[HISTORY: Adopted by the Council of the Municipality of Murrysville 10-20-1999 by Ord. No. 526-99. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 120, Garbage, Rubbish and Refuse, consisting of Art. I, Dumping and Collection, adopted 12-8-1960, as amended; and Art. II, Accumulation, adopted 3-1-1971 by Ord. No. 56-71, as amended.
This chapter shall be known and referred to as "Chapter 120, Garbage, Rubbish and Refuse."
The following words and phrases as used in this chapter shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
- ACT or ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).
- AGRICULTURAL WASTE
- Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided that such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
- BULKY WASTE
- 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.
- COMMERCIAL ESTABLISHMENT
- Those properties used primarily for commercial or industrial purposes and multiple-dwelling residential buildings with central waste collection systems provided by the owner or landlord.
- COMMUNITY ACTIVITIES
- Events that are sponsored by the public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- A mixture that consists largely of decayed organic matter and is used for fertilizing and conditioning land.
- CONSTRUCTION DEMOLITION WASTE
- 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 Municipal Council of the Municipality of Murrysville.
- 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 into the waters of the Commonwealth of Pennsylvania.
- DOMESTIC WASTE or HOUSEHOLD WASTE
- Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
- FAMILY FARM CORPORATION
- A corporation of which at least 75% of its assets are devoted to the business of agriculture and at least 75% of each class of stock of the corporation is continuously owned by members of the same family. The business or agriculture shall not be deemed to include:
- (1) Recreational activities, such as but not limited to hunting, fishing, camping, skiing, show competition or racing.
- (2) The raising, breeding or training of game animals or game birds, fish, cats, dogs or pets or animals intended for use in sporting or recreational activities.
- (3) Fur farming.
- (4) Stockyard and slaughterhouse operations.
- (5) Manufacturing or processing operations of any kind.
- Any parcel of land containing five or more acres which is used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
- 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.
- HAULER or PRIVATE COLLECTOR
- Any person, firm, corporation, 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.
- HAZARDOUS WASTE
- 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.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, orphanages, churches, day-care centers, schools and universities.
- MULTIFAMILY RENTAL PROPERTIES
- Any properties having more than one dwelling unit per structure for which the owner, landlord or agent authorizes municipal waste collection services. Properties with more than one unit per structure for which individual occupants authorize municipal waste collection services are to be considered as residences.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Municipality and other governmental and quasi-governmental authorities.
- MUNICIPAL WASTE
- 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.
- The Municipality of Murrysville, Westmoreland County, Pennsylvania.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this chapter prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.
- All solid waste materials which are discarded as useless.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting 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.
- 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.
- SEWAGE TREATMENT RESIDUES
- Any coarse screenings, grit and de-watered 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.
- SOLID WASTE
- Any waste, including, but not limited to, municipal residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- 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.
- TRANSFER STATION
- 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.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
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, waste material or debris of any kind; junk; scrapped or wrecked motor vehicles and/or trailers; flammable articles and/or stored vehicles without a current inspection sticker and current license; and/or any other municipal or residual solid waste except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and any Health Department rules and regulations. Vehicles without current inspection stickers and current licenses that are stored indoors are exempt from the provisions of this section.
A scrapped, wrecked or stored motor vehicle maintained as aforesaid shall be deemed in violation of the provisions of this section if, for a period of 30 days, said vehicle is without either a current inspection sticker and/or a current license. A dealer's license shall be deemed the equivalent of a current license upon compliance with the provisions of both Subsection A(2)(a) and (b)
Any person, firm or corporation which is a licensed new or used motor vehicle dealer shall not be deemed in violation of this section, provided that:
The scrapped, wrecked or stored motor vehicle is maintained pursuant to the dealer's business operation; and
It shall be unlawful for any person to burn any solid waste within the Municipality except in accordance with the provisions of Chapter 115 of the Murrysville Code, any Department rules and regulations adopted pursuant to Act 97 and any Health Department rules and regulations.
Editor's Note: Chapter 115, Fire Prevention Code, was repealed 12-15-2004 by Ord. No. 671-04; see now Ch. 96, Construction Codes, Uniform, for provisions relating to open burning. See also Chapter 182, Art. III, for provisions relating to the Municipality's Leaf Recycling Program, adopted 10-6-2004 by Ord. No. 673-04.
It shall be unlawful for any person to dispose of any solid waste in the Municipality except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and any Health Department rules and regulations.
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Municipality for compensation without first securing a license and paying applicable fees to do so in accordance with the provisions of this chapter.
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 permission of the property owner or the prior approval of the Municipality.
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.
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 chapter.
It shall be unlawful for any person to permit the dumping or depositing of garbage, rubbish, waste or refuse upon any land situated within the territorial limits of the Municipality of Murrysville.
The owner of any premises, as pertains to vacant premises or premises occupied by other than the owner thereof, shall remove all garbage, rubbish, waste material and debris of any kind, junk, scrapped or wrecked motor vehicles and/or trailers, flammable articles or stored vehicles without a current inspection sticker and or current license remaining upon such premises in violation of the provisions of § 120-3 of this chapter.
Nothing in this section shall be construed to prohibit the composting of organic materials, provided that it does not produce offensive odors detectable at the property line or attract rodents or vermin.
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.
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.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained of free liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
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.
Those newspapers and magazines that are not eligible for recycling shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
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.
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:
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.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
The capacity of reusable containers for individual residences shall be determined by contracted waste hauler.
Disposable plastic bags or sacks are acceptable containers, provided that the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
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.
Containers shall be used and maintained so as to prevent public nuisances.
Containers that do not conform to the standard of this chapter or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Municipality or its designated representative.
Containers shall be placed by the owner or customer at a collection point within five feet of the road edge or curbline.
With the exception of pickup days, when the containers are set out for collection, the containers shall be kept more than 30 feet from the street property line of the owner or customer premises at all times.
All garbage, rubbish or waste in proper containers must not be set out more than 24 hours prior to the scheduled pickup.
Bulk waste items, such as furniture, automobile parts, machinery, appliances and tires, shall be stored in a manner that will harbor no rodents, collect no water and cause no fire or safety hazards.
Items containing freon and/or other hazardous materials must have materials removed by a certified technician prior to collection.
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this chapter. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and shall comply with the Murrysville Zoning Ordinance.
The Municipality shall provide for the collection of all garbage, rubbish and bulky waste 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.
All households and homeowners shall utilize the residential collection service provided by the Municipality.
All multifamily residential sources (with more than two 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.
Active working farm/family farm corporations shall utilize the residential collection service provided by the Municipality unless verification is provided to the Municipality demonstrating contracted commercial collection services with a licensed waste hauler.
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.
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.
Residential collection schedules shall be published regularly by the Municipality or its contracted hauler.
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 7:00 p.m. or on Saturdays between the hours of 8:00 a.m. and 5:00 p.m., unless prior approval or any exception has been granted by the Municipality. Saturday collections shall only be permitted with prior written approval from the Chief Administrator. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
All licensed haulers and haulers under contract with the Municipality shall comply with the following standards and regulations:
All municipal waste collected within the Municipality shall ultimately be disposed only at a landfill cited in the Westmoreland County Act 101 Solid Waste Management Plan or any subsequent revisions thereto.
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 Municipality.
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.
Collection vehicles for rubbish and other nonputrescible solid waste shall be enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
The Municipality or its designated hauler reserves the right to inspect solid waste placed for removal and reject any solid waste containing hazardous, illegal or otherwise unacceptable items.
In the event that the Municipality secures contracted services for the collection and disposal of refuse collection and performs invoicing services in-house, the following shall be in force:
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.
Annual fee schedules shall be published by the Municipality on any competitively bid residential collection service contract that may be awarded by the Municipality.
The Municipality shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial, institutional and industrial customers unless covered by the municipal contract.
Fees required to be paid to the Municipality with regard to the provisions of this chapter shall be as set forth in Chapter 112, Fees, of the Murrysville Code.
The Chief Administrator shall establish reasonable and appropriate procedures for the billing and collection of fees.
The Municipality is hereby authorized and directed to give notice, by personal service or by United States mail, to the owner or occupant, or both, as the case may be, by certified mail, of any premises where garbage, rubbish, waste material and debris of any kind, junk, scrapped or wrecked motor vehicles and/or trailers, flammable articles or stored vehicles without a current sticker and/or current license, as aforesaid, are being accumulated or remain in violation of the provisions of this chapter, directing and requiring such owner or occupant to conform with the requirements of this chapter within five days after issuance of such notice.
The Municipality may petition the Court of Common Pleas of Westmoreland County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.
[Added 12-16-1992 by Ord. No. 305-91]
In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the municipal authorities may remove the garbage, rubbish, waste material and debris of any kind, junk, scrapped or wrecked motor vehicles and/or trailers, flammable articles or stored vehicles without a current inspection sticker and/or current license, as aforesaid; the cost thereof, together with any additional payment authorized by law, may be collected by the Municipality from such person, firm or corporation in the manner provided by law for the collection of municipal claims or by an action of assumpsit.
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any of the provisions of this chapter shall, upon conviction thereof in a summary proceeding before a District Justice having jurisdiction of the matter, be sentenced to pay a fine of not more than $600 and cost of prosecution and, in default of payment of such fine and costs, to undergo imprisonment in the county jail for not more than 30 days, provided that each day's violation shall constitute a separate offense, and neither notice to the offender of a single day's violation nor repeated notice of a continuing violation shall be necessary in order to constitute an offense.
In addition to the other powers herein set forth for violation of this chapter, the Municipality may institute proceedings in courts of equity.