For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED COLLECTOR. A private hauler with an Act 90, being 35 P.S. § 6018.101 license (as defined herein), or a person who, being so authorized by the terms of this subchapter, who removes municipal waste or recyclables from his or her own premises, as owner of the building or commercial, municipal or institutional establishment or community activity conducted therein, or as an agent of another person.
BOROUGH. The Borough of Topton, Berks County, Pennsylvania.
CARDBOARD. Any structural paper material with an inner core shaped in rigid parallel furrows and ridges.
COLLECTOR. A general term referring to any person who collects, for removal from premises, municipal waste or recyclables.
COMMERCIAL. Of, or pertaining to, any wholesale, retail industrial, manufacturing, transportation, financial or professional service or office enterprise, business or establishment.
COMMUNITY ACTIVITY. Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
COMPOSTING. The process of the biological decomposition of organic solid waste being biologically decomposed under controlled anaerobic or aerobic conditions to yield humus like product.
CURBSIDE. That location at the edge of any lot, parcel or piece of and adjacent to a public right-of- way or roadway, and which location is most accessible and/or convenience to any authorized collector, as defined by this subchapter, for the purpose of collecting municipal waste and/or recyclables.
CURBSIDE COLLECTION. A method of collection of residentially generated recyclables by which the owners or occupants of certain residential properties place them at curbside at a time designated by an authorized collector for collection and removal thereof for delivery to a recycling center.
DESIGNATED RECYCLABLES. Cardboard and paper products, plastics 1-7, clear and colored glass containers, metal food and beverage cans and containers, leaf waste, and other materials, which shall be determined from time to time by resolution, to be recyclable materials which shall be separated from trash, garbage and refuse for recycling.
DISPOSAL. The incineration, deposition, injection, dumping, spilling, leaking or placing of municipal waste into or on the land or water in a manner such that the municipal waste or a constituent thereof enters the environment, is emitted into the air or is discharged to the waters of the commonwealth.
DISPOSAL AREA. Any site, location, area, building, structure, transfer station or premises to be used for municipal waste disposal.
GARBAGE. All putrescible animal and vegetable matter resulting from the handling, preparation, cooking and consumption of food.
GLASS CONTAINERS. All empty food and beverage jars or bottles, the product being transparent or translucent (clear, green or brown). Expressly excluded are non-container glass, window or place glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH GRADE PAPER. Bond copier, letterhead or mimeograph paper typically sold as “white ledger” paper, and computer paper.
INSTITUTIONAL. Of, or pertaining to, any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, schools, universities, churches and social or fraternal societies and organizations.
LANDLORD. The owner of residential property, made subject to a lease, or such owner’s authorized agent.
LEAF WASTE. Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
MAGAZINES. Printed matter, also known as PERIODICALS, containing miscellaneous written pieces published at fixed or varying intervals, printed on glossy or chemically coated paper. Expressly excluded are newspapers and all other paper products of any nature whatsoever.
METAL AND ALUMINUM CANS. Includes all disposable, recyclable containers fabricated primarily of aluminum, metal or bimetal and commonly used for beverages, fruits, vegetables and other liquid or dry matter, but specifically excludes aerosol cans.
MULTI-FAMILY DWELLING. A type of residential property either under single ownership or organized as a condominium or cooperative form of housing, which contains four or more dwelling units.
MUNICIPAL. Of, or pertaining to, any office or other property under the control of any branch or arm of the federal government of the United States of America, the commonwealth or any political subdivision of the commonwealth including, but not limited to, the borough and/or any counties, cities, boroughs, townships and municipal authorities.
MUNICIPAL WASTE. Any garbage, refuse, industrial, lunchroom or office waste and other materials, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal or commercial or institutional establishments, or from community activities and which are not classified as residual or hazardous waste, except farm produced manure, other agricultural waste and food processing used on land where such materials will improve the condition of the soil, the growth of crops or the restoration of the land for the same purposes, and any sludge not meeting the definition of “residual or hazardous waste,” as defined in the State Solid Waste Management Act. The term does not include source-separated recyclable materials or yard waste.
MUNICIPAL WASTE LANDFILL. Any facility that is designed, operated, used and or maintained for the disposal of municipal waste. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.
NEWSPAPER. Paper of the type commonly referred to as “newsprint” and distributed at fixed or stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. The term NEWSPAPER expressly excludes glossy advertising inserts, magazines, glossy or other chemically coated paper, office paper and any other paper products of any nature.
PERSON. Any agent, individual, partnership, corporation, association, institution, cooperative enterprise, municipality, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this subchapter 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.
PLASTIC. Human-made materials composed of large molecules called polymers. Specifically, HDPE, high density polyethylene, commonly used as plastic gallon milk jugs or PETE, polyethylene terephthala, commonly used for soda bottles.
PRIVATE HAULER. A person licensed by the commonwealth as per the amended Pa.C.S. Title 27 (Environmental Resources), Waste Transportation Safety Program, and licensed under Act 90, being 35 P.S. § 6018.101 to collect, haul and transport municipal waste and recyclables. All such haulers shall comply with the provisions of Title 27 of Act 90, being 35 P.S. § 6018.101 and all other applicable federal, state, county and local laws and regulations.
RECYCLABLES. Materials designated as recyclable in this subchapter, or required by the terms of this subchapter (or any amendment hereto) to be kept separate from municipal waste and recycled. The term includes yard waste (as defined herein) (which is treated differently as it can be composted).
RECYCLING FACILITY.
(1) A facility employing a technology and/or a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials.
(2) The term RECYCLING FACILITY shall not mean transfer stations or landfills for solid waste nor compositing facilities or resource recovery facilities. The term does not include:
(a) Any composting facility;
(b) Methane gas extraction from a municipal waste landfill;
(c) Any separation and collection center, drop-off point or collection center for recycling, or any source-separation or collection center for comporting yard waste; or
(d) Any facility, including all units in the facility with a total processing capacity of less than 50 tons per day.
RUBBISH. Solid waste exclusive of garbage (e.g., non-recyclable glass, metal, paper or plastic) and non-compostable plant material, wood or nonputrescible solid waste.
STEEL CANS. Empty food or beverage containers made of steel, tin coated steel or ferrous metal food or beverage containers.
STORAGE. The containment of any municipal waste on a temporary basis in such a manner as not to constitute disposal of such municipal waste. It shall be presumed that the containment of any municipal waste in excess of one year constitutes disposal. This presumption may be overcome only by clear and convincing evidence to the contrary.
TRANSFER STATION. A facility that receives and processes or temporarily stores municipal or residual waste at a location other than the generation site and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of such waste materials for off-site refuse. The term does not include collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastic. Nor does the term include the centrally designated location of a development where agents of the lot’s owners have gathered the waste from the development for collection by a private hauler.
TRANSPORTATION. The removal from any site or location of any municipal waste or recyclable materials at any time after generation thereof.
WASTE. A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed of. The term does not include source-separate recyclable materials, yard waste or material approved by the State Department of Environmental Protection for beneficial use.
YARD WASTE. Grass, leaves and brush (i.e., small branches, twigs) from general yard maintenance. YARD WASTE does not include materials generated by tree removal, land clearing or home renovation projects.
(Ord. 6-2014, passed 12-8-2014; Ord. 2-2019, passed 2-11-2019)