 
No vehicle used in collecting, transporting, disposing or removing municipal waste shall scatter any of the contents on the streets, highways or alleys of the Borough of Tyrone. Vehicles used to haul municipal waste must be maintained in a clean and sanitary conditions so as to present a satisfactory outward appearance and shall meet all the requirements of the Borough and the Department of Environmental Protection. The trucks may be inspected at any time by the Code Enforcement Officer of the Borough of Tyrone for purposes of ensuring compliance with this article. Any deficiency must be corrected promptly by the hauler. The hauler shall maintain its equipment in such a condition as to be able to maintain the collection schedule.
E. 
Trucks and other vehicles used for collecting, transporting, disposing or removing any municipal waste shall meet the following requirements:
(1) 
Packers. All municipal waste shall be enclosed within the confines of the cargo area, which area shall be watertight.
(2) 
Dump trucks. If constructed with completely metal beds and lacking additional wooden sideboards, such trucks shall be covered with a waterproof tarp.
(3) 
Dump trucks or pickup trucks on which additional wooden sideboards have been installed shall not have the sideboards extending above the legal height and shall be covered with a waterproof tarp.
(4) 
Passenger vehicles used for transporting municipal waste shall keep the waste within the confines of the vehicle at all times. Access in the vehicle to the cargo area shall be kept closed at all times without the use of additional aids such as ropes, tiedowns and other similar mechanisms.
(5) 
All tarps as required in this section shall be made of a waterproof material. Tarps shall be secured on all four sides at all times, except during actual loading and unloading.

§ 170-9 Delivery of waste to approved site.

All municipal waste collected as aforesaid shall be delivered to a site approved by the Pennsylvania Department of Environmental Protection (DEP) and as directed by the Borough of Tyrone.

§ 170-10 Vehicles to be emptied as necessary.

All vehicles shall be emptied at a DEP-approved site as often as deemed necessary by the designated inspector so as to avoid creating a public nuisance as hereinafter described.

§ 170-11 Site fees to be prorated.

The fees charged to haulers by the DEP-approved site operator shall be added on a pro rata basis to the rates charged by the haulers to the persons whose municipal waste is being collected and hauled.

§ 170-12 Liability for disposal of nonconforming waste.

If a hauler knowingly brings nonconforming waste to the DEP-approved disposal site and such nonconforming waste is accepted for disposal, the hauler who delivered such nonconforming waste to the DEP-approved disposal site shall be and remain liable for all fines, penalties, costs, expenses and other damages, environmental or otherwise, caused by the temporary or permanent disposal of such nonconforming waste at the disposal facility, including any costs associated with removal, transportation, storage and disposal of such wastes in compliance with applicable laws and regulations.

§ 170-13 Preparation of waste for collection.

Each person who contracts with a licensed hauler to collect municipal waste shall prepare the waste as follows:
A. 
All waste shall be drained of liquid insofar as practical and shall be placed in sanitary sealed containers and/or cans made of nonabsorbent material.
B. 
Containers shall not exceed 30 gallons in size; cans shall be of a rust-resistant material and shall be furnished and kept clean by the customer and shall be replaced by such customer when no longer in satisfactory condition.
C. 
All refuse which cannot be disposed of in containers shall be assembled, boxed or bundled separately in such a way that it can be handled conveniently and will not be disseminated by wind or otherwise while awaiting collection.
D. 
All refuse, except bulky waste, shall be of units which can be handled by one person and shall be placed in containers or piled and assembled in such a way as to facilitate collection.
E. 
All containers shall be kept on the customer's property until the night before scheduled pickup, at which time it may be placed on the edge of the cartway.

§ 170-14 Private disposal sites prohibited.

No person, firm or corporation shall use or permit to be used any spot or place within the Borough as a disposal site for municipal waste material.

§ 170-15 Accumulations of waste prohibited.

No person shall accumulate or permit to accumulate municipal waste materials upon private property in the Borough, except in such limited quantities and for such limited periods of time as shall ensure that no annoyance, nuisance, health or fire hazard shall be created thereby; and any unauthorized accumulation of municipal waste on any premises is hereby declared to be a nuisance and is prohibited.

§ 170-16 Violations and penalties. [1]

Any violation or failure to comply with any of the provisions of this article or the rules and regulations promulgated hereunder is declared to be a nuisance. Said violation shall constitute an offense, and any person convicted thereof in a proceeding before a Magisterial District Judge shall be sentenced to pay a fine of not less than $75 or more than $600, plus the costs of prosecution. In default of payment of such fines and costs, the person shall be committed to the county jail for a period not exceeding 30 days. Each day's continuance of such a violation shall constitute a separate violation. The Borough is authorized to obtain injunctive relief mandating compliance with the requirements set forth herein.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 170-17 Moneys to be used for enforcement.

All moneys collected pertaining to this article, whether by fees, fines or royalties, shall be used for the enforcement of this article.

§ 170-18 Borough authority.

The Borough is hereby authorized to promulgate rules and regulations and to issue forms and to set fee schedules as necessary to implement this article.

§ 170-19 Actions subject to local agency law.

Actions taken pursuant to this article are subject to the Local Agency Law to the extent required by law.

§ 170-20 Responsibility of Code Enforcement Officer.

Inspections, notices and issuance of citations pursuant to this article shall be the responsibility of the Code Enforcement Officer of the Borough of Tyrone.
[Adopted 9-9-1991 by Ord. No. 1018]

§ 170-21 Title.

The short title of this article shall be the "Tyrone Borough Municipal Waste Management and Recycling Ordinance," and the same may be cited in that manner.

§ 170-22 Purpose.

The purpose of this article is to provide for the health, safety and welfare of the residents of the Borough of Tyrone by regulating the collection, storage, transportation, removal, disposal and recycling of municipal solid waste by instituting a comprehensive solid waste management program and establishing a mandatory municipal waste management and recycling program pursuant to the requirements of Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act,[1] and amendments thereto.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 170-23 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CAN
Empty all-aluminum beverage and food containers.
BOROUGH
The Borough of Tyrone, Blair County, Pennsylvania; the Borough Council and the Borough Manager of the Borough of Tyrone.
BOROUGH COLLECTION SERVICE
A service for the collection of solid waste, recyclables and bulky waste or white goods which is provided by the Borough collector.
BULKY WASTE/WHITE GOODS
Large items of waste, including but not limited to appliances, furniture, large auto parts, trees, branches and stumps.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes and those multiple-dwelling residential buildings containing more than four dwelling unit.
COMMUNITY ACTIVITIES
Church, social, school, civic, service group and municipal functions and all other such functions.
DWELLING UNIT
One or more rooms in a residential building, which room or rooms have fixed cooking facilities arranged for occupancy by one or more persons living together or one family.
EXCLUSIVE CONTRACT
An agreement entered into by Tyrone Borough with a private person or corporation for the collection and disposal of all municipal solid waste and/or recyclables within the Borough to the extent provided by this article and the contract agreement.
GARBAGE
Putrescible animal, fish, fowl fruit or vegetable waste incident to and resulting from the use, preparation, cooking and consumption of food.
[Added 2-10-2014 by Ord. No. 1348]
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.
HAZARDOUS WASTE
Any chemical, compound, mixture, substance or article which is designated by the United States Environmental Protection Agency or the appropriate agency of the state as "hazardous," as that term is defined by or pursuant to federal or state law.
HIGH-GRADE OFFICE PAPER
Computer paper and white paper generated in offices and homes.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, such as hospitals, schools, day-care centers and nursing homes.
LEAD ACID BATTERIES
Include but are not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings.
MULTIFAMILY HOUSING
Any properties having four or more dwelling units per structure.
MUNICIPAL SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, 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. This term does not include source-separated recyclable materials.
NEWSPAPERS
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 glossy advertising inserts often included with newspapers.
PERSON
Owners, lessees and occupants of residences or commercial or institutional establishments.
PLASTIC CONTAINER
Empty plastic containers. Due to the large variety of types of plastics, the recycling regulations may stipulate specific types of plastic which may be recycled.
PROCESSING CENTER
Any facility maintained for the purpose of sorting, preparing and/or consolidating recyclables (as defined herein) for sale.
PUBLIC NUISANCE
Any premises which is capable of being a fire, health or safety hazard due to but not limited to accumulations of any flammable materials, solid waste, recyclables or hazardous waste; or any premises which contains unauthorized accumulations of solid waste and/or recyclables.
RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled, including those materials listed in Act 101 and by the Borough to be recycled.
RECYCLING AWARENESS PROGRAM
The program provided by the Borough in conjunction with programs developed by the county to inform and to encourage residents to use the recycling collection services.
RECYCLING COLLECTION SERVICES
Recycling services performed by the Borough collector which include the collection of recyclable materials from locations specifically designated by the Borough, processing of recyclable materials as applicable and marketing of the recyclable materials.
RESIDENTIAL DWELLINGS
Any occupied single or multifamily dwelling having up to four dwelling units per structure for which the Borough or Borough collector provides municipal waste collection service.
RESIDENTIAL MUNICIPAL SOLID WASTE
Municipal solid waste, as herein defined, that is generated at a dwelling unit.
SOLID WASTE COLLECTION SERVICE
Those services to be performed by the Borough collector which include the collection of solid waste from locations specifically designated by the Borough, transportation of solid waste in trucks and disposal of solid waste at a facility licensed by the Pennsylvania Department of Environmental Protection (PADEP).
TRUCK(S)
Vehicle(s) used for the collection of solid waste and recyclables which have mounted thereon an approved-type, watertight sanitary body or which has a standard truck body made wastetight and equipped with means of covering to prevent loss of material by wind. Vehicle(s) must conform to all rules and regulations stipulated by PADEP.
WASTE DUMPSTER and/or ROLL-OFF CONTAINER and/or WASTE CONTAINER
Any nonmotorized and/or nonpropelled receptacle designed to hold and/or receive municipal waste and/or other refuse material, capable of being lowered and lifted by motor vehicle or truck for the purpose of municipal waste and/or other refuse material storage and/or collection.
[Added 2-10-2014 by Ord. No. 1348]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 170-24 Mandatory waste disposal.

It shall be the mandatory duty of every owner of property and every person occupying a dwelling unit or premises within the Borough where municipal waste is generated and accumulated, by his/her own exposure and cost, except as otherwise specified in this article, to provide and keep at all times a sufficient number of containers to hold all municipal waste accumulated between weekly intervals of collection of such waste by the Borough collector and to ensure the mandatory sanitary and legal disposal of such waste in accordance with this article and all other applicable Borough, state and federal laws and regulations.

§ 170-25 Storage on residential property.

A. 
Containers. All municipal waste generated and accumulated by owners of residential property and/or occupants of residential properties shall be placed in containers for collection by the Borough collector. The containers shall be durable plastic or rust-resistant metal or hefty plastic bags. Containers shall not exceed 35 gallons. All garbage and rubbish shall be drained of liquids before being deposited for collection.
B. 
Location of containers. Each municipal waste container shall be placed for collection so as to be accessible to the Borough collector at ground level and at a point immediately adjacent to the curbside or alleyway from which the collection with a vehicle is made or at a location mutually agreeable between the resident and collector. Failure to place containers at such locations may result in missed pickup or delayed pickup of waste.

§ 170-26 Storage on commercial, institutional and industrial properties.

A. 
Containers. Storage of municipal waste on commercial, institutional or industrial properties shall be done in a manner that does not threaten the public health, safety or welfare of the residents of Tyrone Borough. Containers shall be durable plastic or rust-resistant metal bulk containers (if needed). Municipal solid waste generated at commercial, institutional and industrial properties is the sole responsibility of the property owner and/or the occupants of the property for collection by vendors that meet state municipal waste hauling regulations. The cost of disposal of all municipal waste generated at commercial, institutional and industrial properties is the responsibility of the property owner and/or occupant.
B. 
Location of containers. Containers for collection at commercial, institutional and industrial properties shall be located on the owner's or occupant's premises at a place mutually agreeable to the owner or occupant and the waste collector.

§ 170-26.1 Waste dumpsters, roll-off containers and waste containers in public places.

[Added 2-10-2014 by Ord. No. 1348]
A. 
Permit required. No person shall park or place any waste dumpster and/or roll-off container and/or waste container on any street, alley, highway, sidewalk or right-of-way within the Borough without having first obtained a permit from the Borough. The permit will not be valid unless the waste dumpster and/or roll-off container and/or waste container complies with all specifications required by this article.
B. 
Placement of containers. At no time shall a waste dumpster and/or roll-off container and/or waste container be placed onto any running lane of the roadway restricting the flow of traffic. The Borough reserves the right to prohibit the placement of a waste dumpster and/or roll-off container and/or waste container if it is determined to be a safety problem. Waste containers are also prohibited from being placed where they obstruct access to public utilities. The placement of said containers should be in front of or adjacent to the front or rear of the permit holder's property if at all possible.
C. 
Duration of time. The licensed hauler responsible for the placement, emptying or removal of a waste dumpster and/or roll-off container and/or waste container, under this section, shall remove the same within 30 days of the issuance of a permit by the Borough or when the same is full, whichever is first to occur. A thirty-day extension may be granted by the Code Enforcement Officer upon justification of such an extension.
D. 
Removal by Borough. If the waste dumpster and/or roll-off container and/or waste container has not been removed as required by Subsection C, and the licensed hauler responsible for the placement, emptying or removal of the same has not given cause for a time extension, the Borough may move or cause to be moved, at the expense of the licensed hauler, said equipment in violation to a facility where it may be reclaimed by the said licensed hauler upon payment of costs.
E. 
Safety/illumination. Any waste dumpster and/or roll-off container and/or waste container shall be illuminated with light reflectors, which shall be displayed on all corners and be visible to oncoming traffic for a distance of not less than 300 feet, between the hours of sunset and sunrise.
F. 
Cover. Any waste dumpster and/or roll-off container and/or waste container shall be equipped with a cover so that when not in use, material will not blow from the container, nor will significant amounts of water accumulate in the waste dumpster and/or roll-off container and/or waste container so as to cause leakage.
G. 
Leakage. Liquids shall not leak from any waste dumpster and/or waste container onto any street, sidewalk or public right-of-way.
H. 
Nonrecyclable waste. Only permitted, nonrecyclable municipal waste shall be placed in such containers, in compliance with all applicable ordinances and/or guidelines. The disposal of garbage, as defined in § 170-23, is strictly prohibited.
I. 
Hauler identification. The name, address, and telephone number of the licensed hauler responsible for the placement, emptying or removal of the waste dumpster and/or roll-off container and/or waste container must prominently be displayed thereon.
J. 
Permit fees. The waste dumpster and/or roll-off container and/or waste container permit fee under this section shall be established from time to time by the Borough and shall be in addition to all other license fees or taxes required to be paid by the laws of the Commonwealth of Pennsylvania, or the ordinances of the Borough.

§ 170-27 Authority of collector; exclusive contract.

It shall be unlawful for any person or corporation other than persons or corporations authorized by contract with the Borough to collect and/or transport municipal solid waste of any nature collected from residential dwelling units as a regular hauling business from the Borough. If the Borough decides to enter into an exclusive contract for the collection, transportation and disposal of residential municipal solid waste in the Borough, said contractor shall be required to collect municipal waste in the Borough exclusive of other private haulers and collectors subject to exceptions to the exclusive Borough contract. This exclusive contract does not include commercial, institutional or industrial establishments within the Borough. If the Borough decides to enter into such an exclusive contract, the Borough shall not issue a license to any private hauler or collector for the collection of residential municipal solid waste other than to the hauler or collector having the exclusive contract with the Borough. Authorization to collect, transport and dispose of municipal waste for persons other than oneself may be given only by the Borough through issuance of a contract. All applicants for collection, transportation and disposal of residential municipal waste shall be reviewed by the Borough and shall be approved in accordance with reasonable standards therefor and public bidding requirements developed therefor by Tyrone Borough Council members.

§ 170-28 Transportation of solid waste.

Any person(s) or corporation(s) transporting solid waste within the Borough shall prevent or remedy any spillage from the vehicles or containers used in the transport of such solid waste. The vehicles used to transport or convey solid waste shall be leakproof and enclosed to the extent necessary to ensure no loss or spilling of waste from the vehicles. The Borough shall have the authority to inspect any and all vehicles used for the transport of municipal solid waste from the Borough as it deems necessary.

§ 170-29 Disposal of solid waste.

All municipal solid waste generated, collected and transported from within the jurisdictional limits of the Borough shall be disposed of at the facility(ies) stipulated in the Blair County Municipal Solid Waste Management Plan, as approved and permitted by the Pennsylvania Department of Environmental Protection, as required by Act 101.[1] The Borough reserves the right to make inspections of authorized collectors to ensure that residential municipal waste generated within the Borough is being disposed of in an authorized or designated facility. Any authorized collector found to be in violation of this section shall have appropriate action taken against him by the Borough as stipulated in the contract agreement.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 170-30 Unlawful deposit for collection.

It shall be unlawful for any person to deposit for collection any solid waste including bulky items not generated at the address from which collection is made or to bring any solid waste into the Borough or from one address to another in the Borough for the purpose of taking advantage of the collection service or to avoid the cost of collection.

§ 170-31 Bulky waste/white goods.

[Amended 7-12-2010 by Ord. No. 1297]
Bulky wastes/white goods will be collected by the collector pursuant to the contract agreement with the Borough. It shall be unlawful for any person to place bulky waste/white goods on any property other than on the property at which it was generated or not directly associated. Bulky waste generated within the Borough shall be disposed of at a state-permitted disposal facility stipulated in the Blair County Municipal Solid Waste Management Plan or at a legitimate salvage dealer that is in the business of disposing of or recycling such items.

§ 170-32 Exclusions.

A. 
Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his own municipal waste on an irregular or unscheduled basis to a state-permitted processing or disposal facility stipulated in the Blair County Solid Waste Management Plan or to the disposal facility stipulated by the Borough in accordance with the regulations of the disposal contract or disposal facility. However, nothing contained herein shall relieve any such person from utilizing the services and paying the fee for such services of the Borough's designated municipal waste hauler, regardless of whether such hauler actually collects municipal waste at such person's residence.
[Amended 6-4-2007 by Ord. No. 1257]
B. 
Nothing contained herein shall prohibit a farmer from carrying out normal farming operations, including composting or spreading of manure or other farm-produced agricultural waste, not otherwise prohibited or regulated for land application.
C. 
The provisions of this article do not apply to anything but the recycling of materials and the storage, collection, transportation, and disposal of municipal solid waste and do not apply therefore to nonrecyclable residual or hazardous waste defined by the Pennsylvania Solid Waste Management Act (Act 97), Act 101[1] or any federal laws and regulations and their amendments. All hazardous or residual waste must be disposed of in compliance with applicable state and federal laws and regulations.
[Amended 7-12-2010 by Ord. No. 1297]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.

§ 170-33 Establishment of recycling program.

There is hereby established a recycling program for the mandatory separation of recyclable materials from municipal solid waste by persons residing in residential dwellings for which solid waste is collected by or on behalf of Tyrone Borough.

§ 170-34 Separation of recyclables and placement for collection by residential dwelling.

[Amended 7-12-2010 by Ord. No. 1297]
Recyclable materials from residential dwellings shall be placed pursuant to the provisions of the contract agreement and the Borough's rules and regulations. This shall be on the same day as regular garbage collection for that week at the curb or alleyway or other designated place, commingled in a container provided by the Borough of Tyrone, separate from solid waste for collection or taken to dropoff sites at such times, dates, and places as may be herein established by regulation. Materials shall be defined in the Borough rules and regulations. The Borough reserves the right to negotiate with the Borough collector a change in recyclable items during any contract period depending on the marketability of recyclable materials and requirements of Pennsylvania State law, rule or regulation.

§ 170-35 Separation of recyclables by commercial, municipal and institutional establishments and at community activities.

A. 
Commercial, municipal and institutional establishments shall separate and store, until collection, high-grade office paper, corrugated paper, and aluminum and any other materials deemed appropriate by the establishment or as detailed in the Borough's rules and regulations. These establishments must arrange for the transfer of the materials to a recycling facility or system. The establishments shall annually provide to the Borough evidence of such arrangement and documentation of the total number of tons recycled if that information is not secured through other means.
[Amended 7-12-2010 by Ord. No. 1297]
B. 
Recyclable materials designated by the Borough must be separated until collection at community activities. Sponsoring organizations must arrange for the transfer of the materials to a recycling facility or system.

§ 170-36 Separation of recyclables by multifamily housing properties and placement for disposal.

[Amended 7-12-2010 by Ord. No. 1297]
The owner, landlord, or an agent of an owner or landlord of multifamily housing properties of four or more units shall establish a collection system for recyclables at each property. Materials to be separated shall be defined by the Borough's rules and regulations. Any additional recyclable materials contained in Act 101[1] can be added at the owner's discretion. The collection system must contain suitable containers for collecting and sorting 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 shall not be liable for noncompliance of the occupants of their building.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 170-37 Lead acid batteries.

No person may place a used lead acid battery in mixed municipal solid waste or discard or otherwise dispose of a lead acid battery, except by delivery to an automotive battery retailer or wholesaler, to a secondary lead smelter permitted by the Environmental Protection Agency or to a collection or recycling facility authorized under the laws of the commonwealth to accept used lead acid batteries.

§ 170-38 Collection of recyclables by unauthorized persons.

It shall be a violation of this article for any person(s) not authorized by the Borough to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 170-39 Alternative collection or disposal of recyclables.

Any person may donate or sell recyclable materials to individuals or organizations. These materials must be delivered to the individual's or organization's site.

§ 170-40 Delivery of recyclables to landfills or incinerators prohibited.

It shall be a violation of this article for the authorized collector of recyclable materials to deliver such materials to a landfill or incinerator for the purpose of disposal unless the markets for such materials no longer exist. The authorized collector will provide to the Borough the weight receipts of the recyclable materials.

§ 170-41 Authority of Borough to enter into agreements.

The Borough may enter into agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable material from curbside or from dropoff collection points.

§ 170-42 Recycling awareness program.

The Borough shall establish a comprehensive and sustained public information and education program concerning the recycling program feature and requirements in accordance with Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 170-43 Service fees authorized.

[Amended 6-4-2007 by Ord. No. 1257]
It shall be the duty and responsibility of every property owner and/or every person occupying a residential dwelling unit or premises within the Borough where municipal waste is produced and is accumulated to pay a service fee for the collection and disposal of municipal solid waste and recyclable materials, except as otherwise provided in this article, to the exclusive contractor of the Borough. It shall be the duty of every property owner to pay any such service fee for said collection at the residential dwelling unit or premises regardless of any obligation, oral and/or written, placed upon the person occupying the same.

§ 170-44 Establishment and collection of service fees.

[Amended 7-12-2010 by Ord. No. 1297]
All service fees shall be established under an exclusive contract for the collection of municipal waste and recyclable materials in the Borough and shall be established and adjusted by contract awarded by the Tyrone Borough Council pursuant to public bidding. Collection of service fees will be the responsibility of the Borough collector from each individual residence on a monthly or quarterly basis, unless specifically noted otherwise in the contracted agreement between the Borough and collector.

§ 170-45 Violations and penalties.

[Amended 12-10-2012 by Ord. No. 1338; 2-10-2014 by Ord. No. 1348]
Any action by any person, firm, corporation or other entity which violates any section of this article or any regulations thereof shall be punishable by a fine of no less than $100 and not more than $1,000, plus court costs. Each day a violation continues shall be considered a separate offense, and in default of payment of fines and costs, the person shall be imprisoned not more than 30 days. Any violation of this article will be reviewed for any state or federal violation of existing laws and rules and regulations, as amended.

§ 170-46 Remedies.

In addition to the foregoing penalty, the Borough may also exercise any other remedies available to it under any existing municipal codes or other applicable laws to carry out its responsibilities under Act 101,[1] this article and other pertinent ordinances of the Borough.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 170-47 Amendment.

This article shall not be amended or modified except by a written instrument signed by Tyrone Borough and any involved contractor.

§ 170-48 Applicability.

This article shall be subject to all applicable federal, state and local laws and ordinances as well as rules and regulations set forth by the Department of Environmental Protection, Commonwealth of Pennsylvania.

§ 170-49 Enforcement and administration.

The Borough Manager or his/her designee is authorized and directed to enforce this article. The Borough Manager shall have authority to make rules and regulations relating to the administration of the provisions of this article in addition to any other powers herein conferred upon him/her, provided that such rules and regulations are not pertaining to the provisions of this article. An aggrieved person shall have the right of appeal against any rule or regulation made by the Borough Manager to the Tyrone Borough Council, which may confirm, modify or revoke any such rule or regulation.