[HISTORY: Adopted by the City Council of
the City of Greensburg as indicated in article histories. Amendments
noted where applicable.]
[1]
Editor's Note: Former Art. I, Use of Street Wastepaper Receptacles,
adopted 7-21-1952 by Ord. No. 410, as amended, was repealed 2-10-2014
by Ord. No. 2034. This ordinance also amended the title of the chapter,
which was formerly Solid Waste.
[Adopted 9-9-1991 by Ord. No. 1494]
[Amended 2-10-2014 by Ord. No. 2034[1]]
This article shall be known and may be cited
as the "Solid Waste Management and Material Recovery Program for the
City of Greensburg, County of Westmoreland, Commonwealth of Pennsylvania."
It is hereby declared to be the purpose of this
article to coordinate and regulate the storage, collection, transportation,
processing and disposal of all solid waste and hazardous wastes and
for the recovery of recyclable materials, as herein defined, in order
to protect the public safety, health and welfare of the people in
the City of Greensburg.
For the purpose of this article, the following
words and phrases shall have the meanings given herein:
The remaining residue resulting from burning of wood, coal
or other combustible material, excluding ash from industrial process.
A person, individual, partnership or corporation or employer
or agent thereof authorized by contract with the City to collect solid
waste, recyclables, HHW and e-waste within the City.
[Amended 2-10-2014 by Ord. No. 2034]
Large items of refuse too large for collection in ordinary
bags or containers, including but not limited to appliances and furniture,
excluding e-waste.
[Amended 2-10-2014 by Ord. No. 2034]
The City of Greensburg.
The organized and scheduled pickup and removal of ashes,
refuse and recyclable materials from a residential or commercial property
by the authorized collector authorized by contract to remove said
items.
[Amended 12-9-1996 by Ord. No. 1701]
The date collection shall be made that was scheduled by the
approved collector and agreed upon by the governing body.
An approved location on the commercial property owner's premises
where the approved containers are placed, away from rubbish and trash,
from which collection is made by the authorized recycling contractor
or approved collector.
All properties used for commercial, industrial or institutional
use. Multiple-dwelling residential buildings containing more than
four dwelling units and municipal establishments within the City,
for the purpose of this article, shall also be "considered commercial
properties."
For the purpose of this article, "commingle" is defined as
the mixing of recyclables, including paper, plastics, glass and metals,
into one recycling container.
[Added 2-10-2014 by Ord. No. 2034]
Rubbish or solid material that is to be discarded during
construction, demolition and remodeling projects at residential and
commercial properties within the City.
[Amended 12-9-1996 by Ord. No. 1701]
The property line next to the street or alleyway.
The City agency designated by ordinance to be responsible
for management of the solid waste disposal and material recovery program.
A bin used by commercial properties for storage of solid
waste for collection.
For the purpose of this article, "e-waste" is defined as
consumer electronics that shall include but not be limited to the
following: televisions, computer monitors, keyboards, mice, desktop
printers, CD ROMs, DVDs, VCRs, CD players, cell phones and related
cords pursuant to the Pennsylvania Covered Device Recycling Act, Act
108 of 2010.[1] This service will be provided to residential customers
as an on-call, door-to-door service.
[Added 2-10-2014 by Ord. No. 2034]
All table refuse and animal, fruits and vegetable waste resulting
from the handling, preparation, cooking and serving of foods which
have become unfit or unwanted for such use for which reason they are
discarded. It does not include waste from industrial processing or
manufacturing of food products, bodies of dead animals or human or
animal excrement.
The City Council of the City of Greensburg.
For the purpose of this article, "hazardous waste" shall
be defined as solid waste that is especially harmful or potentially
harmful to public health. This shall include, but not be limited to,
the following: certain explosives, toxic materials and medical waste,
including, but not limited to, the following: biological waste, radioactive
materials including detectors, ammunition and explosives, commercial
chemicals, toxic materials in containers over five gallons, materials
improperly packaged, unlabeled and unknown materials, gas cylinders,
fire extinguishers, tires, liquid mercury and all medications.
[Amended 2-10-2014 by Ord. No. 2034[2]]
For the purpose of this article, household hazardous waste
shall include smaller quantities of certain hazardous wastes as retailed
to and utilized by the homeowner that shall include, but not be limited
to, the following: pesticides and insect sprays, herbicides, rust
removers, swimming pool chemicals, wood preservatives, used oil filters,
vehicle batteries, household fluorescent tubes, chlorine bleach, drain
openers, corrosive chemicals (noncommercial), lye, driveway sealer
(less than five gallons), hobby chemicals, lubricants (motor oil,
transmission fluid), paint products (oil, latex, stripper, thinners),
automotive cleaners (waxes, polishes), gasoline (less than five gallons),
and automotive chemicals (antifreeze, brake fluid: less than five
gallons). This service will be provided to residential customers by
the approved contractor as an on-call, door-to-door service.
[Added 2-10-2014 by Ord. No. 2034]
Any individual, firm, partnership, association, corporation,
institution or other entity.
As a minimum, the following material shall be defined as
recyclable material that has been separated from regular refuse and
commingled in a designated recycling container/bin for separate collection:
[Amended 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
Paper: corrugated cardboard boxes (only cardboard cut into sections
that will fit into the designated recycling container), office paper,
newspaper (black, white, colored and shiny inserts), paperboard (such
as cereal boxes), aseptic cartons (milk, juice, broth cartons), junk
mail, telephone books;
Metals: aluminum cans, aluminum foil and disposable bakeware,
steel and/or tin cans, empty aerosol cans;
Glass: clear glass (bottles and jars), brown or amber glass
(like beer bottles), green bottles (like beer or wine bottles); and
Plastics: No. 1 through No. 5, No. 7 and plastic bottle caps
(left on the bottle).
The separation, collection, processing, recovery and sale
or reuse of recyclable materials which would otherwise be disposed
of as solid waste.
A designated identifiable contractor-issued container used
by residential and commercial properties to store recycling material
for collection.
[Amended 2-10-2014 by Ord. No. 2034]
All solid wastes, except body waste and hazardous waste,
and shall include but not be limited to ashes, garbage, grass clippings,
rubbish and bulky waste.
[Amended 12-9-1996 by Ord. No. 1701]
Properties used as dwellings, including buildings having
up to four dwelling units in one building.
A special bin placed on a site for commercial or residential
properties when normal containers or dumpsters will not handle their
solid waste, including but not limited to construction material waste.
Solid waste exclusive of garbage (e.g., nonrecyclable materials,
noncombustible materials, wood, grass clipping, etc.).
[Amended 12-9-1996 by Ord. No. 1701]
The uncontrolled or unauthorized removal of recyclable materials
from residential and commercial properties.
The mixture of paper, plastic, glass and metal recycling
into one recycling container.
[Added 4-12-2010 by Ord. No. 1992]
Garbage, refuse, rubbish, bulky waste, construction material
waste (Construction material waste is excluded from regular collection
service.), grass clippings and other discarded materials, excluding
hazardous waste, household hazardous waste, e-waste and all other
recyclable materials, including but not limited to solid waste materials
resulting from commercial properties operation.
[Amended 12-9-1996 by Ord. No. 1701; 2-10-2014 by Ord. No. 2034]
Items placed in a container or box the same size as regular
waste containers for residential properties for use during special
collections.
Containers used by residential properties for the purpose
of storage of refuse and rubbish, not including bulky waste, hazardous
waste and recyclable materials.
Bagged yard waste, which shall mean bagged leaves, garden
residues, shrubbery, tree trimmings and similar materials or bundled
tree branches cut in three-foot sections. Grass clippings are not
defined as yard waste.
[Amended 12-9-1996 by Ord. No. 1701; 2-10-2014 by Ord. No. 2034]
A.Â
Administration. The City Administrator shall be responsible for the administration of all aspects of solid waste and hazardous waste management and for the management of recovery of recyclable materials shall be the Public Operations Department under the direction of the City Administrator, as set forth in Chapter 5, § 5-15.
[Amended 12-21-1994 by Ord. No. 1646; 12-9-1996 by Ord. No. 1701]
B.Â
Enforcement. The Department of Public Safety and Affairs
of the City of Greensburg shall be responsible for the enforcement
of this article. This Department shall also be responsible for monitoring
for any other local, state and federal regulations concerning solid
waste, hazardous waste and recycling and to report any violations
that they do not have the enforcement powers of to the proper agency.
This Department shall work accordingly with the designated department
that is responsible for the administration of this article.
C.Â
Maximum and minimum rate. Where a maximum and minimum
charge is hereby provided, the Director of Administration, as mentioned
in this section, shall have the right to fix the rate in each particular
case between the minimum and maximum. In case of a dispute between
the authorized collector and the customer of the commercial property
regarding what the rate shall be, the Director shall have the right
to decide what the rate shall be, and the Director's decision shall
be final.
A.Â
No person shall permit the accumulation of any solid
waste for a period of longer than seven days upon property owned or
occupied by said person in the City with the exception of commercial
properties opting for one bag pickup every other week. Planning and
Development in the City of Greensburg may regulate that certain commercial
properties may not allow their solid waste for a period of time less
than seven days. Any residential or commercial property owner/occupant
shall be in violation of this article if he/she allows any solid waste
to accumulate for a period longer than seven days with the exception
of those commercial properties opting for the one bag every other
week pickup. The violation of this subsection shall be Grade C.[1]
[Amended 4-12-2010 by Ord. No. 1992; 9-14-2015 by Ord. No. 2057]
B.Â
Owners and occupiers of residential and commercial
properties shall make accumulated solid waste available for collection
as scheduled under terms between the City and the authorized collector.
C.Â
All solid waste accumulated on any residential or
commercial property shall be collected, conveyed and disposed of by
the authorized collector under contract with the City of Greensburg.
A person shall be in violation of this article if he has collected
or contracted to collect any solid waste from any residential or commercial
properties within the City from any other persons other than the City's
authorized collector. The fine for violation of this subsection shall
be Grade E.
[Amended 2-10-2014 by Ord. No. 2034]
A.Â
It shall be unlawful to keep or allow in or about
any dwelling or upon any land or other premises within the municipality
solid waste of any kind which is obnoxious or offensive by reason
of dust or odor or which attracts insects or vermin, except in covered
receptacles. The cover shall be tight and flyproof, and it shall be
unlawful to retain accumulation of any of said solid waste so as to
constitute a menace to the health and safety, it being a presumption
that such a menace exists when more than seven days have elapsed after
such solid waste is originally retained, accumulated or permitted
to accumulate. Nothing herein contained shall be construed to permit
the retention of any solid waste which is or becomes obnoxious or
offensive by reason of dust or odor or which attracts insects or vermin.
The fine for violation of this subsection shall be Grade C.[1]
C.Â
No hazardous waste shall be stored or placed out for regular collection
on residential properties. Arrangements for the disposal of household
hazardous waste (HHW) may be made by calling the authorized hauler
and requesting on-call, door-to-door service.
D.Â
Any properties requiring to dispose of hazardous waste
shall contact the authorized collector to make special arrangements.
If at any point the authorized hauler shall not be able to collect
the hazardous waste, the authorized hauler shall immediately notify
the City's Planning Director or their designee. The fine for violation
of this subsection shall be Grade C.
[Amended 9-14-2015 by Ord. No. 2057]
E.Â
Lead acid batteries, such as automotive batteries, may not be disposed
of in the solid waste collection. The fine for violation of this subsection
shall be Grade C.[3] Arrangements for the disposal of vehicle batteries, which
are part of the HHW collection program, may be made by calling the
authorized hauler and requesting on-call, door-to-door service, or
batteries must be taken to a retailer or wholesaler of lead batteries
or to a collection or recycling facility or other facility approved
by the Pennsylvania Department of Environmental Protection (PA DEP).
F.Â
Automotive tires may not be disposed of in the solid waste collection.
These tires must be taken to a retailer or wholesaler of automotive
tires or a collection or recycling facility or a PA DEP approved facility.
The fine for violation of this subsection shall be Grade C.[4]
G.Â
Automotive oils and lubricants may not be disposed in the solid waste
collection. These items are part of the HHW program and may be disposed
of by calling the authorized hauler and requesting on-call, door-to-door
service, or they must be taken to a retailer or wholesaler of automotive
oil that has agreed to accept responsibility of the same or a PA DEP
approved collection or recycling facility. The fine for violation
of this subsection shall be Grade C.[5]
A.Â
All refuse shall be placed and sealed in a bag as
to prevent leakage prior to being placed in the waste container.
B.Â
Every person shall provide sufficient approved containers
for receiving and holding solid waste. Containers shall be kept in
a sanitary condition at all times.
C.Â
Garbage (food waste) and rubbish shall be stored in
a container which shall have a tight-fitting cover, have suitable
handles, be watertight and flyproof and be able to be carried easily
by the collector.
D.Â
Garbage (food waste) shall be drained of liquids.
E.Â
Containers shall be kept tightly covered at all times.
F.Â
Containers shall be of not less than 20 gallons or
more than 35 gallons in capacity for residential properties and should
not weigh over 50 pounds total weight, including container and solid
waste.
G.Â
Each residential property is entitled to dispose of
an unlimited number of waste containers per collection day at normal
cost per billing.
[Amended 12-21-1994 by Ord. No. 1646; 12-9-1996 by Ord. No. 1701]
H.Â
Containers shall be stored on the owner's property.
I.Â
When mechanical bins or detachable containers are
in use, they shall be easily accessible to the collection vehicle.
J.Â
All solid waste shall be stored in containers.
K.Â
The City specifically reserves the right to modify
and to specifically provide for some other receptacle for the handling
of solid waste which the governing body may at some future time deem
to be acceptable, appropriate and beneficial for handling of said
solid waste material.
L.Â
When doing construction, demolition or any work in
which a dumpster, roll-off or waste container is necessary, all construction
material waste from all residential and commercial properties must
be placed in an approved waste container, dumpster or roll-off. Any
hauler wishing to place a container, dumpster or roll-off on streets,
alleys or in public rights-of-way in the City of Greensburg must obtain
prior approval from the Police Department and furnish the Police Department
proof of insurance in the form of a certificate of insurance designating
the City of Greensburg as the certificate holder and naming the City
of Greensburg as additional insured. All waste containers, dumpsters
or roll-offs must have the name and phone number of the hauler displayed
legibly on the dumpster and be clearly marked with reflective material.
The hauler must possess all appropriate state and county licenses.
The fine for violation of this subsection shall be Grade E.[1]
[Amended 12-9-1996 by Ord. No. 1701; 6-9-2008 by Ord. No. 1969]
A.Â
All residential properties' solid waste shall be collected
at least once each week on a scheduled date set in agreement between
the approved collector and the City. In the event of a holiday, pickup
will be the next following workday.
[Amended 12-9-1996 by Ord. No. 1701]
B.Â
All commercial properties' solid waste shall be collected
as often as required by generated volumes and environmental problems
or as mandated by Planning and Development.
[Amended 9-14-2015 by Ord. No. 2057]
C.Â
There shall be no garbage or recycling pickup in the
City of Greensburg on the following holidays: New Year's Day, Memorial
Day, Labor Day, Christmas Day, July 4 or Thanksgiving Day.
[Amended 2-14-1994 by Ord. No. 1613]
D.Â
If the approved collector makes any changes in the
set collection dates other than a change due to holiday, as mentioned,
the approved collector must first have approval of the City's governing
body. They must then notify the customers at least three times within
a six-week period prior to the change. The notification should be
made by mail at least once and in advertisement with local newspapers.
E.Â
All collection and transportation vehicles shall be
constructed of metal or other impervious materials, able to be enclosed
or fitted with a cover which will be used to prevent spillage of the
contents. All waste material dropped on streets or roads shall be
immediately picked up.
F.Â
All vehicles shall be cleaned at sufficient frequency
to prevent nuisance or insect-breeding.
A.Â
Waste containers shall, for the purpose of collection,
be placed at the curbside, in front of all residences, at ground level,
and be made accessible to the collector on and no earlier than the
evening before collection will be made. All waste containers and/or
bags shall be placed at the curbside, in front of all residences.
No collection of solid waste or recycling material will be collected
from any residential or commercial properties from the rear of said
properties (i.e., alleys, etc.) unless this is the only way to access
property or by prior approval by the City Administrator. The approved
collector has the authority to refuse pickup of solid waste or recycling
material if residents and commercial owners and/or occupants do not
comply with this subsection.
[Amended 12-9-1996 by Ord. No. 1701; 4-12-2010 by Ord. No. 1992]
B.Â
Notwithstanding provisions of this article, residential
and commercial property owners/occupants may, by mutual agreement
with the collector, be permitted to place containers at a location
on their property other than as previously stated.
C.Â
Collection shall be made from all properties throughout
the City. This shall include all streets, dedicated or otherwise,
and shall include streets closed for repairs or construction. Special
collection points may be made in agreement with the City.
D.Â
It shall be unlawful for a person other than the approved
collector, personnel from Planning and Development or a person designated
by the Director of Public Safety to interfere in any manner with any
solid waste container or the contents thereof or to remove any such
container from the location where the same was placed by the owner/occupant
thereof or to remove the contents of any such container. The fine
for violation of this subsection shall be Grade D.[1]
[Amended 9-14-2015 by Ord. No. 2057]
E.Â
Waste containers must be removed from the curbside
by 7:00 p.m. on the day of collection.
[Amended 4-12-2010 by Ord. No. 1992]
[Amended 12-22-1994 by Ord. No.
1646]
A.Â
Residential properties shall be collected no earlier
than 6:00 am. and no later than 4:00 p.m. on scheduled collection
dates.
[Amended 2-11-2002 by Ord. No. 1841]
B.Â
Commercial properties in the downtown section of the City shall be
collected no earlier than 2:00 a.m. and no later than 6:00 a.m. on
scheduled collection dates.
[Amended 2-10-2014 by Ord. No. 2034]
C.Â
Special exemptions may be granted by the City Administrator
or the City's Planning Director or their designee to change these
hours on a day-by-day basis, provided that there is a clear and understanding
need to do so.
[Amended 9-14-2015 by Ord. No. 2057]
[Amended 2-14-1994 by Ord. No. 1613; 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
A.Â
Bulky
waste. Residents shall be granted the removal of one bulky waste item
once a month on their regular garbage pickup day. The bulky waste
item shall be placed at the curbside on the day of collection or the
evening before. There will be a charge to any resident by the City-approved
garbage hauler for more than one bulky waste item per month. In the
event of a natural disaster, i.e., flooding, special cleanup coordination
with the contracted hauler shall be managed through the City Administrator.
B.Â
Household hazardous waste (HHW) and e-waste collection. The approved hauler, either through its own equipment and personnel or through a qualified subcontractor, shall provide to the residents of City of Greensburg an on-call, door-to-door e-waste and household hazardous waste ("HHW") collection, processing and disposal service ("HHW service") to include the collection of electronic waste during the term of the contract and any extensions thereto. The purpose of the HHW service is to provide a safe, convenient, efficient and cost-effective method for residents to dispose of acceptable HHW (and electronic) materials as defined under § 227-5 that are otherwise difficult to dispose of and which are being stockpiled in residents' homes. The contractor's HHW service shall include the following mandatory components:
(1)Â
The program must be offered to all residents on an on-call basis.
For residents to schedule a collection date, a toll-free hotline must
be provided with live operators between the hours of 8:00 a.m. and
5:00 p.m. EST, Monday through Friday (English- and Spanish-speaking
operators). An automated call system shall be available for calls
received after hours, on weekends and holidays. A web-based platform
also must be available 24 hours per day, seven days per week, to permit
residents to schedule collections. The call center must be staffed
with individuals who are tasked as their exclusive job to work with
residents and their household hazardous and electronic materials.
Residents may use the program as often during the year as may be needed.
(2)Â
The collector must provide each resident, via U.S. Mail, at least
seven days in advance of the scheduled collection date, a containment
device (box/bag) which is approved by City of Greensburg and meets
DEP requirements. Each containment device should hold approximately
50 to 75 pounds of acceptable materials.
(3)Â
Residents may fill the bag and also can place outside the bag large
items such as straight fluorescent lamps, auto batteries and electronics.
(4)Â
An instruction sheet must accompany the containment device with complete
details about the program. Blank labels shall be included with the
containment device for residents to label and identify unlabeled acceptable
materials. In addition, a preprinted, postage prepaid survey card
must accompany the containment device, soliciting customer feedback
on the service. The return address on the survey cards will be to
a representative to be designated by City of Greensburg.
(5)Â
Acceptable material must be collected from the resident's property
and not from public property, including the curb. Residents must be
advised, during the initial scheduling call, on how to place their
acceptable materials for collection. Technical assistance shall be
available for residents who request assistance.
(6)Â
Scheduling and collection priority shall be given to residents with
disabilities or those who are moving in the immediate future.
(7)Â
All acceptable materials must be properly separated preceding transportation
to avoid contact with incompatible substances, must be packaged properly
by the collector, and must be shipped to permitted facilities for
recycling, treatment or disposal (in that preferred order).
(8)Â
Materials collected must be recycled to the highest degree possible.
Recycle, incineration, treatment, landfill is the applicable hierarchy.
(9)Â
The approved collector is required by DEP to register as a hazardous
waste transporter, obtain an EPA ID number and submit a program registration
to DEP which must be approved prior to work starting. Further, the
disposition site must be permitted to accept hazardous materials and
be included in the documents submitted to DEP.
(10)Â
There can be no separate charge for electronic waste, and the
successful collector must comply with existing state regulations regarding
disposition of electronics. The current state/manufacturer program
does not apply to this bid.
(11)Â
The collector must indemnify the City for any action that may
occur after the collector has taken possession of the materials. The
collector must accept generator status.
(13)Â
The collector shall provide the City of Greensburg with quarterly
and annual reports detailing all materials collected, number of homes
collected from, pounds per home and other pertinent details as may
be required by the City of Greensburg.
(14)Â
The collection of e-waste/HHW from businesses is excluded from
this program. Homes with commercial chemicals, containers of more
than five gallons and home businesses will not be served.
(15)Â
The collector must demonstrate that it and all proposed subcontractors
are registered hazardous waste transporters in good standing with
the state and have all necessary licenses, endorsements, permits and
training to safely and properly manage the household hazardous waste
program in compliance with applicable federal, state and local statutes,
laws, rules and regulations.
[Amended 12-9-1996 by Ord. No. 1701]
A.Â
The approved collector shall provide for the collection
of all solid waste, hazardous waste and any other type of waste determined
by the governing body to all properties within the City of Greensburg
except for those commercial properties who have prior written approval
from the City administration for collection by a different hauler.
B.Â
Only the approved collector under contract with the
City of Greensburg is authorized to pick up solid waste from any commercial
or residential properties within the City of Greensburg, except for
those haulers who have prior written approval from the City administration
for demolition or construction projects. Unless said contract is broken
by agreement or default as specified in said contract, it shall be
unlawful and in violation of this article if any other person is collecting
or is contracted to collect solid waste or hazardous waste within
the City. The fine for violation of this subsection shall be Grade
K.[1]
A.Â
It shall be unlawful for a person to throw, bury,
place or deposit or cause to be thrown, buried, placed or deposited
any solid waste or unlawful solid wastes in or upon any street, alley,
sidewalk, body of water, sewage, storm sewer, public or private property
or any part within the City not mentioned, except as provided in this
article. The fine for violation of this subsection shall be Grade
G.[1]
B.Â
It is unlawful for a person to bring in or permit
any other person to bring upon their property any solid waste or unlawful
solid waste in the City for disposal. The fine for violation of this
subsection shall be Grade G.
C.Â
The authorized collector shall assume full responsibility
for the removal of solid waste within the City.
D.Â
The authorized collector shall dispose of all solid
waste collected within the City at a sanitary landfill or other facility
approved by the Pennsylvania Department of Environmental Protection.
[Amended 2-11-2002 by Ord. No. 1841]
[Amended 12-9-1996 by Ord. No. 1701]
All owners of residential and commercial properties
shall be required to use the services of the authorized recycling
contractor to collect their recyclables for the purpose of compliance
with this article and with Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
A.Â
All residential and commercial owners and/or occupants of property in the City of Greensburg shall separate recyclable materials as defined under § 227-5 from their regular refuse and waste and place the same in a hauler-issued designated recycling container utilizing single-stream recycling as defined under § 227-5 of this chapter.
[Amended 12-9-1996 by Ord. No. 1701; 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
B.Â
All recyclable materials that contain or had contained
food and/or other materials that may spoil or be unsafe shall be rinsed
clean so not to cause any foul odors or risk the health and safety
of the public.
C.Â
All recyclable glass shall not be broken or be placed
in the approved container at a point or position that the same will
break before it is collected by the hauler.
[Amended 12-9-1996 by Ord. No. 1701; 2-11-2002 by Ord. No. 1841; 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
The City has designated a minimum of one container
to store commingled recyclable materials in per residential unit.
The approved hauler shall be responsible for delivering replacement
recycling containers to customers on an as-needed basis upon request
by the customer. The cost and storage of the containers will be the
responsibility of the approved hauler. The hauler will be required
to maintain a sufficient supply of the replacement cans to facilitate
requested deliveries. The hauler shall be responsible for the collection
and disposal of old containers as needed by customers upon the delivery
of a new container.
A.Â
All residential owners and/or occupants shall place
the approved recycling container at the curbside separate from other
rubbish or trash on and no earlier than the evening before the day
of collection.
[Amended 4-12-2010 by Ord. No. 1992]
B.Â
Recycling containers must be removed from the curbside
by 7:00 p.m. on the day of collection.
A.Â
All owners of commercial properties shall be required
to use the services of the authorized collector for the purpose of
compliance with this article, unless the same has and maintains a
preestablished recycling program that has been approved by the Mayor
and Council prior to the enactment of this article.
B.Â
All recyclable items that are not collected in the
preestablished recycling program must be collected by the authorized
collector.
C.Â
All owners and/or occupants of commercial properties
shall separate recyclable materials from their regular refuse and
waste and place the same in an approved container separate from rubbish
and trash in such a manner that is agreed upon by the authorized collector.
D.Â
All recyclable materials that contain or had contained
food and/or other materials that may spoil or be unsafe shall be rinsed
clean so not to cause any foul odors or risk the health and safety
of the public.
E.Â
All recyclable glass shall not be broken or be placed
in the approved container at a point or position that the same will
break before it is collected by the hauler.
[Amended 4-12-2010 by Ord. No. 1992]
In accordance with Subsection C of § 227-20 of this chapter, all owners and/or occupants of commercial properties shall be responsible for obtaining from the authorized collector adequate recycling container(s) to meet the needs of the tenants of their commercial properties. The approved container shall be placed at a central collection point for single-stream recycling. Owners and/or occupants of commercial properties containing more than four residential units where solid waste and recyclable materials are collected at a common site must provide recycling containers to adequately support their residential population.
A.Â
The authorized collector or the commercial property
owners with a preestablished recycling program must provide to the
City Administrator written documentation of the necessary information
that is sufficient for the City to meet the reporting requirements
of Act 101[1] on or before a specified date that is set by the City
Administrator for the City to meet certain deadlines of said Act.
[1]
Editor's Note: See 53 P.S. § 4000.101
et seq.
B.Â
Commercial properties with preestablished recycling
programs must supply the City with monthly tonnage reports in accordance
with Act 101.
[Added 12-9-1996 by Ord. No. 1701]
No person or entity shall be permitted to collect
separated recyclable materials set out for collection within the City
of Greensburg without permission from the governing body of the City
of Greensburg. Notwithstanding any provision of this article, any
person having ownership of recyclables may donate the same to any
nonprofit organization; provided, however, that such donated material
may not be placed for collection at nor collected from the curbside.
The fine for violation of this subsection shall be Grade I.[1]
[Amended 12-9-1996 by Ord. No. 1701]
A.Â
"Yard waste" shall mean leaves, garden residues, shrubbery,
tree trimmings and similar material, but not including grass clippings.
B.Â
During the months of June, July, August and September, the contracted
hauler shall pick up with regular garbage collection all leaf and
yard waste placed in biodegradable bags and tree trimmings and brush
cut and bundled in three-foot sections and weighing less than 40 pounds
that are placed by residential customers at the curbside.
[Amended 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
C.Â
During
the fall, from the second week in October until the first snowfall
or until the end of the first week in December (whichever occurs first)
there will be no requirement for bagging of leaf waste. Residents
may place leaf waste on the street along the curb to be collected
by the City of Greensburg’s leaf vacuum machines in accordance
with a weekly schedule that will be posted on the City’s website
at www.greensburgpa.org.
[Added 4-12-2010 by Ord. No. 1992]
D.Â
During
the months of October through May, the City’s Street Department,
upon request by calling 724-838-4344, will pick up bagged leaf waste
placed in biodegradable yard waste bags. In addition, throughout the
year, Street Department crews will collect piled brush and tree trimmings
piled at the curb upon request by calling 724-838-4344.
[Added 4-12-2010 by Ord. No. 1992; amended 12-11-2017 by Ord. No. 2083]
A.Â
The Council shall, prior to the end of the current
contracting period, set standards and specifications for the bidding
of the collection and removal and disposal for all solid waste and
for the collection, removal and processing of recyclable materials
in accordance with the City's Home Rule Charter and shall advertise
for said bids, giving such notice as it may deem adequate for the
purpose and reserving to the City the right to reject any or all bids.
The City of Greensburg reserves the right at its option to reject
any and all proposals and waive any and all technicalities, informalities
or other deviations from the proposal documents. Proposals shall hold
firm and may not be withdrawn until 60 days after the proposal opening
date. If a satisfactory bid is submitted by one deemed by the Council
to be a responsible bidder, the Council shall award to such bidder
the contract.
B.Â
It is the proposer's responsibility to make a complete
inspection of the City of Greensburg so that he will be familiar with
all conditions under which he makes a proposal.
C.Â
The bidder awarded said contract shall follow all
terms set forth in the contract agreement and in accordance with terms
set for in this article.
A.Â
The collector shall be responsible for billing all
customers and collecting the fees charged under the terms of the contract.
[Amended 4-12-2010 by Ord. No. 1992]
(1)Â
Billing
of residential accounts. The collector shall be responsible for billing
residential customers on a quarterly basis. The due date for each
quarterly billing must be clearly noted on the invoice and can be
no earlier than midway into a quarter. The collector shall bill the
owner of all residential rental structures to include single-family
duplex, and multi-unit rental properties where the units accumulate
solid waste and recyclable materials individually. The owner of said
rental properties shall be responsible for payment of the account(s)
collected from the residential structure(s).
(2)Â
Billing
of commercial accounts: The collector shall be responsible for billing
commercial accounts on a quarterly or monthly basis at the Collector’s
discretion.
B.Â
The contractor shall be entitled to file an action
at law to collect any unpaid service charges. However, the contractor
shall continue to pick up and remove all solid waste and recyclable
items from any account that is delinquent. Nothing herein can excuse
or exempt the contractor from collecting and disposing of all solid
waste and recyclable items within the City of Greensburg.
C.Â
The collector shall be required to provide, as needed, and pick up
on an as-needed and/or regular basis all containers, toters, hand-stops,
and any other garbage containers of solid waste and recyclable materials
on City accounts at these specific locations: City Hall; Electric
Department; Street Department; Mt. Odin Pro Shop; Mt. Odin back pavilions
(April through October); Mt. Odin maintenance shed (November through
March); Lynch Field; Hose Company No. 1; Hose Company No. 2; Hose
Company No. 3; Hose Company No. 6; Hose Company No. 7; Hose Company
No. 8; St. Clair Park; Hutchinson Parking Garage; Bell Parking Garage
and the Five Star Trail near Highland Avenue entrance. The Collector
shall be required to provide, on an as-needed basis, additional containers
and removal of solid waste and recyclable materials during special
annual events conducted on City-owned properties, i.e., the Community
Days celebration at Lynch Field, SummerSounds Series at St. Clair
Park, Fire Department carnivals, golf bashes, etc. and other special
events as requested. Said collections of stated locations and events
shall be without cost to the City.
[Amended 2-11-2002 by Ord. No. 1841; 2-10-2014 by Ord. No. 2034; 12-11-2017 by Ord. No. 2083]
D.Â
The collector shall provide to the City Administration Office accurate
monthly waste stream figures, including copies of all weight slips
from the sale of recyclable materials, as required by the provisions
of Act 101 of 1988[1] and Act 108 of 2010[2] (when applicable). Said reports shall be done on or before
the last day of the following month, i.e., January reports are due
on or before February 28. The report shall show the total weight in
pounds and tons of items picked up monthly for each category (solid
waste and recyclable). A report of annual activities is due on or
before January 31 of each year showing a breakdown of individual items
collected from residential, commercial, municipal and institutional
pickups. The failure of the collector to provide required monthly
and annual reports on time shall constitute a violation of the terms
hereof.
[Amended 2-11-2002 by Ord. No. 1841; 2-10-2014 by Ord. No. 2034]
E.Â
The collector shall have the duty to log all complaints
and report the same to the Council on a monthly basis. Said log shall
include the name, address and telephone number of the complainant,
the nature of the complaint and the disposition thereof.
F.Â
It shall be the responsibility of the collector to
obtain keys to all accounts which require access to the premises immediately
upon the awarding of this contract.
G.Â
The Council shall, at any time after reasonable notice
is given to the collector, have the right to examine the collector's
books, accounts and other records regarding income and expenses for
the collection of recyclable material or solid waste in the City of
Greensburg.
H.Â
The collector shall be responsible for meeting all
requirements of the Pennsylvania Waste Planning, Recycling and Waste
Reduction Act, Act 101 of 1988[3] and all ordinances of the City of Greensburg pertaining
to the collection of solid waste and the disposal, recycling and reduction
of said materials.
[3]
Editor's Note: See 53 P.S. § 4000.101
et seq.
I.Â
All trucks shall have the name of the collector on
both sides, said lettering to be at least five inches high and be
uniform in color.
[Amended 2-11-2002 by Ord. No. 1841]
J.Â
The collector shall have sufficient employees at all
times in order to render adequate service. The collector shall keep
and maintain all trucks in good repair and condition. All trucks shall
be washed with water at the end of each day's use and shall be kept
in a clean and sanitary condition.
K.Â
The collector shall indemnify and save the City of
Greensburg harmless from all liability imposed upon it by law and
arising out of the collection, removal and disposal of solid waste,
as well as the collection, removal and recycling of recyclable items.
L.Â
The collector will comply with the workmen's compensation
laws of the Commonwealth of Pennsylvania and will, at the collector's
expense, procure such insurance as shall be necessary and adequate
to cover and protect all his employees engaged in the collection,
removal and disposal of recyclable items. Said policy shall be exhibited
to the City upon demand. The certificate shall name the City of Greensburg
as an additional insured.
[Amended 4-12-2010 by Ord. No. 1992]
M.Â
Performance bond. The collector shall, within Twenty
calendar days after receipt of notice that the contract has been awarded,
and annually thereafter, file with the City Administration Office
a performance bond with a surety licensed to do business in the State
of Pennsylvania and acceptable to the City of Greensburg in the amount
of $1,000,000.
[Amended 11-12-1991 by Ord. No. 1499; 2-11-2002 by Ord. No. 1841]
N.Â
It is also agreed that the contractor shall be responsible
for any loss, personal injury, death and/or other damage that may
be done to or suffered by any employees of the contractor or any other
persons in connection with the operations to be carried out pursuant
to this contract and shall indemnify and save the City of Greensburg
and/or any of its officers, agents or servants harmless against any
claims for any such loss, injury, death and/or other damages, including
cases of loss, injury and/or damages for which either or both of the
parties hereto may or shall be liable.
O.Â
Any person or persons under the direction or control
of the contractor or his agents or servants or any person or persons
performing the duties of the contractor which arise pursuant to these
specifications or the contract shall be deemed to be employees of
the contractor.
P.Â
The collector shall, at his expense, obtain and keep
in force a policy or policies of insurance insuring himself, his agents,
employees and servants against all general and auto liability arising
out of the collection, removal and disposal of solid waste and recyclable
materials and the ownership, maintenance or use of any landfill provided
by the collector, which policy or policies shall provide for the coverage
of the payment of bodily injury and property damage in an amount of
not less than $1,000,000 for each accident and not less than $2,000,000
for each aggregate. The collector shall cause a certificate to be
issued to the City showing that such policy or policies are in force
and effect and shall include the City as an additional insured. The
collector shall indemnify and hold harmless the City for any and all
claims with respect to the collection, removal and disposal of solid
waste. The successful bidder shall, within 10 days after receipt of
notification that the contract has been awarded, furnish certificates
evidencing proof of all insurance required under the conditions set
for in these bid specifications.
[Amended 2-11-2002 by Ord. No. 1841]
Q.Â
Customer service. The collector shall maintain telephone(s)
sufficient to provide a local or toll-free number to City residents
and account holders with an adequate number of qualified personnel
available to answer calls from customers at all times between the
hours of 8:30 a.m. to 5:00 p.m., prevailing time, Monday through Friday.
The failure of the collector to maintain adequate telephone numbers
and personnel to address customer calls and complaints shall constitute
a violation of the terms of the contract.
[Amended 2-11-2002 by Ord. No. 1841]
R.Â
Maintenance bonds. When competitive bidding is required,
a maintenance bond shall be submitted to the City naming the City
an obligee in 100% of the contract price or such other amount as deemed
adequate by the Council to insure maintenance of all improvements,
work and materials for a period of at least 24 months or such other
extended period of time as deemed necessary by the Council. In those
cases where it is shown that such a maintenance bond is not commonly
available, the Council may waive this requirement.
[Amended 11-12-1991 by Ord. No. 1499]
S.Â
Labor and equipment. All labor and equipment of every
kind necessary to carry out the provisions of these specifications
shall be furnished by, and at the expense of, the collector. The collector
shall provide a sufficient number of trucks to make all collections
in accordance with published and distributed schedules. The trucks
must be available for inspection and approval by the City. The collector
must currently own and have in operable condition with current operating
license and approved certificate of inspection, both issued by the
Commonwealth of Pennsylvania prior to submission of bid, trucks equipped
with devices or equivalent type of closed bodies and enclosed cargo
space, necessary for the collection and recycling of solid waste.
The collector shall submit to the City copies of approved certificates
of inspection, copies of current licenses, proofs of compliance with
the Federal Highway Administration Standards for Drug and Alcohol
Testing for CDL drivers, and notify the City of any revocations or
loss of CDL licenses.
[Amended 2-11-2002 by Ord. No. 1841; 4-12-2010 by Ord. No. 1992]
T.Â
The contractor shall comply with Pennsylvania Municipal
Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[4] and Act 108 of 2010 (when applicable), as amended, relating
to the transportation and disposal of garbage; with all applicable
ordinances and resolutions of the City of Greensburg; with all applicable
ordinances and resolutions of other municipalities (including the
payment of all applicable fees and charges) through which the contractor's
trucks and equipment will travel; and with all applicable rules, regulations
and requirements of the County of Westmoreland, the Commonwealth of
Pennsylvania and the federal government. Each proposer must submit
with his bid a certified copy of the authorization which permits his
method of recycling and/or disposal.
[Amended 2-10-2014 by Ord. No. 2034]
[4]
Editor's Note: See 53 P.S. § 4000.101 et seq.
U.Â
Liquidated damages.
[Amended 2-11-2002 by Ord. No. 1841]
(1)Â
The successful bidder shall specifically acknowledge
that the provision of prompt and reasonable services to the customers
of the City of Greensburg, as well as the provision of adequate reporting
and documentation to the City itself, is critical for the proper performance
under the terms of the contract. If, during the contract period, the
collector shall fail to provide reports or documentation required
or if the collector shall violate the provisions of the agreement
relating to the hours of collection or responsiveness to customer
calls and complaints, the collector shall be liable and pay over to
the City liquidated damages of said violations in each calendar year
of the contract period upon the following schedule:
(a)Â
For the first technical violation, the City
shall provide written notice to the collector in the form of a warning
of violation, and the Collector shall take such reasonable actions
necessary to address the problem.
(b)Â
Upon a second violation, the City shall direct
a written notification to the collector who shall, in addition to
undertaking steps to remedy the violation and to provide written evidence
of the same to the City, be liable and pay over to the City the sum
of $500.
(c)Â
For each subsequent violation in each calendar
year, the City shall provide written notice of the violation, and
the collector shall be liable and pay over to the City the sum of
$1,000.
(2)Â
Upon receipt of the aforesaid notice as to violation
and an invoice for liquidated damages as set forth herein, the collector
shall make payment to the City within 30 days from the date therefrom.
The failure of the collector to undertake such payment of liquidated
damages shall constitute cause of the cancellation of this agreement.
V.Â
The operator of the truck shall stay in or near the
vehicle at all times during the collection process and shall locate
the truck so that traffic is disrupted or blocked as little as possible.
The operator of the truck shall report spills or leaks of oil, hydraulic
fluid, etc., to the City as soon as possible. In addition, there shall
be a foreman present in the City of Greensburg during all collection
operations. The foreman shall supervise the collection crews and report
to the City Administration Office at least once on residential collection
day(s) to receive written and/or verbal communications and complaints.
He shall also be available via cell phone to receive messages of an
urgent or emergency nature.
[Amended 4-12-2010 by Ord. No. 1992]
W.Â
The contractor shall provide a discount of 15% to
any senior citizen 65 years of age or older who is the head of household
of any residential property within the City. This discount shall apply
to the head of household. The owners of rental properties who are
responsible for the payment of garbage at single-family, duplex and
multi-unit residential structures will be eligible for this discount
based upon their tenant population; in order to receive the discount,
they will have to provide proof to Waste Management that a tenant
is a senior citizen 65 years of age or older and the head of household.
The contractor shall allow for payment in full on an annual basis
in January with a two-percent annual discount for such payment to
all residential property owners to include owners of residential rental
properties.
[Amended 12-9-1996 by Ord. No. 1701; 2-11-2002 by Ord. No. 1841; 4-12-2010 by Ord. No. 1992]
X.Â
Advertisements/customer notifications/distributions
of educational materials.
[Added 12-9-1996 by Ord. No. 1701; amended 2-11-2002 by Ord. No. 1841]
(1)Â
The successful bidder shall at his expense be required
to deliver a written letter of introduction approved by the City Administrator
via the United States Mail, to all residents informing them of the
Collector’s customer service phone number, the customer’s
scheduled day of pickup, the collection rate(s) for all residential
dwellings including the Senior Citizen discount rate and the 2% annual
payment discount, and any other information deemed necessary for inclusion
by the City Administrator. The successful bidder shall also be required
to insert the same notification into one local newspaper, the Tribune
Review, on not less than two days, including one Sunday edition. The
successful bidder shall place the first notification in the newspaper
at least three weeks prior to the effective date of the contract period
unless an exception to the three-week requirement is authorized by
the City Administrator.
[Amended 4-12-2010 by Ord. No. 1992; 12-11-2017 by Ord. No. 2083]
(2)Â
Educational materials. The collector shall be responsible
for distribution of such educational materials relating to the solid
waste and recycling programs as deemed necessary by the City. Approved
methods of said distribution shall be by mailing such materials, inclusion
within the recycling container, placing the material near the door
of the residence, or by personal delivery to the resident. It is unlawful
to place any items in a mailbox.
(3)Â
Notification to customers of unacceptable recyclable
materials. In the event any customer is placing unacceptable, nonrecyclable
materials in the recyclable container, the collector shall deliver
a preprinted three-inch by five-inch card to the property owners explaining
that the commingling of recyclable and nonrecyclable materials is
not acceptable. The successful bidder must submit to the City the
preprinted card for approval of the wording on said card.
(4)Â
Notification to customers of unacceptable solid waste
or recyclable materials. In the event any customer is placing any
solid waste or recyclable materials, to include bulky items, grass
clippings, leaf and/or yard waste, etc., out in an unacceptable manner
for pickup, i.e., unbundled brush, etc., or any material that the
collector cannot pick up, i.e., construction materials, etc., the
collector is to notify the customer of the reason collection of said
items(s) was not conducted through the delivery of a three-inch by
five-inch card placed upon the item stating why it was not collected.
[Amended 12-21-1994 by Ord. No. 1646]
A.Â
The first violation of sections or subsections of
this article in accordance for grades previously mentioned shall be
set as follows:
|
Grade
|
Fine
| |
|---|---|---|
|
A
|
Written warning sent by mail as return receipt
requested to the owner or occupant of the property or the violator
by the City's code office
| |
|
B
|
$50.00
| |
|
C
|
$100.00
| |
|
D
|
$150.00
| |
|
E
|
$200.00
| |
|
F
|
$300.00
| |
|
G
|
$400.00
| |
|
H
|
$600.00
| |
|
I
|
$800.00
| |
|
J
|
$1,000.00
| |
|
K
|
$2,000.00
|
B.Â
For a second and subsequent violation, the fine shall
be increased to the next grade higher. In the event that the fine
reaches $600, the next and subsequent fines shall be increased by
$150.
C.Â
Each day of occurrence shall be considered a subsequent
violation.
D.Â
Specifically indicated fines for violations of sections
or subsections of this article shall be marked at the end of any indicated
section or subsection as "fines," with the grade of the violation
off the first offense beside.
E.Â
Fines for violations of any sections or subsections
of this article that are not specifically indicated shall be set as
Grade A of this section for a first offense.
F.Â
The enforcement officer of this article may choose
to first issue a written warning for any violations of this article
in lieu of the specifically indicated grade, depending on its severity.
[Amended 12-9-1996 by Ord. No. 1701]
This article shall take effect immediately upon
enactment, except those sections or provisions of this article that
conflict with present agreements and/or contracts with approved collectors
until such time that those agreements and/or contacts have expired.
