[HISTORY: Adopted by the Borough Council of the Borough of
Prospect as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-7-1993 by Ord.
No. 93-2 (Ch. 20, Part 1, of the 2006 codification)]
This article shall be known and may be cited as the "Borough
of Prospect Municipal Solid Waste Management and Recycling Ordinance."
The following words and phrases as used in this article shall
have the meaning 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).
Empty all-aluminum food and beverage containers, clean aluminum
foil and pie tins, aluminum siding, aluminum frames of furniture,
scrap from industrial sources and other all-aluminum materials.
A person, firm, partnership, corporation or public agency
authorized by the Borough or county to collect municipal waste from
residential, commercial, municipal and institutional establishments.
Empty food or beverage containers consisting of ferrous sides
with aluminum top and bottom. A container is bimetallic if a magnet
sticks to the sides, but not the ends.
Large waste items including, but not limited to, appliances,
auto parts, furniture, trees and branches or stumps or other items
too large for approved reusable or disposable waste containers.
Any person, firm, partnership, corporation or public agency
authorized by the Borough to collect recyclable materials from residences
or authorized by commercial, municipal and institutional establishments
to collect recyclable materials from those properties.
Those properties used primarily for commercial or industrial
purposes.
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 200 or more individuals
per day.
Container board cartons, Kraft liner board and shipping boxes
with corrugated paper medium. This definition also includes Kraft
(brown) paper bags.
Any metal bin or container which may be mechanically lifted
and emptied into a collection vehicle.
All animal and vegetable waste resulting from handling, preparation,
cooking or consumption of food.
Empty bottles and jars made of clear, green or brown glass.
This definition does not include noncontainer glass, window glass,
blue glass, porcelain, ceramic products and light bulbs.
See "authorized collector."
Printing, writing and computer paper used in commercial,
institutional and municipal establishments as well as in residences.
This definition includes white paper, white ledger, bond paper, colored
ledger, computer printouts, computer tab cards and copy machine paper.
Unwanted hazardous material found in or generated by residential
establishments.
Facilities engaged in manufacturing or processing including,
but not limited to, factories, foundries, mills, processing plants,
refineries and mining.
Facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and colleges.
Automotive, truck and industrial batteries that contain lead.
Properties having three or more dwelling units per structure.
Public facilities operated by the Borough and other governmental
and quasi-governmental agencies.
Garbage, refuse, industrial lunchroom or office waste and
other 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 as defined by Pennsylvania Act 97.
The Borough of Prospect.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Newsprint
which has been soiled, crumpled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers may be exempted from this
definition.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority or any other
legal entity whatsoever which is recognized by law as the subject
of rights and duties.
Plastics such as containers for milk, food containers, household
product containers, PET soda bottles, beverage containers and other
plastic products.
Materials 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 clear glass, colored glass, 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 of Act 101.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, plastics and other materials which would otherwise
be disposed or processed as municipal waste.
All solid waste, except body waste, and including garbage,
ashes and rubbish.
Any occupied single-family, duplex or multifamily dwelling
of two units or less.
Glass, metal, paper, discarded furniture, building materials,
cartons and shipping containers and any and all accumulations of the
same.
Authorized or uncontrolled removal of solid waste materials
placed for collection, or removal from a solid waste processing or
disposal facility.
Unwanted garbage, refuse and other discarded solid material,
resulting from residential, industrial, commercial and agricultural
operations and from community activities. Unwanted liquids, semisolids
and contained gaseous materials are hereby defined as solid waste.
Recyclable and reusable materials, including any compostable organic
waste, do not constitute solid waste for the purpose of this chapter.
Materials that are separated from municipal waste at the
point of origin for the purpose of being recycled.
All coated (tin, zinc, etc.) and other empty ferrous food
and beverage containers, including allowed materials. This definition
also includes ferrous and alloyed ferrous scrap materials derived
from iron and stainless steel and white goods (large appliances).
The containment of any waste on a temporary basis in such
a manner as to not constitute disposal of such waste.
Leaves, garden residue, shrubbery and tree trimmings, grass
clippings and similar material.
A.Â
Any person storing municipal waste
for collection shall comply with the following preparation standards:
B.Â
All municipal waste shall be stored
in containers approved by the Borough and shall comply with the following
standards:
(1)Â
Reusable containers shall
be constructed of durable, watertight, rust and corrosion resistant
material.
(2)Â
Reusable containers for residences
shall have tight-fitting covers, have suitable lifting handles and
shall have a capacity of not more than 30 gallons. If mechanical bins
or detachable containers are in use, the Borough may waive these standards.
(3)Â
Disposable plastic bags or
sacks are acceptable containers provided the bags are designed for
waste disposal. Such bags shall be securely tied at the top for collection
and shall have a capacity of not more than 30 gallons.
(4)Â
All containers, whether reusable
or disposable, shall be kept tightly covered at all times and shall
be used and maintained so as to prevent public nuisances.
C.Â
Any person storing municipal waste
for collection shall comply with the following storage standards:
(1)Â
Reusable containers 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)Â
Containers shall be covered
or sealed at all times and waste shall not protrude or extend above
the top of the container.
(3)Â
With the exception of pickup
days when containers are placed out for collection, all containers
shall be properly stored on the owner's property.
(4)Â
Bulky waste items shall be
stored in a manner that will prevent the accumulation or collection
of water, the harborage or breeding of vectors, insects or rodents
or the creation of safety and fire hazards.
D.Â
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 bulk containers for these establishments
shall be determined by the waste generator and the authorized collector,
and are subject to approval by the Borough.
All generators of municipal waste in the Borough shall contract
for the collection of disposable waste and recyclable items, as follows:
A.Â
All residential properties shall
use an authorized collection service unless they prove to the Borough
that they have made alternative arrangements consistent with this
article.
B.Â
All multifamily housing, commercial,
institutional and municipal establishments, and industrial establishments
with office and lunchroom wastes, shall use an authorized collection
service of their choice.
C.Â
Collection service shall be provided
in compliance with the following standards:
(1)Â
All residential waste shall
be collected at least biweekly when the exception that arrangements
shall be made in advance with the collector for pickup of bulky waste
and for payment of any special fees.
(2)Â
All multifamily housing, commercial,
municipal, institutional and industrial waste shall be collected at
least once each week and more often if required in order to prevent
control of health hazards, odors or unsightly conditions.
(3)Â
All recyclable material shall
be collected at least once each month.
(4)Â
Each authorized collector
shall establish a regular collection schedule 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 shall notify all customers and
the Borough as to when collection will be made.
D.Â
All authorized collectors operating
within the Borough shall comply with the Butler County Municipal Waste
Management Ordinance as regards the licensing of collectors and the
transportation of waste to the County-designated disposal facility.
All authorized collectors shall be responsible for the collection
of any fees or charges for municipal waste collection and disposal
services provided to residential, commercial, institutional, municipal
and industrial sources within the Borough.
A.Â
Persons in residential establishments
shall separate recyclable materials from other waste. Recyclable materials
shall be placed at the curbside. Recyclable materials shall be prepared
for collection according to Borough or County guidelines and shall
be placed in containers provided by the Borough or cut and baled,
tied, bundled, stacked or packaged in compliance with the guidelines.
(1)Â
All containers provided to
residential establishments for recyclable materials shall be the property
of the Borough and shall be used only for the storage and collection
of recyclable materials. Any resident who moves shall be responsible
for leaving the container within the residence or shall pay the replacement
cost of said container.
(2)Â
Use of the allocated recycling
container for any purpose other than the recycling program shall be
a violation of this chapter.
B.Â
An owner, landowner or agent of
the owner or landlord of a multifamily housing property with three
or more units shall comply with its recycling responsibilities by
establishing a collection program for the tenants at each property.
The collection system shall include suitable containers, provided
by the owner, landlord or agent, for sorting and collection of recyclable
materials. The container 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)Â
Owners, landlords or agents
of multifamily property who are in compliance with this chapter shall
not be liable for noncompliance by the occupants of their property.
(2)Â
Owners, landlords or agents
of multifamily property who have recyclable materials collected by
a collection firm other than the Borough or its designated collector(s)
shall submit an annual report to the Borough reporting the tonnage
of materials recycled during the previous year.
(3)Â
Commercial, institutional,
municipal establishments and community activities shall separate materials
as may be designated by the Borough, and shall store the recyclable
materials until collection. These establishments may be exempted from this
chapter if the establishments have otherwise provided for the recycling
of materials specified in this chapter and provide documentation to
the Borough annually indicating the designated recyclable materials
are being recycled and indicating the tonnage of materials recycled
during the previous year.
(a)Â
It shall be the responsibility
of each establishment and community activity to submit an annual report
to the Borough reporting the tonnage of materials recycled by the
establishment or activity during the previous year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
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.
B.Â
No person
shall place in any municipal solid waste a "covered device" or any
of its components as defined under the Pennsylvania Covered Device
Recycling Act, 35 P.S. § 6031.101 et seq.
All recyclable materials placed at curbside become the property
of its authorized collector except as provided below:
A.Â
Any person may donate or sell
recyclable materials to individuals or organizations authorized by
the Borough. The recyclable materials shall be either delivered to
the individual organization site or may be placed at the curb for
collection by said individual or organization. If placed at the curb,
the individual or organization shall not collect recyclable materials
on days designated as municipal collection days.
B.Â
Any person who donates or sells
recyclable materials shall not receive a discount in waste collection
fees paid to their collector.
A.Â
The Borough officials or their
designated representatives shall be responsible for the enforcement
of the provisions of this chapter.
B.Â
The Borough may enter into an
agreement with public or private agencies or firms to authorize said
agencies or firms to collect all or part of recyclable materials placed
at curbside or at another designated site.
The Borough Officials of the Borough of Prospect or their designated
representative shall be responsible for the enforcement of the provisions
of this chapter. The Borough officials are authorized by this chapter
to enact reasonable rules and regulations for the operation of this
chapter including, but not limited to:
A.Â
Designating recyclable materials
to be separated by residential establishments and designating additional
recyclable materials to be separated by commercial, institutional
and municipal establishments.
B.Â
Establishing collection procedures
for recyclable materials.
C.Â
Establishing reporting procedures
for volumes of materials recycled.
D.Â
Establishing procedures for the
distribution, monitoring and collection of recycling containers.
E.Â
Establishing procedures and rules
for the collection of yard waste.
A.Â
Any person, firm or corporation
who shall violate the provisions of this chapter and its rules and
regulations shall receive an official written warning of noncompliance
for the first offense.
C.Â
Any person who violates or permits
a violation of this article shall, upon conviction in a summary proceeding
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. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this chapter in equity in the Court of Common Pleas of
Butler County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
