[Adopted 8-5-1992 as Ord. No. 2409]
This Article shall be known and referred to
as the "Solid Waste Ordinance."
A.
ACT or ACT 97
AGRICULTURAL WASTE
APPROVED MUNICIPAL WASTE CONTAINER
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDENTIAL ESTABLISHMENT
(1)
(2)
(3)
(4)
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSPORTATION
TRANSFER STATION
YARD WASTES
The following words and phrases as used in this Article
shall have the meaning 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 excepted as farms, forests
or other agricultural lands.
A reusable container constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, which is constructed in such a manner as to be leakproof,
weatherproof, insectproof and rodentproof. Further, such reusable
container shall have a tight-fitting cover and suitable lifting handles
to facilitate collection.
[Added 3-17-2004 by Ord. No. 2710]
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.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters. A commercial building
that includes residential dwelling units shall be deemed a commercial
establishment for purposes of this article.
[Amended 10-20-2010 by Ord. No. 2851]
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 Resources.
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 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 approved and licensed by the Commonwealth of Pennsylvania
to collect, transport and dispose of refuse.
[Amended 10-20-2010 by Ord. No. 2851]
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.
The Borough of Wilkinsburg, Allegheny County, Pennsylvania.
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.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
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 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.
A building or buildings, or portions thereof, designated
as a home or residence for one or more persons, as further defined
below:
[Added 10-20-2010 by Ord. No. 2851]
DWELLING UNITA single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Condominiums and cooperatives are considered dwelling units.
SINGLE-FAMILYA detached building designed for, or occupied exclusively as, a residence by one family and containing not more than one dwelling unit.
MULTIFAMILYA building or buildings on one lot containing separate living quarters designed for occupancy by two to five families living independently of each other, and containing two to five dwelling units.
APARTMENT BUILDINGA building or buildings on one lot containing separate living quarters designed for occupancy by six or more families living independently of each other, and containing six or more dwelling units.
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.
[2]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 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 (1) 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 vehicle.
Grass and plant clippings, other inert materials, but not
leaf wastes.
B.
In this Article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
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 Health Department 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 Health Department 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 Health Department Rules and Regulations,
Article VIII.
D.
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. Property owners
who contract for hauling, transfer or collection are responsible for
illegal dumping.
E.
It shall be unlawful for any person to scavenge any
materials from any solid waste that is stored or deposited or collected
within the municipality without prior approval by the municipality.
Property owners may be required to secure or protect solid waste containers
to prevent scavenging.
F.
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.
G.
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.
H.
It shall be unlawful to place solid wastes out for
collection any earlier than 6:00 p.m. of the day preceding scheduled
collection. Dumpsters, at multifamily or commercial fixed locations
may remain in place at approved locations.
I.
Solid waste shall be stored in secure, reusable containers.
Biodegradable plastic bags intended for waste disposal may be used
as removable containers and liners in reusable containers and may
be taken to the curb for collection after 6:00 p.m. the evening preceding
collection. Plastic bags may be used as disposable containers for
rubbish or yard wastes.
J.
It shall be unlawful to allow reusable solid waste
containers or recycling bins to remain at the curb following collection.
Containers are to be promptly returned to their storage location no
later than 9:00 p.m. of the collection day.
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.
Reusable containers are to be stored out of view and, conditions permitting,
at the rear or side of buildings.
B.
All property owners shall provide a number of approved
containers sufficient 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 of free 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 must 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 (4) feet in length, not more than
two (2) feet in diameter and not more than forty (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
forty (40) 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.
(7)
Hazardous materials and other materials excluded from
allowable solid wastes accepted at landfills will not be collected
and may not be put out for collection. Such materials include batteries,
tires, paint, volatile and toxic liquids and appliances containing
Freon. Appliances containing Freon from which the Freon has been removed
by a certified appliance service person and appropriately tagged will
be collected.
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 40 gallons
and a loaded weight of not more than 40 pounds.
(4)
All containers, either reusable or disposable, shall
also comply with the minimum standards established by the National
Sanitation Foundation.
(5)
Residential solid wastes are to be placed in authorized
containers at the curb of the nearest thoroughfare unless otherwise
specified.
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. All solid waste must be in the containers. No overflow
or spillage is permitted.
(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 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.
F.
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.
[Amended 1-20-1993 by Ord. No. 2424; 11-29-1995 by Ord. No. 2510; 10-20-2010 by Ord. No. 2851]
A.
The Borough shall provide for the collection of all approved garbage,
rubbish and bulky wastes from single-family and multifamily residential
establishments.
B.
All single-family and multifamily residential establishments shall
utilize the residential collection service provided by the Borough
or its designated representative.
C.
Contracting for service.
(1)
All apartment buildings, commercial, institutional and industrial
establishments shall negotiate and individually contract collection
service with a private properly licensed waste hauler of their choice.
(2)
Condominiums or cooperatives may contract collectively with a single
waste hauler through their respective associations, or if no such
arrangement is made, individual unit owners are responsible for negotiating
separately for waste collection services.
D.
All apartment buildings, condominium/cooperative associations or
individual condominium/cooperative owners shall provide the Borough
with verification of a valid contract for refuse collection by an
approved hauler no later than December 1 of each year.
E.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes from single-family and multifamily residential
establishments shall be collected following prior arrangement with
the Borough's waste collector and payment of any required special
fees. Bulky wastes from apartment buildings shall be collected following
prior arrangement with the property owner's waste collector.
F.
All commercial, institutional and industrial 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.
G.
All solid wastes must be contained in approved municipal waste containers
fitted with secure lids. Any material overflowing from the containers
constitutes a violation of this article and other ordinances and subjects
the property owner to enforcement action and penalty. No municipal
service fee discount that may otherwise be available to eligible apartment
buildings will be afforded property owners in violation of this article.
H.
Property owners must furnish approved municipal waste containers
to tenants and replace containers as necessary.
I.
All approved haulers shall comply with all applicable local, county,
state and federal standards and regulations for the collection and
transportation of municipal waste, including but not limited to the
following:
(1)
All municipal wastes collected within the Borough shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan, 1990, as amended.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97 and
its regulations, as amended, and must be licensed by the appropriate
governmental agencies.
(3)
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.
(4)
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent
public health hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
[Amended 10-20-2010 by Ord. No. 2851]
A.
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
for single-family and multifamily residential establishments and for
borough properties, or for the contracting of such services to a private
hauler or another municipal entity.
B.
The Borough
shall be responsible for the collection of any fees for solid waste
collection and disposal from single-family and multifamily residential
establishments. Approved private haulers shall be responsible for
the collection of any collection and disposal fees from apartment
buildings, commercial, institutional and industrial customers.
C.
The Borough
shall be authorized to contract with a private hauler or another municipal
entity for the collection of solid waste from apartment buildings
in the event the property owners fail to provide for waste collection
services to those properties and to assess the property owner an administrative
fee of $500 per occurrence plus actual costs of collection in addition
to other penalties that may be imposed for violation of this article.
A.
All appeals shall be made in writing to the governing
body of the municipality.
B.
Pending a reversal or modification, all decisions
of the municipality shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation
issued by the municipality may appeal within 10 days after the municipality
gives notice of its intention to issue the new standard or regulation.
(2)
The notice of appeal shall be served in writing and
sent by certified mail with return receipt requested. Within 20 days
after receipt of the notice of appeal, the municipality shall hold
a public hearing. Notice of the hearing shall be sent to both parties
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 in addition to publication in the local newspaper.
[Amended 10-20-2010 by Ord. No. 2851]
It is the Borough’s intention to place
responsibility for compliance with this ordinance on property owners.
In the event that property owners of apartment buildings fail to provide
for the collection of waste as required under this article, the Borough
will post a notice of noncompliance at the building location.
The municipality may petition a court of competent
jurisdiction for an injunction, either mandatory or prohibitive, to
enforce any of the provisions of this article.
[Amended 11-29-1995 by Ord. No. 2510]
A.
Any person
who violates any provision of this article 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.
The Borough
may institute proceedings under this section by the issuance of a
"notice of violation letter," assessing a civil penalty ranging from
$10 to $1,000 for each offense, and provide the parties in violation
of said Code section the opportunity to abate the violation and pay
said civil penalty in lieu of the institution of proceedings and the
imposition of the other stated penalties set forth herein.
[Added 5-9-2012 by Ord. No. 2892]