[HISTORY: Adopted by the Borough Council of the Borough of Bell Acres 9-14-1992 by Ord. No. 159. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Solid Waste Management Ordinance."
A. 
The following words and phrases, as used in this chapter, shall have the meanings 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 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
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.
DEPARTMENT
The Pennsylvania Department of Environmental Resources.
DISPOSAL
The incineration, deposition, injection, pumping, 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.
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 licensed by the Allegheny County Department of Health and who collects, transports and disposes of refuse for a fee.
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.
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 Bell Acres, 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 provision 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 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.
REFUSE
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 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, 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.
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.
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.
B. 
In this chapter, 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 Borough 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 Allegheny County Department of Health 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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the Allegheny Department of Health 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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the Allegheny County Department of Health Rules and Regulations, Article VIII.
D. 
It shall be unlawful for any person to commercially haul, transport, collect or remove any solid waste from public or private property within the municipality without first securing a license to do so from the Allegheny County Department of Health.
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.
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 or public or private property within the municipality except as provided in this chapter.
A. 
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents or other vermin and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B. 
Every person shall provide a sufficient number of approved containers for receiving and holding all solid waste generated during periods between regularly scheduled collections.
C. 
All municipal waste shall be stored in a container which shall have a tight-fitting cover and be kept in safe and sanitary condition at all times.
D. 
Garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
E. 
Garden clippings and tree trimmings to be disposed of shall be placed in approved containers or shall be cut and tied securely into bundles.
F. 
Containers shall be stored on the owners' or customers' premises at all times, with the exception of pickup days, when the containers are placed out for collection.
G. 
Bulk waste items such as furniture, automobile parts, appliances, machinery and tires shall be stored in a manner that will prevent the accumulation and collection of water, harborage of vectors and does not pose a safety hazard.
A. 
All individual residences, multifamily residential sources and commercial, institutional and industrial establishments shall negotiate and individually contract for collection service with a properly licensed waste hauler.
B. 
All residential garbage and rubbish shall be collected at least once a week.
C. 
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.
D. 
All haulers operating within the municipality shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the municipality shall ultimately be disposed of 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 Department of Health.
(3) 
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors and the creation of odors and other nuisances and shall be operated and maintained in a clean and sanitary condition.
(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.
All properly licensed haulers operating in the municipality 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.
Any person who violates any provision of this chapter shall, upon conviction, be guilty of a summary which is punishable by a fine of not less than $25 nor more than $300, or in default of payment of such fine, then by imprisonment for a period of not more than 10 days, or both. Each day of violation shall be considered a separate and distinct offense.