[HISTORY: Adopted by the Borough Council of the Borough of
Slippery Rock 2-12-2019 by Ord.
No. 707.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 114.
Open burning — See Ch. 121.
Property maintenance — See Ch. 217.
[1]
Editor's Note: This ordinance repealed former Ch. 246, Solid
Waste, comprised of Art. I, Solid Waste Management and Recycling,
adopted 8-4-1992 by Ord. No. 542 (Ch. 20, Part 1, of the 1983 Code);
amended in its entirety 3-3-2015 by Ord. No. 683, as subsequently
amended; and Art. II, Recycling Rules and Regulations, adopted 10-6-1992
by Res. No. 246 (Ch. 20, Part 2, of the 1983 Code).
This chapter shall be known and may be cited as the "Slippery
Rock Borough Municipal Solid Waste Management and Recycling Ordinance."
The following words and phrases as used in this chapter shall
have the meanings ascribed to them herein, unless the context clearly
indicates a different meaning:
The Pennsylvania Municipal Waste Planning, Recycling, and
Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988), as amended.[1]
Waste containers provided by the hauler in approximately
thirty-five- or ninety-five-gallon capacity, either hinged or tight-fitting,
with handles or equipped for remote equipment to lift.
A person, firm, partnership, corporation, or public agency
with whom the Borough has contracted to collect municipal waste or
recyclable materials from residential establishments.
Quantities of waste greater than that which will fit into
the approved waste container(s) with the lid closed.
Individual municipal waste items generated within residential
dwelling units that are too large to fit within the selected waste
container, including but not limited to furniture, appliances, mattresses
and carpet.
Any person, firm, partnership, corporation, or public agency
licensed to collect municipal waste and/or recyclable materials from
multifamily, commercial, municipal, or institutional establishments.
Properties used primarily for commercial or industrial purposes.
Any building used for commercial purposes on the first floor or level
shall be considered a commercial building in its entirety for purposes
of the within regulations. Any residential units located on additional
floors or levels of the building shall be considered part of the commercial
establishment for purposes of this chapter.
Events that are sponsored by public or private agencies or
individuals, including, but not limited to, fairs, bazaars, socials,
picnics, and organized sporting events attended by 30 or more individuals
per day.
A desktop or notebook computer or computer monitor or peripheral,
marketed and intended for use by a consumer. The term does not include
a covered television device.
A covered computer device and covered television device marketed
and intended for use by a consumer. The term does not include:
A device that is a part of a motor vehicle or any component
part of a motor vehicle assembled by or for a vehicle manufacturer
or franchised dealer, including replacement parts for use in a motor
vehicle;
A device that is functionally or physically a part of or connected
to or integrated within equipment or a system designed and intended
for use in an industrial, governmental, commercial, research and development
or medical setting, including, but not limited to, diagnostic, monitoring,
control and medical products as defined under the federal Food, Drug
and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.),
or equipment used for security, sensing, monitoring, antiterrorism,
emergency services purposes or equipment designed and intended primarily
for use by professional users;
A device that is contained within a clothes washer, clothes
dryer, refrigerator, refrigerator and freezer, microwave oven, conventional
oven or range, dishwasher, room air conditioner, dehumidifier, air
purifier or exercise equipment; or
An electronic device that contains a tuner that locks on
to a selected carrier frequency and is capable of receiving and displaying
television or video programming via broadcast, cable or satellite,
including, without limitation, any direct view or projection television
with a viewable screen of four inches or larger whose display technology
is based on cathode ray tube, plasma, liquid crystal, digital light
processing, liquid crystal on silicon, silicon crystal reflective
display, light emitting diode or similar technology marketed and intended
for use by a consumer primarily for personal purposes. The term does
not include a covered computer device or a mobile telephone.
All animal and vegetable waste resulting from handling, preparation,
cooking or consumption of food.
A solid waste, or combination of solid wastes, 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 serious irreversible, or incapacitating
reversible, illness or pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed (42 U.S.C. § 6903).
This term includes but is not limited to materials which are ignitable
(flammable), corrosive (capable of dissolving metals or burning skin),
reactive (unstable or react violently with water) and toxic (poisonous,
containing heavy metals or man-made chemical pesticides, except those
specific pesticides officially designated as nonhazardous by the United
States EPA and the PA DEP and the Borough of Slippery Rock).
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.
Properties having more than four residential dwelling units
per structure. Dwelling units located above a commercial establishment
shall be excluded from this definition.
Public facilities operated by the Borough and other governmental
and quasi-governmental agencies.
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. "Municipal waste" does not include covered devices,
electronic waste, or yard waste.
The Borough of Slippery Rock.
Any facility or site where solid waste is disposed of which
is not a sanitary landfill which meets the criteria promulgated under
Section 4004 of the Solid Waste Act (42 U.S.C. § 6944) and
which is not a facility for disposal of hazardous waste.
A keyboard, printer or any other device sold exclusively
for external use with a computer that provides input into or output
from the computer. The term does not include adaptive or assistive
technologies.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency (including, but not limited to,
the Department of General Services and the State Public School Building
Authority), or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties. In any provision of this
chapter 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.
A collection container designed to collect loose items of
solid waste, such items to be no larger than the container itself,
generated by persons while in close proximity to the container. Such
containers are, by definition, accessible to an unlimited population,
as in public places (e.g., malls, streets, parks, commercial establishments,
etc.).
Material generated by residential, commercial, municipal,
and institutional establishments for which recycling markets exist
and for which there is a recycling agent. Recyclable materials may
include aluminum, steel, and bimetallic containers, high-grade office
paper, newspapers, corrugated paper, plastics, and any other item
selected by the Borough or county, or specified in amendments to Act
101. "Recyclable materials" does not include covered devices, and
is subject to change as necessary or permitted to adapt to market
conditions.
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
other than a fuel for the operation of energy.
A chemical used in refrigerator systems, such as air conditioners
and refrigerators, that is an ozone depleting substance (ODS) such
as chlorofluorocarbon (CFC) or hydrochlorofluorocarbon (HCFC) refrigerant.
A single-family, duplex, or structure with four or fewer
dwelling units. This shall not include residential units located above
commercial businesses, which shall be considered commercial for purposes
of this chapter.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or containing
gaseous materials. The term does not include coal ash or drill cuttings.
Leaves, garden residue, shrubbery and tree trimmings, grass
clippings and similar material.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
Any person generating municipal waste shall deposit the same into
approved containers for municipal waste and recyclable materials.
B.
All municipal waste shall be stored in approved containers until
collection by the hauler. Approved containers shall comply with the
following standards:
(1)
Approved containers shall be leakproof and constructed of durable,
watertight, rust- and corrosion-resistant material, and shall be kept
in a sanitary condition at all times. The interior of the containers
shall be kept clean by thoroughly rinsing, draining, and disinfecting
as often as necessary.
(2)
Approved containers shall not present an offensive odor extending
beyond 10 feet from the exterior of the container. Any cracked or
rusted container shall be condemned by the Borough, tagged as a public
nuisance, and arrangements shall be made with the waste collector
to remove the containers by the next collection day.
(3)
Approved containers for residences shall have tight-fitting covers,
suitable lifting handles, and shall have a capacity of either approximately
35 or 95 gallons, as supplied by the waste collector.
(4)
Containers shall be closed or sealed at all times, and waste shall
not protrude or extend above the top of the container.
(5)
Bulky items that do not fit inside the approved containers shall
be stored in a manner that will prevent the accumulation or collection
of water, the harboring or breeding of vectors, insects or rodents,
or the creation of safety and fire hazards, and shall not be placed
at the curb for collection earlier than the day prior to the published
pickup date.
C.
Municipal waste may be placed curbside for collection no more than
24 hours prior to scheduled collection, and must be removed from the
curbside within 24 hours following the scheduled collection date.
D.
The storage of all municipal waste from multifamily housing, commercial,
institutional, and municipal establishments and industrial lunchrooms
and office wastes shall comply with the regulations and standards
set forth in this chapter. The type, size, and placement of detachable
containers for these establishments shall be determined by the waste
generator and the collector and are subject to approval by the Borough.
A.
All residential establishments, defined as those with four or fewer
residential units, shall use the authorized collector contracted by
the Borough for the collection of municipal waste, and shall be subject
to the conditions and requirements of such contract.
B.
Each commercial, multifamily, institutional, municipal, and industrial
establishment shall use a collector of its own choice in accordance
with this chapter.
C.
All municipal waste from residential establishments shall be collected
at least once per week, with the exception that collection of bulky
items shall occur once monthly on the same weekday as municipal waste,
except in the month of May, during which bulky waste shall be collected
once each week.
D.
All municipal waste from commercial, multifamily, institutional,
municipal, and industrial establishments shall be collected at least
once per week and more often if required in order to control health
hazards, odors, or unsightly conditions.
E.
Collection schedule.
(1)
Each collector shall establish a regular collection schedule for
all collections in the Borough and shall so notify the Borough of
the days and times. If a regular collection day falls on a holiday,
the collector or authorized collector shall notify all customers and
the Borough as to when collection will be made.
(2)
The collector shall publish and distribute to each residential establishment
a schedule for residential waste collection.
(3)
Each commercial, institutional, multifamily, municipal, and industrial
establishment shall have all waste collection conducted from Monday
through Saturday between the hours of 6:00 a.m. and 6:00 p.m. No collection
service of any kind shall be permitted on Sunday.
F.
All collectors operating within the Borough shall comply with the
Butler County Solid Waste Management Ordinance with regard to the
licensing of authorized collectors and the transportation of waste
to the county-designated disposal facility.
A.
Any vehicles used for collection of solid waste shall be equipped
with compacting devices or equivalent types of closed bodies, shall
have enclosed cargo space, and shall be constructed so as to be leakproof,
fireproof and to prevent littering and nuisances.
B.
It shall be unlawful in the Borough to collect, haul, transport,
or convey solid waste in open, unenclosed vehicles.
A.
The cost of collecting municipal waste within the Borough of Slippery
Rock, Butler County, Pennsylvania, shall be assessed against each
residential establishment at the rate specified in the contract between
the Borough of Slippery Rock and the authorized collector.
B.
The cost set forth in the contract between the Borough of Slippery
Rock and the authorized collector shall include the disposal of one
container of approximately thirty-five- or ninety-five-gallon capacity,
one biweekly collection of recyclables in the approved container provided
by the Borough, and bulky waste collection once per month and once
weekly through the month of May.
C.
Residential establishments may contract directly with the authorized
collector for additional services, and the authorized collector shall
publish a list of additional services and pricing available.
(1)
Bulk waste that cannot fit in the approved container for pickup may
be collected curbside through the use of additional bag stickers.
Additional bag stickers may be purchased by the resident from either
the Borough office or directly from the waste collector. All additional
bags must bear an additional bag sticker in order to be collected.
D.
Unoccupied dwelling units.
(1)
Residents seeking a temporary, but long-term, discontinuation of
garbage services shall submit an application to Slippery Rock Borough.
If approved, such resident shall not be billed for monthly service
or charged a collection fee during the absence or vacancy from the
residence. Once approved by the Borough, the hauler will be advised
as to which residences are to be considered vacant for billing purposes.
Unoccupied dwelling units include the following:
(a)
Units that are for sale and not under contract for purchase;
(b)
Units that are not contracted to any person (or legal entity)
for rent/lease;
(c)
Units that are contracted but empty for at least 90 continuous
calendar days (tenant travels or will be out of town for an extended
period of time);
(d)
Units that are usually owner-occupied but empty for at least
90 continuous calendar days;
(e)
Units that are contracted but tenant is involuntarily unavailable
to occupy (health, legal, family, or similar reasons);
(f)
Units that are unavailable (for more than 90 days) for contracted
occupancy (maintenance issues, safety, utility, damage, etc.);
(g)
Units that are without water/sewer or other utility service
for an extended period of time (long-term, more than a few days).
(2)
All such applications shall be submitted to the Borough Administrator
and will be approved or denied at the discretion of Council or an
individual designated by Council. Abuse of the ability to seek such
discontinuance will result in the denial of fixture requests.
E.
Commercial, institutional, municipal, and industrial establishments
shall select a collector and negotiate directly with the collector
for, at a minimum, collection of municipal waste and recyclables.
Residential units located above commercial establishments shall be
considered part of the commercial establishment for purposes of this
chapter.
A.
Automotive waste.
(1)
No person shall place a used lead acid battery in municipal waste,
discard or otherwise dispose of a lead acid battery, except by delivery
to a designated facility authorized under the laws of Pennsylvania.
(2)
No person shall place used motor oil in municipal waste, discard
or otherwise dispose of used motor oil, except in accordance with
the laws of the Commonwealth of Pennsylvania.
B.
Refrigerants shall be handled and disposed of only by persons who
recycle used coolants.
C.
Hazardous and potentially threatening waste.
(1)
Hazardous waste is regulated by the Pennsylvania Department of Environmental
Protection and is not to be disposed of in connection with the collection
of municipal waste or recyclable materials.
(2)
The Borough or its agent reserves the right to refuse collection
and disposal of all threatening or potentially threatening waste generated
by any person within the Borough, said waste to include, but not be
limited to, sharps (sharp objects which could cut or puncture the
skin when grasped or brushed against), radioactive materials (from
medical facilities, smoke detectors, etc.), and infectious waste (waste
which may be contaminated by a disease-producing microorganism or
material).
D.
E.
Potentially threatening waste. The following regulations do not supersede
county and commonwealth laws applicable to any establishment within
the Borough and may be added to or altered as more affordable methods
of disposal become available. The following regulations shall be adhered
to by persons within the Borough:
(1)
Sharps (razor blades, syringe needles, broken glass or other sharp
objects) shall be placed in an opaque, tightly sealed container with
a screw-on lid. The full container of sharps may be placed in a reusable
solid waste collection container, not with recyclables. Syringe needles
shall be broken before placing them in the sharps container.
(2)
Infectious waste shall be placed in securely fastened, nonleaking
plastic bags (doubled if necessary) before being stored in reusable
solid waste collection containers.
A.
The Borough hereby establishes a recycling program for the mandatory
separation from municipal waste and collection of recyclable materials
by all residential, multifamily, commercial, municipal, industrial
and institutional establishments located in the Borough.
B.
Recyclable materials shall be collected at such times and dates,
at least twice per month, as may be hereinafter established by regulation
or resolution.
A.
Persons in residential establishments shall separate recyclable materials
from other solid waste. Recyclable materials shall be placed at the
curbside or at a site designated by the Borough. Recyclable materials
shall be prepared for collection according to the within, regulations
and shall be placed in containers provided by the Borough. Each owner
of a residential establishment shall be notified by mail of any changes
in the recycling program. Owners of rental units are responsible to
provide copies of the notice to their tenants.
B.
It shall be the privilege of the collector to reject improperly prepared
recyclable materials at any establishment, and it shall be the responsibility
of the owner or occupants to correct the problem before the recyclable
material will be collected.
C.
It shall be the privilege of the authorized collector or collector
to refuse to collect municipal waste in which recyclable materials
are included. It shall be the responsibility of the owner or occupants
to correct the problem before the municipal waste is collected.
D.
An owner, landlord, or agent of the owner or landlord, of multifamily
housing shall comply with the recycling program by establishing a
collection program for the tenants at each property. The collection
system shall include suitable containers for sorting and collection
of recyclable materials. The containers shall be placed in easily
accessible locations, and written instructions shall be provided to
the tenants concerning use and availability of the collection system.
(1)
Owners, landlords, or agents of multifamily establishments who are
in compliance with this chapter shall not be liable for noncompliance
by the occupants of their property with regard to recycling.
(2)
If changes in the collection program are made, a description of the
changes shall be given to each resident or occupant.
E.
The authorized collector shall submit to the Borough an annual report
by no later than January 31 of each year reporting the tonnage of
recyclable materials collected.
F.
The Borough shall endeavor to provide collection containers for commingled
recyclables in close proximity to each public waste receptacle. Each
container shall be clearly marked for commingled recyclables.
G.
Commercial, institutional, industrial and municipal establishments and community activities shall handle all recyclable materials in accordance with the provisions of this chapter. Commercial, institutional, industrial and municipal establishments with four or more occupants shall follow the same procedure as described for multifamily housing in Subsection D, above.
H.
The authorized collector and collectors shall establish a regular
collection schedule for recyclable materials in the Borough and so
notify the Borough of the days and times. If a regular collection
day falls on a holiday, the collector shall notify all customers and
the Borough as to when collection shall be made.
A.
The following materials shall be separated for collection and recycling
by all properties within the Borough:
(1)
All recyclables, including all Act 101 recyclable materials such
as office paper, newsprint, aluminum cans, corrugated cardboard, bi-metal
or steel containers, No. 1 and 2 plastic containers.
B.
The aforementioned designations may be added to or deleted from,
due to market, fluctuations, as deemed necessary by the Borough. Notice
of such additions or deletions will be provided to residents.
A.
All residential establishments shall be issued one recycling container
from the Borough for storage and collection of recyclable materials.
Owners of multifamily housing properties shall provide recycling containers
for each individual unit. If requested by the owner, landlord or agent
of the owner of any multifamily housing properties, one container,
as described below, shall be issued by the Borough for each individual
unit.
B.
Containers shall be provided free of charge. All new residential
units established within the Borough after the start of the recycling
program shall be issued one container per unit, free of charge.
C.
All containers shall be numbered and recorded by street address at
the time of initial distribution and shall remain the property of
the Borough of Slippery Rock. The recycling containers may not be
altered.
D.
The recycling containers used by the Borough are blue, ninety-five-gallon-capacity
containers and are clearly marked.
A.
Residential properties. Occupants or owners of all residential properties
shall place the container with recyclable materials at the curbside
on the same day as their normal garbage pickup, on a biweekly (every
other week) basis.
B.
Multifamily housing properties. Owners, landlords or agents of each
multifamily housing property within the Borough shall be responsible
for establishing a collection system for the designated recyclable
materials from each residential unit. Collection of such materials
shall occur once every two weeks.
C.
Commercial, institutional and municipal establishments. The owner,
landlord or agent of each commercial, institutional and municipal
establishment within the Borough shall be responsible for establishing
a separation, storage and collection system for the designated recyclable
materials generated at such establishments. Collection of such materials
shall be provided as often as necessary. Residential units located
above commercial establishments shall be considered commercial establishments
for purposes of this chapter.
A continuing comprehensive public education program involving
solid waste management, waste reduction and reuse and recycling of
resources within the Borough will be organized as part of the recycling/solid
waste management program. Education materials and information may
be presented or made available through public meetings, handouts,
mailings, the local media, etc.
The Borough Council is authorized by this chapter to enact reasonable
fees, rules and regulations for the operation and enforcement of this
chapter, including, but not limited to:
A.
Designating recyclable materials to be separated by residential,
multifamily, commercial, industrial or municipal establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for volumes of materials recycled.
D.
Establishing procedures for the distribution, monitoring, and collection
of recycling containers.
E.
Establishing fees to cover the Borough's administrative costs
of the municipal waste and recyclable materials collection program.
F.
Approving vacancy applications/submissions.
G.
Establishing procedures for the monitoring, management and enforcement
of the provisions of this chapter.
The collection of municipal waste and recyclable materials in
the Borough shall be subject to such further reasonable rules and
regulations as may from time to time be promulgated by the Borough
Council by resolution; provided, however, that such rules and regulations
shall not be contrary to the provisions of this chapter or applicable
law.
A.
It shall be unlawful for any person to accumulate upon any public
or private property within the Borough any garbage, rubbish, bulky
items, municipal or solid waste except in accordance with the provisions
of this chapter and any Pennsylvania Department of Environmental Protection
rules and regulations adopted pursuant to Act 97 of 1980 or Act 101.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
and 53 P.S. § 4000.101 et seq., respectively.
B.
It shall be unlawful for any person to burn solid waste or compostable organic material except as provided by Chapter 121, Burning, Open, as amended, or other applicable law of the Commonwealth of Pennsylvania.
C.
It shall be unlawful for any person to use, maintain or operate an
open dump. The owners of property on which an open dump exists shall
be responsible for the cleanup of the area.
(1)
The owner(s) of property on which an open dump is found to exist
shall be issued an official written notice of noncompliance by certified
mail from the Code Enforcement Officer. The owner(s) shall have three
calendar weeks, beginning with the day the notice is received, to
submit a plan for elimination of the dump.
(2)
If not acceptable, the plan shall be addressed and amended by Council
at a regular public meeting. This amended plan shall be carried out
by the owner(s) without delay.
D.
It shall be unlawful for any person to dispose of yard waste by depositing
it on public property or on private property without the written permission
of the property owner.
E.
It shall be unlawful for any person to dispose of solid waste or
recyclable materials in any method except those specified in this
chapter.
F.
Separation of recyclables and solid waste. It shall be a violation
for any person to place solid waste with recyclables to be collected
and to place recyclable materials with solid waste to be collected.
A.
In the event of a violation of the provisions of this chapter or
of related regulations or procedures, the Code Enforcement Officer
shall issue an official written warning of noncompliance for the first
offense. Corrective measures must be commenced and completed within
15 calendar days, beginning with the day the warning is received,
unless otherwise specified in the ordinances, regulations, or procedures.
B.
If corrective measures are not undertaken within the time period
specified, or if the violation constitutes a repeat offense, the second
or subsequent time that the same individual has been notified of a
violation of the same rule or regulation, a citation will be filed
in the Magisterial District Court.
C.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this chapter that is violated shall constitute a separate offense.
In support of Act 101,[1] in the long-term interest of the environment, the Borough
of Slippery Rock will purchase necessary paper products of all kinds
with recyclable fiber content, rather than paper made directly from
raw materials. This is with the understanding that the cost of the
recycled products does not exceed by more than 5% the cost of nonrecycled
products of similar quality which have been purchased previously.
[1]
Editor's Note: See 53 P.S. 4000.101 et seq.
These regulations may be amended by ordinance at a regularly
scheduled public meeting. Notice of these regulations and any amendments
to such regulations shall be published in a newspaper of general circulation
within the Borough.
