[HISTORY: Adopted by the Borough Council
of the Borough of Bradford Woods as indicated in article histories.
Amendments noted where applicable.]
[Recycling in the Borough of Bradford
Woods is governed by county regulations.]
|
[Adopted 11-11-1991 by Ord. No. 331]
This article shall be known and referred to
as the "Borough of Bradford Woods Solid Waste Management 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
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 meanings ascribed herein, unless the context clearly
indicates a different meaning:
The Act of July 7, 1980, P.L. 380, No. 97, 35 P.S. § 6018.101,
ff., known as the “Solid Waste Management Act.”
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 aquacultural 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 and
it authorized representative.
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 or physical,
chemical, or infectious characteristics may cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
The Borough of Bradford Woods, 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 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.
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.[1] Residual waste shall not include treatment sludges from
coal mine drainage treatment plants, disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Clean Streams Law.[2]
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes but is not limited to
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
The unauthorized and uncontrolled removal of 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 pumpings
from 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 Allegheny County 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 Allegheny County Health Department Rules and Regulations,
Article VIII.
C.
It shall be unlawful for any person to dispose of
any solid waste in the municipality except in accordance with the
provisions of this article, any Department rules and regulations adopted
pursuant to Act 97 and the Allegheny County Health Department Rules
and Regulations, Article VIII.
D.
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.
E.
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.
F.
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 should 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 in the front
yard or at the curbline or at a collection point specified by the
municipality no earlier than 3:00 p.m. on the day preceding the day
designated for pickup.
[Amended 5-8-2017 by Ord.
No. 452]
(6)
The owner or customer shall remove or cause to be removed from the
curbline and/or the front yard, and shall cause to be placed out of
view from the street, the emptied containers; said removal shall be
accomplished no later than 12:00 midnight on the day of pickup.
[Amended 5-8-2017 by Ord.
No. 452]
(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 unless they can demonstrate
that they have made alternate arrangements that are consistent with
this article and approved by the municipality.
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 7:00 a.m. and 6:00
p.m. or on Saturdays (if a holiday during the week prevents collection
on such day) between the hours of 7:00 a.m. and 6:00 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:
(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 in 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.
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.
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 for an injunction, either mandatory or prohibitive,
to enforce any of the provisions of this article.
[Amended 10-13-2003 by Ord. No. 386; 5-8-2017 by Ord. No. 452]
A.
Any person, firm or corporation who shall violate § 183-4E of this article during any calendar year shall, on the first offense, be subject to a penalty of $50, on the second offense be subject to a penalty of $100, and on the third and every subsequent offense be subject to a fine of $500, or such penalty amount as may be set from time to time by resolution.
B.
Any person, firm or corporation who shall violate provisions of this article not addressed in Subsection A above shall, upon conviction before the District Justice having jurisdiction thereof, be sentenced to pay a fine of not more than $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, be subject to imprisonment for not more than 30 days. Each day of violation shall be considered a separate and distinct offense.