Borough of Emsworth, PA Solid Waste

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).[1]

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 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

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

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.

CURBSIDE/AT THE CURB

The side of any public road and shall also mean the side of a private road when there are two or more houses on the private road and the private road is of sufficient width to enable the collector's truck to travel the road and have the means to turn around within a roadway or driveway.

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

DISPOSAL

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.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

DWELLING UNIT

The unit characterized for occupancy as a residence by a family unit and having both kitchen facilities and sanitary facilities.

GARBAGE

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, copartnership, association or corporation who has been authorized by the municipality or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed. In the event that a bid is submitted by a partnership, one partner shall assume responsibility as a "general partner" and any bonds submitted by the partnership shall pledge the full responsibility and liability of the "general partner."

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:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

HOUSEHOLD STRUCTURE

Each structure containing at lease one dwelling unit and not more than four dwelling units.

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

Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.

MUNICIPALITY

The Borough of Emsworth, Allegheny County, Pennsylvania.

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.

PERSON

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.

PROCESSING

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.

REFUSE

All solid waste materials which are discarded as useless.

REFUSE CONTAINER

A container specifically made for the purpose of storing garbage. It may be constructed of either metal or plastic and shall be watertight, covered, and no larger in size than 40 gallons. Three-ply plastic bags may be used.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[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]

RUBBISH

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.

SCAVENGING

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 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.

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.

STORAGE

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.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: See 52 P.S. § 30.51 et seq.

[3]

Editor's Note: See 35 P.S. § 691.1 et seq.

In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 198-3 Prohibited activities.

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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with the provisions of this chapter, Borough Ordinance No. 892,[1] any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.[2]

[1]

Editor's Note: See Ch. 86, Burning, Open.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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 the Health Department Rules and Regulations, Article VIII.

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 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 prior approval by 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.

Debris and bulky items.

(1)

The hauler/contractor is not required to pick up remodeling and construction materials, paving materials, cement, stones, sand, dirt, broken concrete, concrete wash tubs, tires, batteries, sod, flammable liquids, metal fifty-five-gallon drums and metal grease drums, motor oil and/or any appliance that contains freon. The homeowner must make arrangements with the hauler/contractor for the removal of items outlined above.

(2)

Failure to remove the items listed in Subsection H(1) for a period of 14 days shall constitute a violation of this chapter, and any person found guilty of said violation shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution and costs of removal of the items, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days.

§ 198-4 Storage standards.

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 waster materials therein.

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.

(7)

Christmas trees placed at curbside will be collected at no extra cost to the residents.

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 materials, 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.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(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)

Said containers shall be properly secured so as not to be easily toppled or spilled by winds, storms, or animals.

(6)

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:

(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 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.

(5)

Containers shall be placed by the owner or customer at curbside/at the curb. Backyard pickup shall be provided at the request of the resident at an additional charge to be mutually agreed upon by resident and hauler.

(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 including but not limited to furniture, machinery, and appliances shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.

The storage of all municipal waste from dwelling units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this chapter. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.

§ 198-5 Collection standards and regulations.

The municipality shall provide for the collection of all garbage, rubbish and bulky wastes from individual residents and dwelling units with four or fewer units.

All household structures and homeowners shall utilize the residential collection service provided by the municipality.

All dwelling units (with more than four units), commercial, industrial, and institutional establishments, churches, hospitals, convalescent homes, and group living homes must negotiate and individually contract collection service with a properly licensed waste hauler of their choice, subject to approval of the municipality.

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.

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 garbage and rubbish shall not be placed at curbside or other designated locations before 12:00 noon the day before the scheduled collection and must be removed from said curb by 12:00 noon the day after collection.

The collection of garbage, refuse and rubbish is hereby only permitted by private garbage collectors between the hours of 6:00 a.m. and 9:00 p.m., Monday through Saturday. No collections of garbage, refuse and rubbish by private collectors is permitted from Saturday 9:01 p.m. through Monday 5:59 a.m. In the case that a scheduled collection would fall on a holiday, the contracted hauler shall provide sufficient additional vehicles during the week of the holiday in order that all of the materials will be collected on days other than the holiday.

[Amended 9-11-2002 by Ord. No. 928]

All licensed haulers and haulers under contract with the municipality shall comply with the following standards and regulations:

(1)

All municipal waste collected within the municipality shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan - 1990 or on subsequent revisions thereto.

(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.

§ 198-6 Collection and disposal charges.

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 (if appropriate) shall be published by the municipality on any competitively bid residential collection service contract that may be awarded by the municipality.

The contractor, USA Waste of Pennsylvania, Inc., shall, so long as it faithfully performs its obligations under the contract with the Borough of Emsworth, be entitled to bill Borough of Emsworth residents directly for the monthly sum for service, less a senior citizens' discount, if any. The contractor shall notify the Borough of its fee collection schedule prior to the effective date of the contract. The contractor shall notify the Borough with at least 30 days' notice of subsequent collection efforts, including delivery to the Borough of a copy of any delinquent notices and correspondence. The entire contract between the Borough of Emsworth and USA Waste of Pennsylvania, Inc., is hereby incorporated by reference thereto, as though fully set forth at length herein.

[Amended 4-14-1999 by Ord. No. 906]

The governing body of the Borough of Emsworth shall establish rates to be charged to each homeowner of the Borough for the purpose of collection and removal of garbage, rubbish and/or bulk waste. The governing body of the Borough of Emsworth shall reserve the right to change fees/charges and/or billing procedures at any time.

The governing body of the Borough of Emsworth mandates that all homeowners of the Borough of Emsworth subscribe to the contracting service provided by the Borough of Emsworth. Collection shall include all household structures, but not including apartment buildings of more than four dwelling units, churches, schools, hospitals, commercial and business establishments, convalescent homes or establishments and group living homes.

Pursuant to the contract between the Borough of Emsworth and USA Waste of Pennsylvania, Inc., the contractor may enforce all charges lawfully imposed for the collection, removal, and disposal of all garbage and rubbish by all legal means, which charges shall include, but not be limited to, a penalty of $100 for late payments, 10% interest per annum on the unpaid balance, costs of suit, and reasonable attorney's fees. Said fee may hereafter be amended by ordinance or resolution of the Borough Council of the Borough of Emsworth.

[Amended 4-14-1999 by Ord. No. 906]

§ 198-7 Administrative appeals.

All appeals shall be made in writing to the governing body of the municipality.

Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.

Appeals may be made by the following persons: 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.

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.

§ 198-8 Injunction powers.

The municipality may petition the Allegheny County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.

§ 198-9 Violations and penalties.

[Amended 4-14-1999 by Ord. No. 906]

Any person who violates any provision of this chapter shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days. Each day of violation shall be considered a separate and distinct offense.