[HISTORY: Adopted by the Borough Council of the Borough of Evans City: Art. I, 9-1-1992 as Ord. No. 431 (Art. 1107 of the 1976 Code); Art. II, 9-1-1992 as Ord. No. 432 (Art. 1109 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 74.
Property maintenance — See Ch. 139.
Junked vehicles — See Ch. 171.
[Adopted 9-1-1992 as Ord. No. 431 (Art. 1107 of the 1976 Code)]
The following words and phrases as used in this article shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
AUTHORIZED COLLECTOR
A person, firm, partnership, corporation or public agency authorized by the municipality or county to collect municipal waste from residential, commercial, municipal and institutional establishments.
BULKY WASTE
Large waste items, including but not limited to appliances, auto parts, furniture and trees, branches or stumps which require collection in other conventional compactor waste collection vehicles.
COLLECTOR
See "authorized collector."
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing four or more dwelling units.
DETACHABLE CONTAINER
Any metal bin or container which may be mechanically lifted and emptied into a collection vehicle.
HAULER
See "authorized collector."
INDUSTRIAL ESTABLISHMENT
Facilities engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries and mining.
INSTITUTIONAL ESTABLISHMENT
Facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and colleges.
MULTIFAMILY HOUSING
Properties having four or more dwelling units per structure.
MUNICIPALITY
The Borough of Evans City.
MUNICIPAL WASTE
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.
PERSON
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.
RECYCLING
Separation, collection, processing, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed of as solid waste.
SCAVENGING
Unauthorized or uncontrolled removal of solid waste materials placed for collection or removal from a solid waste processing or disposal facility.
SOLID WASTE
Garbage, refuse and other discarded solid materials, including but not limited to solid waste materials resulting from industrial commercial and agricultural operations and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as "solid waste."
STORAGE
The containment of any waste on a temporary basis in such a manner as to not constitute disposal of such waste.
YARD WASTE
Prunings, grass clippings, weeds, leaves and general yard and garden wastes.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
Any person generating municipal waste shall provide sufficient approved containers for storing all waste materials. Containers shall be kept in a sanitary condition at all times.
B. 
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1) 
Waste shall be drained of all liquids.
(2) 
Food containers shall be rinsed free of food particles and drained before placed in storage containers.
(3) 
The municipality reserves the right to modify the preparation and storage procedures to facilitate the collection and recovery of certain waste materials.
C. 
All municipal waste shall be stored in containers approved by the municipality and shall comply with the following standards:
(1) 
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant materials. Any cracked or rusted container shall be condemned by the municipality, tagged as a public nuisance and removed from the property before the next collection day.
(2) 
Reusable containers for residences shall have tight-fitting covers, have suitable lifting handles and shall have a capacity of not less than 10 gallons nor more than 40 gallons. If mechanical bins or detachable containers are in use, the municipality may waive these standards.
(3) 
Disposable plastic bags or sacks are acceptable containers, provided that 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) 
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.
D. 
Any person storing municipal waste for collection shall comply with the following storage standards:
(1) 
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) 
Containers shall be covered or sealed at all times and waste shall not protrude or extend above the top of the containers.
(3) 
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) 
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.
E. 
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 article. 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 municipality.
A. 
All generators of municipal waste in the municipality shall contract for the collection of disposable waste and recyclable items, as follows:
(1) 
All residential properties shall use an authorized collection service unless they prove to the municipality that they have made alternative arrangements consistent with this article.
(2) 
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.
B. 
Collection service shall be provided in compliance with the following standards:
(1) 
All residential waste shall be collected at least once each week with 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) 
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 control health hazards, odors or unsightly conditions.
(3) 
All recyclable materials shall be collected at least once each month and in accordance with the municipality's Recycling Ordinance.[1]
[1]
Editor's Note: See Article II, Recycling, of this chapter.
(4) 
Each authorized collector shall establish a regular collection schedule in the municipality and shall so notify the municipality of the days and times. If a regular collection day falls on a holiday, the collector shall notify all customers and the municipality as to when collection will be made.
(5) 
All waste collection activity shall be conducted from Monday through Saturday between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, unless prior approval for an exception has been granted by the municipality for reasons of public health and safety. No collection service shall be permitted on Sunday.
C. 
All authorized collectors operating within the municipality shall comply with the Butler County Solid Waste Management Ordinance as regards the licensing of collectors and the transportation of waste to the county-designated disposal facility.[2]
[2]
Editor's Note: Original Sections 1107.04, Regulation of authorized contract collectors, and 1107.05, Regulation of private collectors, both of which immediately followed this section, were deleted 8-1-1994 by Ord. No. 456 since they did not contain provisions but were only reserved for future use.
A. 
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 municipality.
B. 
The municipality may establish fees and deposits for services and products from time to time by resolution.[1]
[1]
Editor's Note: See Chapter A200, Fees.
A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality any garbage, rubbish, bulky waste, municipal or residual waste except in accordance with the provisions of this article and any Pennsylvania Department of Environmental Resources Rules and Regulations adopted pursuant to Act 97 of 1980.[1]
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
It shall be unlawful for any person to burn any solid waste within the municipality except in a manner and under conditions prescribed by the municipality, and such burning shall be in accordance with the pertinent rules and regulations of the commonwealth.[2]
[2]
Editor's Note: See also Ch. 74, Burning, Open.
C. 
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the municipality without first securing a license from the county.
D. 
It shall be unlawful for any person to use, maintain or operate an open dump except that agricultural wastes may be spread in layers and plowed under, and individuals may compost their own yard's waste.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes except at a properly permitted facility in which salvage is an integral part of the operation.
The collection of municipal solid waste in the municipality and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated by the governing body; provided, however, that such rules and regulations shall not be contrary to the provisions of this article or applicable law.
[Adopted 8-1-1994 by Ord. No. 456]
Any person who violates any provision of this article shall, upon conviction, be guilty of a summary offense which is punishable by a fine of not less than $25 nor more than $600 or, in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.
[Adopted 9-1-1992 as Ord. No. 432 (Art. 1109 of the 1976 Code)]
The following words and phrases as used in this article shall have the meanings ascribed to them herein, unless the context clearly indicates a different meaning:
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 1988-101, July 28, 1988).[1]
ALUMINUM
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.
BIMETALLIC CONTAINERS
Empty food or beverage containers consisting of ferrous sides with aluminum top and bottom. A container is "bimetallic" if a magnet sticks to the side but not the ends.
COLLECTOR
Any person, firm, partnership, corporation or public agency authorized by the municipality to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing four or more dwelling units.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Containerboard cartons, Kraft linerboards and shipping boxes with corrugated paper medium. This definition also includes Kraft (brown) paper bags.
GLASS CONTAINERS
Empty bottles and jars made of clear, green or brown glass. This definition does not include noncontainer glass, window glass, blue glass and porcelain, ceramic products and light bulbs.
HIGH-GRADE OFFICE PAPER
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.
INSTITUTIONAL ESTABLISHMENT
Facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and colleges.
LEAD ACID BATTERIES
Automotive, truck and industrial batteries that contain lead.
MULTIFAMILY HOUSING
Properties having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Borough of Evans City and other governmental and quasi-governmental agencies.
MUNICIPALITY
The Borough of Evans City.
MUNICIPAL WASTE
As defined by Act 101.
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.
PERSON
Owners, lessees and occupants of residences, commercial, municipal or institutional establishments.
PLASTICS
High-density polyethylene such as plastic containers for milk, container plastics, including resealable containers, food containers, household product containers, polyethylene terephthalate (PET) soda bottles, beverage containers and other plastic products.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Borough of Evans City or by the county to be recycled. "Recyclable materials" may include clear glass, colored glass, aluminum, steel and bimetallic containers, high-grade office paper, newspapers, corrugated paper, yard waste, plastics and any other items selected by the municipality or county or specified in amendments to Act 101.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, yard 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.
RESIDENTIAL ESTABLISHMENT
Any occupied single-family, duplex or multifamily dwelling of three units or fewer for which a municipal or private hauler collects municipal waste.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for the purpose of being recycled.
STEEL CONTAINERS
All coated (tin, zinc, etc.) and other empty ferrous food and beverage containers, including alloyed materials. This definition also includes ferrous and alloyed ferrous scrap materials derived from iron and stainless steel and white goods (large appliances).
YARD WASTE
Leaves, garden residues, shrubbery and tree trimmings, grass clippings and similar material.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[Adopted 8-1-1994 by Ord. No. 456]
The Borough of Evans City hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation and composting of yard waste from all residences, commercial, municipal and institutional establishments located in the Borough of Evans City. Recyclable materials shall be collected at such times and dates at least once per month as may be hereinafter established by regulation.
A. 
Persons in residential establishments shall separate recyclable materials from other waste. Recyclable materials shall be placed at the curbside or at a site designated by the municipality. Recyclable materials shall be prepared for collection according to municipal or county guidelines and shall be placed in containers provided by the municipality or cut and baled, tied, bundled, stacked or packaged in compliance with the guidelines.
(1) 
All containers provided to residential establishments for recyclable materials shall be the property of the Borough of Evans City 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) 
Use of the allocated recycling container for any purpose other than the recycling program shall be a violation of this article.
B. 
An owner, landlord or agent of the owner or landlord of a multifamily housing property with four 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 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 property who are in compliance with the Article shall not be liable for noncompliance by the occupants of their property.
(2) 
Owners, landlords or agents who have recyclable materials collected by a collection firm other than the municipality or its designated collector(s) shall submit an annual report to the municipality reporting the tonnage of materials recycled during the previous year.
C. 
Commercial, institutional and municipal establishments and community activities.
(1) 
Commercial, institutional and municipal establishments and community activities shall separate high-grade office paper, aluminum, corrugated paper, yard waste and such other materials as may be designated by the Borough of Evans City and shall store the recyclable materials until collection. These establishments may be exempted from this article if the establishments have otherwise provided for the recycling of materials specified by this article and provide documentation to the Borough of Evans City annually indicating the designated recyclable materials are being recycled and indicating the tonnage of materials recycled during the previous year.
(2) 
It shall be the responsibility of each establishment and community activity to submit an annual report to the Borough of Evans City reporting the tonnage of materials recycled by the establishment or activity during the previous year.
All owners, lessees or occupants of any residential, commercial, institutional, multifamily, or municipal properties in the Borough of Evans City shall separate yard waste from other waste. (The Borough of Evans City may specify by regulation the disposition of yard waste.)
No person shall place a used lead battery in municipal waste, discard or otherwise dispose of a lead battery except by delivery to a designated facility authorized under the laws of Pennsylvania.
All recyclable materials, when placed at the curbside, become the property of the Borough of Evans City until removed by its authorized collector except as provided below:
A. 
Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough of Evans City. 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. 
Any person who donates or sells recyclable materials shall not receive a discount in waste collection fees paid to their collectors.
The Borough of Evans City 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 of Evans City officials are authorized by this article to enact reasonable rules and regulations for the operation and enforcement of this article, including but not limited to:
A. 
Designating recyclable materials to be separated by residential establishments and designating additional recyclable materials to be separated by commercial, institutional and 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 procedures and rules for the collection of yard waste.
F. 
Establishing procedures for the enforcement of the provisions of this article.
A. 
Any person, firm or corporation who or which shall violate the provisions of this article and its rules and regulations shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
[Adopted 8-1-1994 by Ord. No. 456]
B. 
Upon conviction of violation of the provisions of this article, such person shall pay a penalty of not less than $25 nor more than $600, plus costs of prosecution, for each and every offense or, in default of payment of such fine, shall be imprisoned for a period of not more than 30 days, or both.
[Adopted 8-1-1994 by Ord. No. 456]
C. 
Collection by unauthorized persons.
(1) 
It shall be a violation of this article to collect recyclable materials unless such collection firm, person or corporation is licensed by the county or is authorized by the Borough of Evans City as provided for in § 146-15.
(2) 
Unauthorized collection of recyclable materials for one or more residential, commercial, institutional or municipal establishments on one calendar day shall constitute a separate and distinct offense punishable as provided in this section.
D. 
Failure to separate recyclables. It shall be a violation of this article for any person to mix recyclable materials with other wastes for collection and disposal purposes.