The following words and phrases as used in this Part shall have the
meanings ascribed herein, unless the context clearly indicates a different
meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act, an Act of July 28, 1988, P.L. 556, No. 101, as amended, at 53
P.S. § 4000.101 et seq., and applicable provisions of the
County Code, Act of August 9, 1955, P.L. 323, 16 P.S. § 101
et seq., as may be amended.
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980), as may be amended.
AGRICULTURAL WASTE
Poultry and livestock manure or residual materials in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided that such
waste is not hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests
or other agricultural lands.
ALUMINUM
Empty all-aluminum beverage or food cans.
APPROVED REUSABLE CONTAINER
Shall be not larger than 96 gallons nor smaller than 32 gallons
and constructed of durable, watertight, rust- and corrosion-resistant
material, such as plastic, metal or fiberglass, in such a manner as
to be leakproof, insect-proof and rodent-proof, have lifting handles
and a lid. Residences required to participate in the municipal solid
waste collection service shall use an approved reusable container
for storage and collection of special disposable bags.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and
aluminum. Unlined bimetal containers are recyclable.
BIWEEKLY PICKUP
Curbside collection of recyclable materials once every two
weeks.
BOROUGH
The Borough of Stroudsburg.
BULK CONTAINER
Any container meeting the minimum standards established by
the National Sanitation Foundation with a capacity of over 96 gallons.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
CONSTRUCTION AND DEMOLITION WASTE
All building materials, lumber, grubbing waste and rubble
resulting from construction, remodeling, repair and demolition operations
on structures and pavements.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSE or DISPOSAL
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged to
the waters of the Commonwealth of Pennsylvania.
DOMESTIC WASTE or HOUSEHOLD REFUSE
Waste, comprised of garbage and rubbish, which normally originates
in the residential uses and is not construction, demolition, institutional,
industrial or hazardous waste.
DWELLING UNIT
One or more rooms, including a kitchen (or kitchenette) and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
FERROUS CONTAINERS
Empty steel or tin-coated steel food or beverage containers.
Unlined ferrous containers are recyclable.
GARBAGE
A component of domestic waste or household refuse which is
any putrescible solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
HAULER or PRIVATE COLLECTOR
Any person, firm, co-partnership, association or corporation
who or which has been licensed as required by law to collect, transport
and dispose of solid waste as herein prescribed.
HAZARDOUS WASTE
Any hazardous substance, pollutant or contaminant as defined
in Section 101(14) and (330) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), 42 U.S.C.A. § 9601(14)
and (33), or 40 CFR Part 302; any hazardous substance, hazardous waste
or solid waste, as those terms are defined in applicable state or
local law; any substances containing petroleum as that term is defined
in Section 9001(8) or 40 CFR 280.1; or any other substance for which
any governmental entity requires special handling in its collection,
storage, treatment or disposal. These wastes cannot be disposed of
in the Borough's municipal solid waste collection service. Any product
which is labeled "warning," "caution," "poisonous," "toxic," "flammable,"
"corrosive," "reactive" or "explosive" should be considered hazardous.
In addition to the aforementioned, hazardous waste shall also include
paints, stains and finishes, oil-based solvents, herbicides and pesticides.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and industrial establishments and in residences.
HOMEOWNERS' ASSOCIATION (HOA)
An organization for the governance of a subdivision, planned
community or condominium or any form of other group residential ownership
which makes and enforces rules for the properties and their residents.
An HOA shall be deemed a private community as described herein. "HOA"
shall include property owners' associations.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment or facility engaged in service, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
LARGE BULK ITEM
Large bulk items shall be one piece or section of furniture
or one appliance that will not fit into a mobile refuse cart or a
special disposable bag. Any appliances containing Freon shall have
the Freon removed in accordance with all applicable state and federal
laws, with the appropriate tag attached prior to being picked up.
Large bulk items shall not include auto parts, lead acid batteries,
televisions, monitors or recyclable materials of any kind or a container
of any kind with components of solid waste inside. Size of a large
bulk item may be limited by the Borough's contracted hauler.
LARGE BULK ITEM TAG
An identification tag purchased from the Borough allowing
for additional large bulk items to be placed out for collection; a
separate tag is required for each additional large bulk item.
LAW ENFORCEMENT
Any federal, state or local agency that enforces laws, investigates
crimes and makes arrests, including but not limited to the Stroud
Area Regional Police, the Monroe County Municipal Waste Authority,
the Pennsylvania State Police, the FBI, DEA, ATF and any designated
representative of the Borough of Stroudsburg.
LEAD ACID BATTERIES
Includes, but is not limited to automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, but not including
grass clippings.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
MOBILE REFUSE CART
A plastic mobile cart provided to residents required to participate
in the municipal solid waste collection service for the collection
and storage of domestic waste and shall be 32, 64 or 96 gallons.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough and other governmental
and quasi-governmental entities or organizations.
MUNICIPAL SOLID WASTE COLLECTION SERVICE USER FEE
The fee established in order to offset the costs of providing
the municipal solid waste collection service and recycling collection
and processing services to residences in the Borough of Stroudsburg.
MUNICIPALITY
The Borough of Stroudsburg, Monroe County, Pennsylvania.
NEWSPAPERS
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. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
NONRECYCLABLE MATERIAL
Materials are not readily recyclable; the following are examples
of nonrecyclable materials:
A.
Nonrecyclable paper/cardboard: wrapping paper that is laminated
or contains foreign materials such as foil coatings or glitter, photographic
film, microwave containers, hardcover books, frozen food boxes, thermal
fax paper, carbon paper, blueprints, aluminum foil boxes, binders
and pizza boxes.
B.
Nonrecyclable plastic consumer items: some food storage containers,
dishware, vinyl, disposable diapers, toys, Formica®, fiberglass, foam materials, and plastics attached to other materials
such as kitchenware or auto parts.
C.
Nonrecyclable glass: noncontainer glass, plate glass, automotive
glass, light bulbs, blue glass and porcelain and ceramic products.
D.
Other waste: ashes, soil, animal feces and carcasses, dirt,
furniture, mattresses, and insulation.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency or any other legal entity which
is recognized by law as the subject of rights and duties. In any provisions
of this Part 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 or any person legally responsible for the conduct of
that entity.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Borough may stipulate specific types
of plastic which may be recycled.
PRIVATE COMMUNITY
A residential area with privately owned roads, streets or
alleys that is governed by a homeowners' association or other similar
cost-sharing organizations for the maintenance of the privately owned
streets, roads or alleys.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of domestic waste or used to convert part or all of such waste
materials for off-site reuse. Processing facilities include but are
not limited to transfer facilities, composting facilities and resource-recovery
facilities.
PUBLIC NUISANCE
A.
Annoyance or discomfort to persons beyond the boundaries of
that property;
B.
Interference with the health and/or safety of persons beyond
the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or
C.
Disturbance to or interference with the peaceful use of the
property of others within the Borough or any case taking into consideration
the location of the use or condition and the nature and condition
of the surrounding neighborhood.
RECYCLABLE MATERIALS
A.
Materials generated by residences and commercial, municipal,
industrial and institutional establishments which are specified by
the Borough and can be separated from solid waste and returned to
commerce to be reused as a resource in the development of useful products.
Recyclable materials may include but are not necessarily limited to
clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade
office paper, newsprint, corrugated paper, plastics, televisions,
monitors and any other items selected by the Borough or specified
in future revisions to Act 101. The recyclable materials selected
to be recycled by the Borough may be revised from time to time as
deemed necessary by the Borough.
B.
Hazardous waste when conducted in conjunction with the Monroe
County Municipal Waste Authority under their rules and regulations.
RECYCLING
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 solid waste or the mechanized
separation and treatment of solid waste (other than through combustion)
and creation and recovery of reusable materials.
RECYCLING COLLECTOR
The Twin Boroughs Recycling Center as authorized by Borough
ordinance to collect recyclable materials from residences, or other
entities authorized by commercial, industrial and institutional establishments
that do not receive collection services from the Borough to collect
recyclable materials from those properties.
RECYCLING CONTAINERS
Buckets or bins provided by the Borough or designated by
the Borough for the source separation of recyclable materials.
RESIDENCES
Any single-family or multifamily dwelling structure having
no more than four dwelling units per structure and which are not private
communities.
RUBBISH
A component of domestic waste that is all nonputrescible
solid waste except garbage and other decomposable matter. This category
includes but is not limited to ashes, bedding, nonrecyclable cardboard,
cans, crockery, glass, paper and large bulk items and shall not include
hazardous waste.
SCAVENGING
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility
or from a recycling processing facility.
SEWAGE TREATMENT RESIDUES
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumping from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
SOLID WASTE
Any waste, including but not limited to municipal, residual,
institutional, industrial, yard waste or hazardous wastes, including
solid, liquid, semisolid or contained gaseous material.
SPECIAL DISPOSABLE BAG
Disposable bags available for purchase from the Borough for
any refuse in addition to a leased mobile refuse cart. Special disposable
bags will be available for purchase Monday through Friday from 8:00
a.m. to 5:00 p.m.
STORAGE/CONTAINMENT
The storage/containment of all solid waste shall be practiced
so as to prevent the attraction, harborage or breeding of insects
or rodents and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness or public nuisances;
the containment of any waste on a temporary basis in such a manner
as not to constitute disposal of such waste, in accordance with all
applicable laws, Department rules and regulations adopted pursuant
to Act 97 and the Monroe County Municipal Waste Management Plan and
Act 101 and the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA).
TRANSFER STATION
Any supplemental transportation facility used as an adjunct
to solid waste collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.
YARD WASTE
Noncomposted tree trimmings, branches, shrubs and grass clippings.