[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 9-17-1990 by Ord. No. 618. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Solid Waste
Ordinance."
A.Â
ACT or ACT 97
AGRICULTURAL WASTE
BOROUGH
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
COUNCIL
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)Â
(2)Â
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SECRETARY
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSPORTATION
TRANSFER STATION
The following words and phrases as used in this chapter shall have
the meanings ascribed herein, unless the context 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 as farms, forest
or other agricultural lands.
The Borough of Baldwin.
Large items of solid waste, including but not limited to
appliances, furniture, trees, branches or stumps which may require
special handling due to their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
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 Borough Council of the Borough of Baldwin.
The Pennsylvania Department of Environmental Resources.[2]
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 to
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, copartnership, association or corporation
which has been licensed by the Borough or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
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 and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities; and
any sludge not meeting the definition of residual or hazardous waste
under Act 97 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, 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 chapter 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 any 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 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.[3] "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.[4]
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 materials placed
for collection or from solid waste processing or disposal facility.
The Secretary of the Borough of Baldwin.
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.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
The off-site removal of any solid waste at any time after
generation.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: This department was split into two and reorganized
by Act 1995-18. Now the Department of Environmental Protection, 71
P.S. § 510-1, or Department of Conservation and Natural Resources,
71 P.S. § 1340.301 et seq. For purposes of this chapter, reference
is to the DEP.
[3]
Editor's Note: See 52 P.S. § 30.51 et seq.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
B.Â
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
A.Â
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough any garbage,
rubbish, bulky waste or any other municipal or residual solid waste,
including agricultural waste, domestic waste and hazardous waste,
except in accordance with the provisions of this chapter, any Department
rules and regulations adopted pursuant to Act 97 and rules and regulations
of the Department of Health of the State of Pennsylvania and the County
of Allegheny.
B.Â
It shall be unlawful for any person to burn any solid waste or other wastes enumerated in § 136-3A hereof within the Borough except in accordance with the provisions of this chapter, any department rules and regulations adopted pursuant to Act 97 and rules and regulations of the Department of Health of the State of Pennsylvania and the County of Allegheny.
C.Â
It shall be unlawful for any person to dispose of any solid waste or other wastes enumerated in § 136-3A hereof in the Borough except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and the rules and regulations of the Department of Health of the State of Pennsylvania and the County of Allegheny.
D.Â
It shall be unlawful for any person to haul, transport, collect or remove any solid waste or other wastes enumerated in § 136-3A hereof from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this chapter.
E.Â
It shall be unlawful for any person to scavenge any materials from any solid waste or other wastes enumerated in § 136-3A hereof that are stored or deposited for collection within the Borough.
F.Â
It shall be unlawful for any person to salvage or reclaim any solid wastes or other wastes enumerated in § 136-3A hereof within the Borough except at an approved and permitted resource-recovery facility under Act 97.
G.Â
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 or other wastes enumerated in § 136-3A hereof in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this chapter.
A.Â
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.Â
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regulatory scheduled collections and shall place and
store all waste materials therein.
C.Â
Any person storing municipal waste for collection shall comply with
the following preparations standards:
(1)Â
All municipal waste shall be drained free of liquids before being
placed in storage containers.
(2)Â
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(4)Â
Subject to Ordinance No. 619, 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 three feet in length,
not more than two feet in diameter and not more than 40 pounds in
weight. No single piece shall be more than three inches in diameter.
(5)Â
Subject to Ordinance No. 619, newspapers and magazines shall be placed
in approved containers or shall be tied securely into bundles of not
more than 40 pounds in weight.
(6)Â
When specified by the Borough or its designated representative, special
preparation and storage procedures may be required to facilitate the
collection and resource recovery of certain waste materials.
(7)Â
Carpet and/or carpet padding shall be placed in an approved closed
container or must be cut in lengths not exceeding eight feet and securely
tied. No single piece shall be more than 40 pounds in weight.
D.Â
All municipal waste shall be stored in containers approved by the
Borough or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards:
(1)Â
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)Â
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)Â
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 30 gallons and a loaded
weight of not more than 40 pounds and shall be limited to three such
containers per residence.
(4)Â
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 35 pounds.
(5)Â
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.Â
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)Â
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)Â
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)Â
Containers shall be used and maintained so as to prevent public nuisances.
(4)Â
Containers that do not conform to the standard of this chapter 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 Borough or its designated representative.
(5)Â
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
(6)Â
With the exception of pickup days when the containers are placed
for collection, the containers shall be properly stored on the owner's
or customer's premises at all times.
(7)Â
Bulk waste items such as furniture, 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.
Doors must be removed from appliances.
F.Â
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 chapter. 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 Borough.
A.Â
The Borough shall provide for the collection of all garbage, rubbish
and bulky wastes from individual residences. Multifamily residential
owners shall contract with a private collector or collectors to provide
this essential residential collection service.
B.Â
All single-family residences shall utilize the residential collection
service provided by the Borough.
C.Â
All commercial, institutional and industrial establishments shall
negotiate and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice.
D.Â
All residential garbage and rubbish shall be collected at least once
a week.
E.Â
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 Borough reserves the right to require more frequent
collection when deemed necessary.
F.Â
Residential collection schedules shall be published, as deemed necessary,
by the Borough or its contracted hauler.
G.Â
Placement of container(s) at curbside may be no earlier than 5:00
p.m. on the day prior to the designated collection day and must be
removed from curbside to the storage place no later than 6:00 p.m.
on the day of collection.
H.Â
All waste collection activity shall be conducted from Monday through
Friday between the hours of 6:00 a.m. and 5:00 p.m. or on Saturdays
between the hours of 6:00 a.m. and 5:00 p.m., unless prior approval
or any exception has been granted by the Borough. No collection, hauling
or transporting of solid waste shall be permitted on Sunday.
I.Â
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
(1)Â
All municipal waste collected within the Borough shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan 1990, or in subsequent revisions thereto.
(2)Â
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 and must be
licensed by the Allegheny County Health Department.
(3)Â
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
the attraction of vectors, the creation of odors and other nuisances.
(4)Â
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(5)Â
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.Â
The Council of the Borough shall be authorized to make funds available,
in accordance with the laws and procedures of the Borough, 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.Â
Annual costs shall be made available by the Borough on any competitively
bid residential collection service contract that may be awarded by
the Borough.
C.Â
The Borough shall be responsible for the payment of any fees for
solid waste collection and disposal for residential customers receiving
standard contracted service.
D.Â
The Borough's contracted hauler and other licensed haulers shall
be responsible for the collection of any fees for private arrangement
or private contract solid waste collection and disposal services provided
to any individual, residential, commercial, institutional or industrial
source within the Borough.
The Borough may petition the appropriate court for an injunction,
either mandatory or prohibitive, to enforce any of the provisions
of this chapter.
[Amended 5-17-1993 by Ord. No. 657]
A.Â
Any person who violates any provision of this chapter shall, upon
conviction, be guilty of a misdemeanor which is punishable by a fine
of not less than $300 nor more than $1,000 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.
B.Â
In the alternative, any person who violates any provision of this
chapter shall be cited before the District Magistrate for a summary
offense and, upon conviction thereof, shall be fined for a sum of
not less than $100 nor more than $500 and, in default of the payment
of such fine, shall be imprisoned for a period of not more than 30
days. Each day of violation shall be considered a separate and distinct
offense.