The short title of this chapter shall be the "Borough of Sinking Spring Municipal Solid Waste Ordinance," and the same may be cited in that manner.
[HISTORY: Adopted by the Borough Council of the Borough of Sinking Spring 10-7-2021 by Ord. No. 646. Amendments noted where applicable.]
The following words and phrases throughout this chapter shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Production Act of 1988, 53 P.S. § 4000.101 et seq.
All food and beverage containers consisting of aluminum, excluding aluminum foil, trays, plates and miscellaneous aluminum products.
The residue generated from the burning of wood or coal in dwellings, hotels, stores and churches.
Food and beverage containers which consist of a steel (ferrous) cylinder bottom and an aluminum top.
The Borough of Sinking Spring.
An establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics, shows and organized sporting events attended by 200 or more individuals per day.
One or more rooms in a residence or dwelling, which room or rooms have fixed cooking facilities arranged for occupancy by one, two or more persons living together or one family. This definition includes multiple-family dwellings.
Spoiled or waste food that is thrown away, generally defined as "wet food waste."
All empty bottles, jars and other containers made of clear, green or brown glass. This includes all food and beverage containers made of glass. Excluded are blue glass, ceramics, light bulbs, pottery and flat glass commonly known as window or plate glass.
An establishment engaged in service, including but not limited to hospitals, schools, nursing homes, day-care centers and prisons.
Includes, but is not limited to, automotive, truck and industrial batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and similar materials, but not including grass clippings.
Newspaper, cardboard, office paper, magazines, junk mail and paper commonly having printed thereon news and other matters of public interest.
Any properties having two or more dwelling units per structure.
Public facilities operated by the Borough and other governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or 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 in the Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
The entity or entities licensed pursuant to Pennsylvania Act 90 and/or permitted by the Borough to collect municipal solid waste and/or recyclable materials from residences within the Borough, or authorized by residents, commercial, municipal and institutional establishments that do not receive collection services from the Borough to collect municipal solid waste and/or recyclable materials from those properties.
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
All food, beverage and detergent containers comprised of the following resins: No. 1 through No. 6.
Those materials specified by Borough for separation, collection, processing, recovery or reuse as part of a recycling program.
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste 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.
Any occupied single-family dwelling for which the Borough provides municipal waste collection service.
Materials that are separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, mixed paper, newsprint, corrugated paper, plastics and other marketable grades of paper.
All food and beverage containers consisting of steel.
The ongoing effort of the Borough to inform the general public concerning the requirements of this chapter.
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
Leaves, garden residues, grass clippings, tree trimmings, chipped shrubbery and other vegetative material.
No person shall dispose of municipal solid waste in the Borough, except in accordance with this chapter. It shall be the responsibility of the property owner to make sure that all municipal solid waste which is disposed of from his/her or its property is done so in accordance with the regulations in this chapter.
A.
Every occupant or owner of a dwelling unit or eligible commercial establishment in the Borough shall dispose of all his/her/its municipal solid waste in a clean and sanitary manner by placing it in the containers required by this chapter.
B.
Garbage shall be drained free of liquids and wrapped securely in paper and shall be placed for collection, mixed with the municipal solid waste, in waterproof covered containers. Such containers shall be kept clean and disinfected. The Borough may refuse to collect undrained garbage of a liquid or semiliquid nature, unwrapped or improperly contained.
C.
Municipal solid waste shall be stored and placed out for collection in waterproof metal or plastic containers or bags which shall not exceed a capacity of 35 gallons. All containers shall be provided with tight-fitting lids which are windproof, ratproof and fly-proof. The lid shall not, however, be roped, chained or permanently affixed to the container unless hinged by the factory.
D.
Paper, including cardboard and material of like nature, shall be separated from the municipal solid waste and must be securely tied or bailed together with suitable cord or placed in a combustible bag or box, which box or receptacle shall be collected and recycled with the paper as recyclable material.
E.
No municipal waste container, including the contents thereof, shall exceed 50 pounds.
F.
No live coals or fire shall be placed in any container or placed out for collection.
G.
No infectious or disease-bearing waste, inflammables or explosives, or human feces shall be placed in any container or placed out for collection.
H.
No chemicals, oils, pesticides, herbicides or hazardous waste, as these terms are defined by the Department of Environmental Protection or the Environmental Protection Agency, shall be placed out for collection.
I.
No deposit of ashes or other municipal solid waste shall be made in any street, lane, alley or upon any open space or ground or in any creek within the limits of the Borough.
J.
The container or bags for the purpose of disposing of solid waste shall be provided by the person disposing the waste or by the supplier upon agreement with the person disposing of the waste. The Borough shall not be required to provide the container or bags for disposal.
A.
Municipal solid waste shall be collected from each qualified unit at least once a week, as specified by the Borough.
B.
Owners or occupants of each property in the Borough shall be required to pay for and to receive municipal solid waste collection once each week by the Borough or its authorized agent. Those properties which require more than the equivalent of six 35-gallon trash bags or trash cans for the disposal of municipal solid waste will be required to employ a private collector. When it is determined by the Code Enforcement Officer, or the designated officer for the Borough, that the amount of municipal solid waste set out for public collection exceeds this amount on any regular basis, the Code Enforcement Officer, or the designated officer, shall notify the property owner that the Borough, or its authorized representative, will cease further collections for the concerned property and that the property owner will be required to make arrangements to have a private permitted collector assume such collections.
C.
Anyone that is required to employ a private collector shall pay a fee as set by resolution of Borough Council per year for a permit and shall submit waste disposal receipts within 10 days of each written request by the Borough for such receipts. Persons who are permitted to use private permitted collectors shall have at least one collection a week or more often as necessary to protect the public health and safety, with more frequent collections if, in the opinion of the Code Enforcement Officer or the designated officer of the Borough or the Fire Chief, the public health and safety so require it. The Borough will not collect any municipal solid waste from properties which are permitted to employ a private permitted collector.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Municipal solid waste shall be collected from the curb on the days specified by Borough regulations. Containers shall be set out no later than 5:00 a.m. on the day of collection and not earlier than 12:00 noon of the day preceding collection. Empty containers will be taken inside the property lines not later than 12:00 midnight of collection day.
E.
The vehicles of those collectors who have contracted with the Borough to remove municipal solid waste from certain residences will not enter private property for the purpose of collecting municipal solid waste without a legal release from damages signed by the owner of such property. Releases will be obtained if the Borough-contracted vehicles enter such property. Property and accesses thereto must be large enough so as not to impede or delay the movements of the Borough-contracted vehicles. The contractor shall operate his vehicles within the Borough so as to cause the least possible noise or disruption to traffic flow on Borough streets.
F.
Collections which fall on legal holidays will be collected on the following day or as advertised by the Borough.
G.
Designated recyclable materials shall be collected from each property weekly, as specified by the Borough.
H.
No more than six 35-gallon trash bags or trash containers shall be permitted to be placed for collection in any week.
Any person owning or occupying any building, lot or premises shall not allow any municipal solid waste to collect or remain upon said property; provided, however, that this prohibition shall not be construed as interfering with construction under a valid permit during the course of construction and within a reasonable time thereafter or the piling of wood neatly for fireplace or kitchen use. No municipal solid waste shall be permitted to accumulate on the ground nor be deposited on highways, streets, alleys, sidewalks, vacant lots or public grounds nor be thrown into a stream or other body of water.
A.
Persons who utilize private permitted collectors or who are not eligible to have their municipal solid waste collected by the Borough under the terms of this chapter shall have their municipal solid waste collected at least once a week or more frequently when it is determined by the Borough that such additional collections are necessary to protect the public health, safety and welfare. The Borough will not collect any municipal solid waste from any person who utilizes or shall be required to utilize a private permitted collector under the terms of this chapter.
B.
All dumpsters serviced by private permitted collectors for the collection of municipal solid waste as required by this chapter shall comply with the regulations set forth herein and shall be located on private property.
C.
Private permitted collectors shall be permitted to collect, remove and transport municipal solid waste within the Borough on all days of the week except Sunday and the following holidays: New Years' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
D.
Unless otherwise authorized by the Code Enforcement Officer or the designated officer for the Borough, the collection of municipal solid waste shall not commence before 5:00 a.m. and may not continue after 5:00 p.m.
E.
The private permitted collector shall operate their vehicle within the Borough so as to cause the least possible noise or disruption to traffic flow on Borough streets.
Generally, no person other than the Borough-designated municipal solid waste collector shall collect or transport regulated municipal solid waste or designated recyclable materials within the jurisdiction of the Borough, except with the specific written permission of the Borough.
It shall be unlawful for any person not authorized to do so to remove the lid from any municipal solid waste or recycling container or to collect, molest or scatter such materials set out for collection.
The Borough hereby establishes a recycling program for the mandatory separation and collection of recyclable materials by a Borough-designated hauler from all dwelling units and all commercial units located in the Borough. Collection of the recyclable materials shall be made weekly by the Borough and its designated agent. The recycling program shall also contain a sustained public information and education program.
All persons who are residents in the Borough shall separate all of those recyclable materials, as noted in this chapter by the Borough, from all other municipal solid waste produced at their homes, apartments and commercial units, store such materials for collection, and place same for collection in accordance with the guidelines established hereunder.
A.
All recyclable materials within the Borough shall be placed at the curbside in containers provided to residences for collection by the Borough. Containers provided to residences for collection of recyclable materials shall be the property of the Borough and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Borough shall turn the allocated container over to the new property owner or shall pay the replacement cost of said container. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any persons other than the person allocated such container shall be a violation of this chapter.
B.
Designated recyclable material shall consist of the following materials, as they are herein defined, and are prohibited from being burned:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
All recyclable materials for collection shall be prepared for collection in accordance with the following:
(1)
All mixed paper shall be placed in a paper bag or tied in bundles not exceeding 35 pounds in weight nor exceeding one foot in thickness.
(2)
Glass and plastic containers shall have caps and lids removed.
(3)
Glass, plastic and cans shall be placed in a commingled container.
(4)
Materials must be placed at the curbside no later than 5:00 a.m. on the date scheduled for collection. The bundled newspapers and commingled glass and cans shall be placed at the curbside for collection adjacent to one another.
A.
All persons within the Borough who are not residing in dwellings and/or who are not served by curbside collection as set forth by this chapter shall source-separate and arrange for the collection for recycling of all designated recyclables within 30 days of the effective date of this chapter. Those who are served by curbside collection shall comply with the residential separation and collection requirements set out in § 163-11 above.
B.
Designated recyclables for the mandatory commercial, institutional and community events source separation program shall consist of the following materials and are prohibited from being burned:
C.
Other recyclable materials may be designated by the Borough 30 days after said designation and publication of notice in a newspaper of general circulation within the Borough.
D.
The arrangement for collection of designated recyclable materials for disposition hereunder shall be the responsibility of the person who generates recyclables or the person contractually obligated to the generator to arrange for collection and disposal of its designated recyclable materials.
E.
Provide quarterly reports to the Borough, in writing, of the number of tons of such material recycled. Such reports shall be made within the first week of the months of January, April, July and October, for the preceding quarter.
All recyclable materials placed by persons for collection by the Borough or authorized collector pursuant to this chapter shall, from time of placement at the curb, become the property of the Borough. Nothing contained in this chapter shall be deemed to impair the ownership of separated recyclable materials by persons unless and until such materials are placed at the curbside for collection.
A.
Disposal by persons of recyclable materials with municipal solid waste is prohibited and shall be a violation of this chapter. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited unless a prior exemption is obtained, in writing, from the Borough prior to the incineration or landfilling thereof.
B.
It shall be unlawful for any person to burn any material required to be recycled under this chapter or Pennsylvania Act 101 at any place within the Borough.
The Borough or, at the direction of the Borough, the designated contractor collecting municipal solid waste generated within the Borough may refuse to collect municipal solid waste from any person who has clearly failed to source-separate recyclable materials designated under an applicable section of this chapter. In that event, the Borough reserves the right to declare that such person is in violation of this chapter and subject to the penal provisions thereof.
A.
The Borough has instituted a yard waste collection program. Residents may place leaves along the edge of public streets along the curbline for collection by the Borough during the leaf collection season of October until December. Residents who need assistance transporting yard wastes to the Sinking Spring yard waste dropoff site may contact the Borough Public Works Director at the Borough's office to request assistance and schedule an appointment.
B.
All yard wastes shall be placed in approved paper recycling bags.
C.
All yard waste must be separated, leaves, grass clippings, branches and the like must each be placed in separate recycling bags. Branches must be tied in bundles not exceeding six feet in length and not exceeding 50 pounds in weight.
A.
Nothing contained in this chapter shall be construed to interfere with or in any way modify the provisions of any existing contract which is consistent with the laws of the Commonwealth of Pennsylvania and in force in the Borough on the effective date of this chapter.
B.
No renewal of any existing contract upon the expiration of the original terms thereof and no new contract for the collection, transportation, processing or purchase of solid waste or recyclable shall be entered into after the effective date of this chapter unless such renewal or such contract shall conform to the requirements of this chapter.
A.
General. Citations and other enforcement actions concerning this chapter may be taken and/or issued by the Borough's Code Enforcement Officer, Borough Secretary or police officers of the Borough for violations by property owners, tenants or collectors.
B.
Summary offense.
(1)
Whoever violates any provision of this chapter shall, upon conviction, be guilty of a summary offense and be fined not more than $1,000 per violation along with the cost of prosecution. Each day's violation of any provision of this chapter shall constitute a separate offense. In default of the payment of such fine and cost, the person shall undergo imprisonment for a period of not more than 30 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Ticketing option. Borough officials, as set forth above, vested with authority to issue citations, may, in lieu of filing summary citations with the appropriate Magisterial District Judge, instead issue local municipal tickets as set forth below, which fee schedule may be amended by resolution of the Borough:
(3)
The above schedule shall be enforced on a calendar-year basis.
(4)
In the event that the alleged violator does not pay the local municipal tickets so noted above within 10 calendar days from its issuance date, Borough officials may proceed with the filing of a summary citation.