This chapter shall be known as the "Bath Borough Solid Waste
Management Ordinance."
For the purpose of this chapter, the following terms, phrases
or words shall have the meaning ascribed to them in this section,
except where the context in which the work is used clearly indicates
otherwise.
ALUMINUM
Aluminum food and beverage containers which contain only
nonaerosol or edible substances.
BOROUGH
The Borough of Bath, located in the County of Northampton,
Pennsylvania, a Pennsylvania municipal corporation.
BUSINESS
Any person or processing activity, whether operating for
profit or not, which shall include, hotels, restaurants, stores, schools,
nonprofit institutions or industries, which are carrying on commercial,
service, industrial, manufacturing or processing activities within
the Borough.
COMMINGLED
Aluminum, bimetallic, steel, glass and plastic food and beverage
containers, placed in a special recycling container for the purpose
of collection without having been segregated by color or type.
COMMERCIAL ESTABLISHMENT
An establishment primarily engaged in a nonmanufacturing
or nonprocessing business activity, including, but not limited to,
stores, markets, offices, restaurants, shopping centers and theaters
and shall also mean those facilities that house or serve groups of
people such as hospitals, schools, day-care centers, congregate care
facilities, personal care homes, and nursing homes.
CONTRACTOR
Any entity or organization authorized by the Borough to collect,
transport and dispose of the Borough's refuse or recyclables,
or both.
DWELLING
Any building, or portion thereof, designed or used primarily
as the residence of one or more persons. The term "dwelling" shall
not be deemed to include any motor inn, tourist home, hotel, motel,
or other commercial enterprise not intended for continuous occupancy
by the same inhabitants for more than 30 days.
DWELLING UNIT
One or more rooms intended to be occupied by one or more
persons as a single housekeeping unit, containing sanitary facilities,
kitchen facilities, and having direct access from the outside or through
a common hall.
GLASS
Glass food and beverage containers commonly found in the
home. It includes clear, green and brown colored containers. It excludes
crystal, ceramic, light bulbs, plate, window, laminated, wired or
mirrored glass.
HAULER
A person properly licensed by the Pennsylvania Department
of Environmental Protection for the collection or transportation of
refuse or recyclables and who owns or operates vehicles engaged in
the collection or transportation of refuse or recyclables within the
Borough.
HOME OCCUPATION
Any business conducted for gain within a dwelling which meets all of the criteria for "home occupation" found in Chapter
675, Zoning.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries and the like.
INSTITUTIONAL ESTABLISHMENT
Any establishment, including, but not limited to, hospitals,
nursing homes, orphanages, schools and universities engaged in service
to persons.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings. In addition,
the definition of leaf waste may be amended from time to time by resolution
of the Bath Borough Council.
MIXED USE
Any combination of business and residential activity in a
single structure, or on a single parcel.
MULTIFAMILY DWELLING
A building designed for occupancy by more than one family
living independently of each other, and containing two or more dwelling
units per building.
MUNICIPAL SOLID WASTE (MSW) or MUNICIPAL WASTE or SOLID WASTE
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial, industrial or institutional establishments and from community
activities, including any trace amounts of hazardous waste normally
found in household trash, garbage, or refuse, and any sludge not meeting
the definition of residual or hazardous waste in the Solid Waste Management
Act from a municipal, commercial, industrial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials or "leaf waste" as defined by Act 101, but shall include
grass clippings for the time being.
NEWSPAPER
Types of paper made from wood pulp and other fibrous materials
mixed together, either with or without chemicals, to produce products
customarily and primarily used for the production of newsprint.
PERSON
Any individual, partnership, corporation, association, limited
liability company, limited liability partnership, limited partnership,
institution, cooperative enterprise, municipality, municipal authority,
school district, school authority, federal government or agency, state
institution or agency, or any other legal entity whatsoever which
is recognized by law. 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, and
shall include partners, if the entity is a partnership in any form
and members if the entity is a limited liability company.
PLASTIC
Water and milk jugs, soda bottles, laundry product containers,
and other food and drink containers bearing a recyclable designation
upon them.
RECYCLABLES
All newspaper, glass, plastics and all aluminum, steel and
bimetallic food and beverage containers and other MSW which is specifically
designated for separation and collection as reusable material.
RECYCLING COLLECTION SERVICES
Those services to be performed by the contractors as follows:
A.
The collection of recyclable materials from locations specifically
designated by Borough Council;
B.
Processing of recyclable materials as applicable; and
C.
Marketing of the recyclable materials.
RECYCLING CONTAINERS
A container made of rigid construction acceptable to the
Borough's Recycling Collection Contractor for the collection
of recyclables.
REFUSE
A.
GARBAGEAnimal, fruit and vegetable waste resulting from the handling, preparation and cooking of foods.
B.
ASHESThe residue from the burning of wood, coal, coke or other combustible materials.
C.
RUBBISHAll building waste (residue resulting from building construction, reconstruction, repair or demolition, and from grading or other incidental work which must originate on site in the Borough) and all waste materials not included in the definitions hereinbefore stated, but not including sewage and industrial wastes, and not including dangerous materials or substances such as poison, acids, caustics, explosives, hazardous wastes, and infectious materials.
RIFFRAFF
Waste materials too large for collection in ordinary containers,
including but not limited to discarded fixtures, stoves, pipes, tanks,
household appliances, white goods, fixtures and other such items.
STEEL AND BIMETALLIC
Steel and bimetallic food and beverage containers which contain
only nonaerosol or edible substances.