[HISTORY: Adopted by the Borough Council of the Borough of
Dormont as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-2-1990 by Ord. No. 1390]
The short title of this article shall be the "Borough of Dormont
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article
shall have the meanings ascribed herein, unless the content clearly
indicates a different meaning:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
Empty all-aluminum food or beverage containers.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the municipality to
collect recyclable materials from residences or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the municipality to collect recyclable materials from
those properties.
Those properties used primarily for commercial or industrial
purposes, those multiple-dwelling residential buildings containing
more than three dwelling units and those mixed-use facilities containing
both commercial and residential units, regardless of the number of
dwelling units per structure.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin-coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded from this definition are noncontainer glass, plate glass,
automotive glass, light bulbs, blue glass and porcelain and ceramic
products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, churches, orphanages,
day-care centers, schools and universities.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings. Expressly excluded from this
definition are grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded from this definition
are all other paper products of any nature whatsoever.
Any property having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of Dormont, Allegheny County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
or other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation or occupancy 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[2] 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.
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 from this definition are newspapers which have been soiled,
color comics or comic paper inserts, glossy newspaper inserts and
newspaper inserts printed in colors other than black and white.
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.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the municipality may establish, by resolution
of the Council, specific types of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the municipality
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 containers,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the municipality or specified
in future revisions to Act 101. The recyclable materials selected
by the municipality may be revised from time to time as deemed necessary
by the municipality. Said revision may be done by resolution of the
Council of the municipality.
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 the creation and recovery of reusable materials.
Any single or multifamily dwelling having up to three dwelling
units per structure for which the municipality provides municipal
waste collection service.
[Amended 8-1-1994 by Ord. No. 1433]
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
Protection for beneficial use.
A.
The municipality hereby establishes a recycling program for the mandatory
separation and collection of recyclable materials and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the municipality for which waste collection is provided by the municipality
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the municipality, its designated
agency or any other solid waste collectors operating in the municipality
and authorized to collect recyclable materials from residences or
from commercial, municipal and institutional establishments.
B.
The recycling program shall contain a sustained public information
and education program.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article.
A.
All persons who are residents of the municipality shall separate
all of those recyclable materials designated by the municipality from
all other municipal waste produced at their homes, apartments and
other residential establishments, store such materials for collection
and place the same for collection in accordance with the regulations
established hereunder.
(1)
Recyclable materials shall be placed at the curbside in containers
provided by the municipality for collection. Any containers provided
to residences for collection of recyclable materials shall be the
property of the municipality and shall be used only for the collection
of recyclable materials. Any resident who moves within or from the
municipality shall be responsible for returning the allocated container(s)
to the municipality 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 containers by any person
other than the person allocated such container(s) shall be a violation
of this article.
(2)
An owner, landlord or agent of an owner or landlord of a multifamily
housing property with more than three units may 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 designated by the municipality
to be separated, easily accessible locations for the containers and
written instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of owners or
landlords who comply with this article shall not be liable for noncompliance
of occupants of their buildings.
B.
All persons must separate leaf waste from other municipal waste generated
at their houses, apartments and other residential establishments for
collection unless those persons have otherwise provided for composting
of leaf waste.
C.
Persons must separate high-grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the municipality 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 municipality annually
indicating that the designated recyclable materials are being recycled
in an appropriate manner.
D.
If recyclable materials are collected by a collector other than the
municipality or its authorized agent, occupants of said establishments
shall submit a quarterly report to the municipality reporting the
tonnage of materials recycled during the previous year. After the
first two quarterly reports are rendered, the municipality may permit
annual reports.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from the time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 177-8 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 municipality or one authorized by the
Council of the Borough of Dormont 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 municipality or an authorized
collector, unless such person, firm or corporation has prior 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 Council of the Borough of Dormont or other entity responsible
for authorizing the collection of recyclable materials to make such
a collection.
Disposal by persons of designated recyclable materials with
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 have
notified the Manager of the Borough of Dormont, or his or her designee,
in writing.
A.
The Council of the Borough of Dormont or its designee is hereby authorized
and directed to promulgate, by resolution, rules and regulations for
the operation and enforcement of this article, to include but not
be limited to:
(1)
Establishing designated recyclable materials to be separated for
collection and recycling by residences and additional recyclable materials
to be separated by commercial, municipal and institutional establishments.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts of materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
(5)
Establishing procedures and rules for the collection of leaf waste.
(6)
Establishing that certain recyclables be rinsed free of food particles
and drained prior to being placed for recycling.
B.
Any person, firm or corporation who or which shall violate the provisions
of this article shall receive an official written warning of noncompliance
for the first and second offense. Thereafter, all such violations
shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or corporation who
or which shall violate any of the provisions of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not less than $50 nor more than $1,000, plus
court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Allegheny County.
[Amended 8-1-1994 by Ord. No. 1433[1]]
The municipality reserves the right not to collect municipal
waste containing recyclable materials in combination with nonrecyclable
materials.
The municipality 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 from the curbside.
The municipality may from time to time modify, add to or remove from the standards and regulations herein and as authorized in § 177-10.
[Adopted 7-2-1990 by Ord. No. 1391]
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 meanings ascribed herein, unless the content clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
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 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 forests or other
agricultural lands.
[Amended 8-1-1994 by Ord. No. 1433]
Large items of solid waste, including but not limited to
appliances, furniture, large auto parts, trees, branches or stumps,
which may require special handling due to their size, shape or weight.
Those properties used primarily for commercial or industrial
purposes, those multiple-dwelling residential buildings containing
more than three dwelling units and those mixed-use facilities containing
both commercial and residential units, regardless of the number of
dwelling units per structure.
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 Council of the Borough of Dormont, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner such that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged into
the waters of the Commonwealth of Pennsylvania.
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.
Any person, firm, partnership, association or corporation
authorized by the municipality or its designated representative to
collect, transport and dispose of refuse as herein prescribed.[2]
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.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines or slaughterhouses.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, churches, orphanages,
day-care centers, schools and universities.
Any property housing four or more dwelling units per structure.
The Borough of Dormont, Allegheny County, Pennsylvania.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material, resulting from operation or occupancy 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[3] 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.
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 technology 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.
Any single-family or multifamily dwelling, whether or not
occupied, having up to three dwelling units per structure for which
the municipality provides municipal waste collection service. Each
apartment unit situate within a structure shall be considered a residence
for the purposes of this article.
[Amended 1-4-1994 by Ord. No. 1427; 10-2-1995 by Ord. No. 1453]
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,[4] or 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.[5]
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, wood and
yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
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.
Any waste, including but not limited to municipal, residual
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
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 or any other municipal or residual solid waste
except in accordance with the provisions of this article, any Department
rules and regulations adopted pursuant to Act 97 and the Allegheny
County Health Department, or its successor, Rules and Regulations,
Article VIII.
B.
It shall be unlawful for any person to burn any solid waste within
the municipality except in accordance with the provisions of this
article, any Department rules and regulations adopted pursuant to
Act 97 and the Allegheny County Health Department, or its successor,
Rules and Regulations, Article VIII.
C.
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, any Department rules and regulations adopted pursuant to
Act 97 and the Allegheny County Health Department, or its successor,
Rules and Regulations, Article VIII.[1]
D.
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 without prior approval by the municipality.
E.
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.[2]
[2]
Editor's Note: Original § 177-16G of the 1994 Code, which prohibited the deposit of solid waste upon Borough streets, alleys, sidewalks, bodies of water and public or private property and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A.
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.
B.
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.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained free of liquids before being
placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles. Bundles shall be not
more than four feet in length, not more than two feet in diameter
and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 20 pounds in
weight.
(6)
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.
D.
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:
(1)
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.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 32 gallons and a loaded
weight of not more than 32 pounds.
(4)
Disposable plastic bags or sacks are acceptable containers, provided
that the bags are designated for waste disposal. Plastic bags shall
have sufficient wall strength to maintain physical integrity when
lifted by the top, shall be securely tied at the top for collection
and shall have a capacity of not more than 30 gallons and a loaded
weight of not more than 32 pounds.
(5)
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
(6)
It shall be unlawful for any person to store a trash can within a
Borough right-of-way or within any hallway, entranceway, lobby or
similar common area of any dwelling designed or occupied as a residence
for two or more families. It shall be unlawful for any person to privately
store a trash can within 10 feet of any adjoining building, provided
that there is at least 10 feet distance between the two building lines
of adjacent buildings or within the area between the face of any building
and the adjacent street right-of-way line.
[Amended 5-1-2000 by Ord. No. 1490]
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
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.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article or
which have sharp edges, ragged edges or any other defect that may
hamper or injure collection personnel shall be promptly replaced by
the owner upon notice from the municipality or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the municipality or its designated representative.
(6)
With the exception of pickup days when the containers are placed
out for collection, the containers shall be properly stored on the
owner's or customer's premises at all times.
(7)
Bulk waste items such as furniture, automobile parts, machinery,
appliances and tires 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 municipality does not have the
obligation to remove these materials.[1]
F.
The storage of all municipal waste from multifamily housing property,
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, shall be in appropriate size and condition to adequately
store the municipal waste and are subject to approval by the municipality.
The municipality may require an annual inspection of the same and
establish by resolution a fee for said inspection.
A.
The municipality shall provide for the collection of all garbage,
rubbish and bulky wastes from individual residences and multifamily
residential sources with fewer than four units or it may contract
with a private collector or collectors to provide this essential residential
collection service.
B.
All households and homeowners shall utilize the residential collection
service provided by the municipality unless they can demonstrate that
they have made alternative arrangements that are consistent with this
article and approved by the municipality.
C.
All multifamily residential sources (with four or more units), commercial,
institutional and industrial establishments shall negotiate and individually
contract collection service with the municipality's collector or any
other authorized hauler or private collector of their choice.[1]
D.
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.
E.
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.
F.
Residential collection schedules shall be published regularly by
the municipality or its contracted hauler.
G.
All solid waste collection activity shall be conducted from Monday
through Saturday between the hours of 6:00 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.
[Amended 8-1-1994 by Ord. No. 1433]
H.
All authorized haulers and private collectors shall comply with the
following standards and regulations:
[Amended 8-1-1994 by Ord. No. 1433[2]]
(1)
All municipal waste collection within the municipality shall ultimately
be disposed of only at a landfill cited in the Allegheny County Solid
Waste Plan 1990, or in subsequent revisions thereto.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97 and
the Department regulations adopted pursuant to Act 97 and must be
licensed by the Allegheny County Health Department.
A.
The Council shall be authorized to make funds available, in accordance
with the laws and procedures of the municipality, for the establishment,
maintenance and operation of a municipal solid waste collection and
disposal system, or for the contracting of such service to a private
collector.
B.
The fee shall be determined by resolution of the Council for the
collection, removal and disposal of garbage and rubbish and related
costs, including but not limited to costs incurred by the Borough
to comply with the provisions of Act 101 of 1988, known as the "Municipal
Waste Planning, Recycling and Waste Reduction Act,"[1] and shall be assessed against the owner or occupier of
each residence located within the Borough. Each apartment unit situate
within a structure shall be considered a residence for the purposes
of this article.
[Amended 1-4-1994 by Ord. No. 1427]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C.
The fee shall be assessed, paid and collected on an annual basis
or on such a basis as determined by resolution of the Council. If
the fee is not paid on a timely basis when due (i.e., within 30 days
after the date of said statement), the unpaid portion thereof, together
with a ten-percent penalty, shall bear interest at the rate of 10%
per annum. If collection is pursued, costs may be charged by the Borough
and/or its agent and shall be imposed on, in addition to the aforesaid
fee, the penalty and interest.
[Amended 5-1-2000 by Ord. No. 1490]
D.
If the occupier of the residence is not the owner of the premises
from which the garbage or rubbish is removed, the Borough of Dormont
hereby imposes said fee upon and demands payment thereof from the
owner of such premises. If the payment is not timely made, the Borough
of Dormont shall file a lien therefor against the premises served
for the amount due, plus penalty, interest and costs as aforesaid,
or shall collect the same by suit in assumpsit. Penalty and interest
shall be in such amount or at such rate which is the maximum permissible
by law under the statutes of the Commonwealth of Pennsylvania and
such as shall be permitted under the provisions of the Local Tax Enabling
Act and Local Tax Collection Law of the Commonwealth of Pennsylvania.[2]
[Amended 1-4-1994 by Ord. No. 1427]
[2]
Editor's Note: See 53 P.S. § 6924.101 et seq. and
72 P.S. § 5511.1 et seq., respectively.
E.
Nothing herein contained shall be construed to forbid the owner of
any premises which is subject to the terms of this article from requiring
any tenant or possessor of said premises to reimburse said owner for
all or any part of the fee paid by said owner for the collection,
removal and disposal of services referred to in this article.
F.
In the event that an owner of a multiple-unit or multifamily structure
renovates the premises so as to remove the separate units previously
in existence or reduces the number of residential units (apartment
units) in the structure and files for and obtains an occupancy permit
for a lesser number of such units, then the billing previously attributed
to such eliminated apartment unit and charged to the same shall likewise
be discontinued as to future usage and shall no longer be chargeable
to the owner of the premises. In addition to the actual renovation
and obtaining of a revised occupancy permit, the owner of the premises
shall file an affidavit with the Borough Manager of the Borough of
Dormont stating that the premises shall, in the future, be operated
and occupied only in accordance with the provisions of the revised
occupancy permit.
[Added 1-4-1994 by Ord. No. 1427]
G.
Any person or persons who previously or prior to January 1, 1993,
submitted affidavits to the Borough Manager of the Borough of Dormont
or to any such Clerk charged with the duties of collecting garbage
disposal fees, and who have further renovated the premises to remove
or eliminate apartment units or residential units in said premises
and who, in reliance upon such actions, have failed to pay appropriate
garbage disposal charges for any years up to the year 1993, shall
be excused from the payment of penalty and interest charges on the
said billings attributable to such owner's premises. Evidence
of the submission of such affidavits and acceptance by the appropriate
Borough officer or employee receiving the same shall be required to
be presented by such owner in order to obtain the abatement of the
penalties and interest referred to herein. In the event of any dispute
regarding the prior submission of such affidavits and the receipt
of the same, the matter shall be resolved by the Borough Manager,
subject to the review of the Borough Council. Council shall abate
such penalties and interest by appropriate motion at any duly convened
meeting of the Council, at which the certification of the Borough
Manager shall be submitted to the Council.
[Added 1-4-1994 by Ord. No. 1427]
A.
Appeals may be made by any person who is aggrieved by a new standard
or regulation issued by the municipality after the effective date
of this article. Such person must file his or her notice of appeal
within 20 days after the municipality gives public notice of its intention
to issue the new standard or regulation. Public notice shall be given
by posting a notice at the office of the municipality and by publishing
the same once in the newspaper normally used by the municipality for
the publishing of its public notices.
B.
The notice of appeal shall be served upon the municipality at its
office, in writing, and sent by certified mail with return receipt
requested. Within 45 days after receipt of the notice of appeal, the
Solid Waste Management Commission shall hold a public hearing. Notice
of the hearing shall be sent to all interested parties, including
the municipality and the party filing the appeal, in time to adequately
prepare for the hearing. Notice shall be sent to the parties by certified
mail with return receipt requested at the last known address.
C.
The administrative appeals provided for herein shall be made, in
writing, to the governing body of the municipality. Prior to any disposition
by the Council, the appeal shall be immediately referred by the Borough
Manager to the Solid Waste Management Commission for a public hearing
and recommendation by the Commission.
D.
Pending a reversal or modification by the Council of the recommendation
of the Solid Waste Management Commission, all recommendations of the
Solid Waste Management Commission shall be determinative of the appeal.
The recommendation of the Solid Waste Management Commission shall
become final unless reversed or modified by the Council within 60
days after the Borough Manager receives notice of said Commission's
recommendation.
The municipality may petition the Court of Common Pleas for
an injunction, either mandatory or prohibitive, to enforce any of
the provisions of this article.
[Amended 8-1-1994 by Ord. No. 1433[1]]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not less than $50 nor more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Allegheny County.
The municipality may from time to time modify, add to or remove
from the standards and regulations herein, as authorized herein.
