[HISTORY: Adopted by the Board of Commissioners of the Township of Butler as indicated in article histories. Amendments noted where applicable.]
Article I Recycling
Article II Collection and Disposal
[Adopted 8-27-1990 by Ord. No. 695]
The short title of this article shall be "the Butler Township Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the following meanings:
- Empty all-aluminum beverage or food cans.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- The entity or entities authorized by the Township to collect recyclable materials from residences, or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes, and those multiple-dwelling residential buildings containing more than two dwelling units.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Empty steel or tin coated food or beverage containers.
- 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.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
- LEAD ACID BATTERIES
- Automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, clipped shrubbery and tree trimmings, 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.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having more than two dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Township and other governmental and quasi-governmental authorities.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of 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 or air pollution control facility. The term does not include source-separated recyclable materials.
- The Township of Butler.
- 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.
- Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Township may stipulate specific types of plastic which may be recycled.
- RECYCLABLE MATERIALS
- Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Township and can be separated from municipal 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, and any other items selected by the Township or specified in future revisions to Act 101. The recyclable materials selected by the Township may be revised from time to time as deemed necessary by the Township.
- 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 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 or multifamily dwellings having no more than two dwelling units per structure for which the Township provides municipal waste collection service.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- 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 Resources for beneficial use.
The Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials from all residences and all commercial, municipal and institutional establishments and from community activities located in the Township for which waste collection is provided by the Township or any other collector.
The Township further establishes a program for the mandatory separation, collection, composting or other approved method(s) of processing leaf waste. Collection of the recyclable material(s) shall be made at least twice per month by the Township, a designated agent contractor or any other approved solid waste collector operating in the Township and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments or from community activities. The recycling program shall contain a sustained public information education program.
[Amended 10-5-1998 by Ord. No. 765]
The processing of leaf waste shall be done by approved methods, including but not limited to composting or other processing.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
All persons who are residents of the Township shall separate all of those recyclable materials designated by the Township from all other municipal waste produced at their homes, apartments, and other residential establishments, store such materials for collection, and shall place the same for collection in accordance with the guidelines established hereunder.
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Township shall be responsible for leaving the allocated container within the residence or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling container(s) by any person other than the person allocated such containers shall be a violation of this article.
An owner, landlord or agent of an owner or landlord of a multifamily rental housing property with more than two units must comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system.
If recyclable materials are collected by a collector other than the Township or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.
All persons must separate leaf waste from other municipal waste generated at their homes, apartments, residential establishments, commercial and municipal, institutional establishments and from community activities for collection unless those persons have otherwise provided for composting or other approved methods of processing of leaf waste.
Persons must separate high-grade office paper, aluminum, corrugated paper and such other materials as may be designated by the Township generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection if that person submits documentation to the Township annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
If recyclable materials are collected by a collector other than the Township or its authorized agent, the collector shall provide the occupants of said establishments with the tonnage of materials recycled during the previous year. Occupants shall then submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 231-8 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Township or one authorized by the Township Commissioners or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Township or an authorized collector, unless such person, firm or corporation is licensed by the Township and has written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation, shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Township Commissioners or other entity responsible for authorizing collection of recyclable materials to make such a collection.
Disposal by persons of recyclable materials and/or leaf waste with municipal waste is prohibited and shall be a violation of this article. 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 markets do not exist and the collectors or operators have notified the Township Manager, or his designee, in writing.
The Township Commissioners or their designee is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
Establishing collection procedure for recyclable materials.
Establishing reporting procedures for amounts of materials recycled.
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
Establishing procedures and rules for the collection or other processing of leaf waste.
Any person, firm or corporation who shall violate the provisions of this article shall receive an official written warning of noncompliance for the first offense. Thereafter all such violations shall be subject to the penalties hereinafter provided.
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $600, and costs of prosecution for each and every offense, and, in default of payment of such fine and costs, shall be sentenced to imprisonment in the county jail for not more than 30 days.
[Amended 10-5-1998 by Ord. No. 765]
The Township reserves the right not to collect municipal waste containing recyclable materials and/or leaf waste in combination with nonrecyclable materials.
The Township may enter into (an) agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials and/or leaf waste from curbside.
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 231-10.
[Adopted 8-27-1990 by Ord. No. 696]
This article shall be known and referred to as the "Solid Waste Ordinance."
The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
- ACT or ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
- AGRICULTURAL WASTE
- Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, furbearing animals and their products, provided that such waste is not a 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, forest or other agricultural lands.
- BULKY WASTE
- Large items of solid waste, including but not limited to large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
- 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 municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
- The Pennsylvania Department of Environmental Protection (DEP).[Amended 10-5-1998 by Ord. No. 765]
- 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 wastes enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
- DOMESTIC WASTE or HOUSEHOLD WASTE
- Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
- Any 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.
- HAULER or PRIVATE COLLECTOR
- Any person, firm, copartnership, association or corporation who has been licensed by the Township of Butler or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
- HAZARDOUS WASTE
- Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may: cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged n manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, day-care centers, schools and universities.
- The Township of Butler, Butler County, Pennsylvania.
- MUNICIPAL WASTE
- Garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous materials 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 under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
- 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 article 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.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual 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.
- All solid waste materials which are discarded as useless.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law.
- All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper and wood.
- The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
- SEWAGE TREATMENT RESIDUES
- Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings 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, yard waste or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
- TRANSFER STATION
- Any supplemental transportation facility used as an adjunct to solid waste collection vehicles.
- The off-site removal of any solid waste at any time after generation.
- YARD WASTE
- Noncomposted tree trimmings, leaves, branches, shrubs, grass clippings and other products or by-products of vegetative growth.
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.
No person, association, firm, partnership or corporation shall keep or suffer to remain on his or her premises, or on any private property, any garbage, refuse, rubbish, waste material, offal, carcass, putrid matter or other offensive or unwholesome matter, or cast the same upon any lot or piece of ground within the Township, or upon the source or margin of any stream or body of water, or into any sewer inlet or upon any sidewalk in the Township. Nor may any person, firm or corporation use or permit to be used any spot or place within the Township as a public or private dump for garbage, refuse, waste materials or rubbish.
[Amended 6-4-2012 by Ord. No. 866]
It shall be unlawful for any person to burn any solid waste except yard waste within the municipality except in accordance with the provisions of this article and any Department rules and regulations adopted pursuant to Act 97.
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this article and any Department rules and regulations adopted pursuant to Act 97.
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 to do so in accordance with the provisions of this article.
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.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the municipality except as provided in this article.
The storage 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.
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained of free liquids before being placed in storage containers.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
Tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be no more than four feet in length.
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles.
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof, and rodentproof.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons.
Disposable plastic bags or sacks are acceptable containers. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top and shall be securely tied at the top for collection.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.
Containers shall be used and maintained so as to prevent public nuisances.
Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative. Containers shall not be placed at the curb or collection point or side of the road before 7:00 p.m. on the day prior to the pickup.
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
Bulk waste items shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.
The burning of yard waste shall be permitted in accordance with the following standards:
Burning of yard waste is permitted during the months of March, April, September, October and November.
No burning is permitted upon any public street, alley or right-of-way.
No burning is permitted to be any closer than 30 feet from the nearest building and/or 10 feet from any inhabited area, roadway, property line or utility.
All fires must be continually watched until all ashes or burning embers are completely extinguished.
Fires are permitted from sunup until 5:00 p.m., Monday through Saturday. All fires must be completely extinguished.
Editor's Note: Former Subsection G(6), which provided standards for recreational burning, and former Subsection H, added 5-18-1992 by Ord. No. 718, which permitted certain types of burning, were repealed 9-25-2006 by Ord. 821A.
The municipality shall provide for the collection of all garbage, rubbish, and bulky wastes from individual residents and multifamily residential sources with two or less units, or it may contract with a private collector or collectors to provide this essential residential collection service.
All households and homeowners shall utilize the residential collection service provided by the municipality.
All multifamily residential sources (with more than two units), commercial, institutional, and industrial establishments shall negotiate and individually contract collection service with the municipality's collector or any other properly licensed waste hauler of their choice.
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the municipality's collector and payment of any required special fees.
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies, and unsightly conditions. The municipality reserves the right to require more frequent collection when deemed necessary.
Residential collection schedules shall be published regularly by the municipality or its contracted hauler.
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 3:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
All permitted haulers and haulers under contract with the municipality shall comply with the following standards and regulations:
All municipal waste collected within the municipality shall be conveyed by the hauler to a transfer station, processing facility, or disposal site designated as approved by the Department or state regulatory agency.
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97.
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
Notwithstanding anything herein to the contrary, as of the effective date of this subsection, it shall be the duty of each landlord or owner of residential property with three or fewer dwelling units to contract with the collector designated by the Township to collect all garbage, waste and recyclables generated at the premises, such contract to provide for the collector to bill the landlord or the owner directly for the cost of collection and for the landlord or owner to pay for such cost of collection. The duty of the landlord or owner to pay for garbage collection may not be delegated to a tenant or occupant.
[Added 12-19-2011 by Ord. No. 860]
Annual fee schedules (if appropriate) shall be published by the municipality based on any competitively bid residential collection service contract that may be awarded by the municipality.
The municipality's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional, or industrial sources within the municipality.
Whenever any disputes arise between a homeowner and the contractor, the contractor shall be responsible to meet with Township officials and the aggrieved party prior to arbitration. If the dispute is not settled, the contractor may then proceed to arbitration.
In the event of any dispute concerning any of the provisions of this chapter, the dispute shall be submitted to a board of arbitration, consisting of one person selected by the contractor, one person selected by the Township and one other person selected by the first two appointees. Every effort will be made to make a prompt determination of the dispute.
[Amended 10-5-1998 by Ord. No. 765]
The municipality may petition the Court of Common Pleas of Butler County, Pennsylvania for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
[Amended 12-17-1990 by Ord. No. 701; 10-5-1998 by Ord. No. 765; 6-4-2012 by Ord. No. 866]
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 $100 nor more than $600, plus the cost of prosecution, or, in default of payment of such fine, then by imprisonment in the county jail for a period of not more than 30 days. Each day of violation shall be considered a separate and distinct offense.