[Adopted 10-21-1991 by Ord. No. 26]
This article shall be known and referred to as the "Solid Waste Ordinance."
A.
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
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 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, forests, or other agricultural lands.
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.
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 Protection.
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 who has
been licensed by the municipality 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, 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 Township of Kilbuck, 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. 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 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 of 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 any 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.[2] 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.
[3]All nonputrescible municipal waste except garbage and other decomposable
matter. This category includes, but is not limited to, ashes, bedding, cardboard,
cans, crockery, glass, paper, wood and yard cleanings.
The unauthorized and uncontrolled removal of material placed for
collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges from
sewage treatment plants and pumpings from septic tanks or septage which are
a municipal solid waste and require proper disposal under Act 97.
Any waste, including, but not limited to, municipal, residual or
hazardous wastes, including solid, liquid, semisolid or contained gaseous
material.
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.
Any supplemental transportation facility used as an adjunct to solid
waste route collection vehicles.
The off-site removal of any solid waste at any time after generation.
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 III.
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.
E.
It shall be unlawful for any person to scavenge any materials
from any solid waste that is stored or deposited for collection within the
municipality without prior approval by the municipality.
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.
A.
The storage of all solid waste shall be practiced so
as to prevent the attraction, harborage or breeding of insects or rodents,
and to eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a
sufficient number of approved containers to store all waste materials generated
during periods between regularly scheduled collections, and shall place and
store all waste materials therein.
C.
Any person storing municipal waste for collection shall
comply with the following preparation standards:
(1)
All municipal waste shall be drained 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 should be
rinsed free of food particles and drained before being placed in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in
approved containers or shall be cut and tied securely into bundles. Bundles
shall be not more than four feet in length, not more than two feet in diameter
and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved
containers or shall be tied securely into bundles of not more than 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.
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)
Disposable plastic bags or sacks are acceptable containers
provided 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)
All containers, either reusable or disposable, shall
also comply with the minimum standards established by the National Sanitation
Foundation.
E.
Any person storing municipal waste for collection shall
comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at
all times. Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition
at all times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected, as often as necessary, to prevent the accumulation
of liquid residues or solids on the bottom or sides of the containers.
(3)
Containers shall be used and maintained so as to prevent
public nuisances.
(4)
Containers that do not conform to the standard 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 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.
A.
The municipality shall provide for the collection of
all garbage, rubbish and bulky wastes from individual residences and multifamily
residential sources with less than four units, or it may contract with a private
collector or collectors to provide this essential residential collection service.
B.
All households and homeowners shall utilize the residential
collection service provided by the municipality.
[Amended 11-21-1995 by Ord. No. 51]
C.
All multifamily residential sources (with more than four
units), commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the municipality's
collector or any other properly licensed waste hauler of their choice.
D.
All residential garbage and rubbish shall be collected
at least once a week. Bulky wastes shall be collected following prior arrangement
with the municipality's collector and payment of any required special
fees.
E.
All commercial, institutional, public and industrial
lunchroom and office waste containing garbage shall be collected at least
once a week. Rubbish collection from these sources shall be made as often
as necessary to control health hazards, odors, flies and unsightly conditions.
The municipality reserves the right to require more frequent collection when
deemed necessary.
F.
Residential collection schedules shall be published regularly
by the municipality or its contracted hauler.
G.
All solid waste collection activity shall be conducted
from Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or
on Saturdays between the hours of 9:00 a.m. and 4:00 p.m., unless prior approval
or any exception has been granted by the municipality. No collection, hauling
or transporting of solid waste shall be permitted on Sunday.
H.
All licensed haulers and haulers under contract with
the municipality shall comply with the following standards and regulations:
(2)
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)
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, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated
and maintained in a clean and sanitary condition.
A.
The governing body of the municipality shall be authorized
to make funds available, in accordance with the laws and procedures of the
municipality, for the establishment, maintenance, and operation of a municipal
solid waste collection and disposal system, or for the contracting of such
service to a private collector.
B.
Annual fee schedules (if appropriate) shall be published
by the municipality on any competitively bid residential collection service
contract that may be awarded by the municipality.
C.
The municipality's contracted hauler and other licensed
haulers shall be responsible for the collection of any fees for solid waste
collection and disposal services provided to residential, commercial, institutional,
or industrial sources within the municipality.
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.
D.
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.
The municipality may petition the Court of Common Pleas of Allegheny
County, Pennsylvania, for an injunction, either mandatory or prohibitive,
to enforce any of the provisions of this article.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not less than $300 nor more than
$1,000, plus costs of prosecution. In default of payment thereof, the defendant
may be sentenced to imprisonment for a term not exceeding 30 days. Each day
or portion thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article that
is violated shall also constitute a separate offense.
