§ 205 Collection Regulations; Commercial, Institutional and Governmental Establishments and Community Activities.
[Ord. 1771, 5/23/1985, § 1]
Findings of Fact.
The Board of Commissioners of the Township of Harrison finds that Township government expenses can be reduced by ending the Township's participation in the selection of garbage collection contractors and the Township's involvement in garbage collection billing.
Garbage, rubbish and trash collection can be adequately performed in the Township through operation of the free enterprise system if the Township permits and requires residents to contract with licensed collectors of their choice for such collection.
The Township's involvement in garbage, rubbish and trash collection can appropriately be limited to that of licensing collectors, regulating collection and enforcing the prohibition of dumping within the Township.
The uncontrolled accumulation or disposal of garbage, rubbish, or trash creates a hazard and danger to the health, safety and welfare of the people of the Township of Harrison.
Declaration of Policy.
The purpose of this Part is to reduce Township government expenditures, to promote the freedom of choice, free enterprise system and business opportunity as respects collection of garbage, rubbish and trash in the Township and to protect the health, safety and welfare of people of the Township by regulating such collection.
[Ord. 1771, 5/23/1985, § 2; as amended by Ord. 1838, 7/25/1994, § 1]
No person shall keep, bury or suffer to remain on any property, public or private, any garbage, rubbish or trash or dump the same upon any lot or piece of ground within the Township of Harrison or upon the shores or into the waters of any stream or body of water, or into any sewer, inlet or upon any sidewalk or street within the Township. No person shall use or permit to be used any spot or premises within the Township as a private dump for garbage, rubbish or trash.
[Ord. 1771, 5/23/1985, § 3; as amended by Ord. 1822, 11/18/1991, § 1; and by Ord. 1838, 7/25/1994, § 2]
From and after June 1, 1985, all garbage, rubbish and trash originating from residential dwellings within the Township shall be restored, collected and removed solely as hereinafter provided.
Collections must be made at least every seventh day at the curb in front of each residential dwelling or in the alley as may be applicable. Residents are responsible for taking their garbage to the curb or alley and returning containers to their property.
Collections must be made between 5:00 a.m. and 7:00 p.m. prevailing time in the areas and on the days designated in the collection schedule attached to this Part as § 110 hereof.
In order to prevent unexpected discontinuance of collection, collectors must provide 30 days' written notice to the Township and to any affected resident prior to ceasing regular collection from any resident. This requirement shall apply regardless of whether the collector has been fully or promptly paid for collection, however, this provision is in no way intended to relieve residents of their legal obligations to pay for collection.
All municipal waste, garbage, rubbish or trash collected within the Township shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan — 1990, or in subsequent revisions thereto.
The owner, landlord or agent of the landlord, and the tenants and/or occupants of the dwelling shall be responsible for the prompt collection and removal of recyclables and solid waste and the timely payment of bills for collection of solid waste or recyclables. Should any of these persons fail to arrange for the prompt collection and removal of recyclables and solid waste, or timely payment to an authorized hauler for collection services, they may be prosecuted in accordance with the Sections of this Part governing penalties for violation and permitting other remedies for failure to comply. In particular, and without limitation on any other remedy, landlords are responsible for the prompt collection and removal of recyclables and solid waste generated by tenants, and landlords shall be deemed in violation of this Part to the extent that their tenants fail to arrange for prompt collection and removal of solid waste and recyclables and/or prompt payment of bills issued by authorized haulers for solid waste or recyclables collection.
When uncollected garbage poses a health hazard, the Township is authorized through its proper officers to have an emergency collection made of any garbage uncollected at any property due to nonpayment of the garbage bill. Such emergency collection may be by the Township's own personnel or by third parties. In either case, the Township may file any necessary legal proceedings to hold the property owner and/or any tenant or other occupant individually or jointly liable for all costs of such collection plus attorneys' fees, and, in addition, the Township may also lien the property for all costs of such collection plus attorneys' fees.
[Added by Ord. 1887, 8/27/2001]
Private Contract for Certain Landlords.
[Added by Ord. 1891, 8/26/2002; as amended by Ord. 1940, 6/29/2009]
Notwithstanding anything herein to the contrary, as of the effective date of this Subsection H, it shall be the duty of each landlord or owner of residential property with less than four dwelling units to contract with the collector designated by the Township to collect all garbage, waste and recyclables generated at the premises, such contract to provide for the collector to bill the landlord or owner directly for the cost of collection and for the landlord or owner to pay for such cost of collection. The duty of the landlord or owner to pay for garbage collection may not be delegated to a tenant or occupant.
Landlords and property owners may seek exemption from the requirement set forth above, to contract for collection with the collector designated by the Township, as follows:
The landlord or owner submits a written request for exemption to the Township, citing three or more instances in which the designated collector failed to collect or bill properly. The written request must be accompanied by a proposed written agreement with another collector approved by the Allegheny County Health Department or Harrison Township. The written request shall also be accompanied by a nonrefundable fee in the amount of $25 to defray review and hearing costs.
The written request must also show that the collector was given notice of the problem and an opportunity to cure on each occasion.
Any request for exemption shall be forwarded to the Township's designated collector for reply before being acted upon by the Board of Commissioners or the Board’s designee.
The Board of Commissioners, or the Board's designee, may hold a Local Agency Law hearing to determine whether to grant the request for exemption if it is found that improper service or billing has occurred.
For purposes of this Section, the Township's "designated collector" shall be the collector awarded the contract for collection of municipal waste and recyclable materials by the Township.
[Added by Ord. 1940, 6/29/2009]
[Ord. 1771, 5/23/1985, § 4]
Garbage, rubbish and trash must be collected and disposed of by and only by collectors licensed by the Township. License procedures and requirements are as follows:
No license shall be granted except upon application and approval by the Township Secretary or other Township official as may be designated by the Board of Commissioners.
Each application shall contain the following information:
Name, address and telephone number of the person or entity seeking the license.
A statement of the collectors' experience in the collection of garbage, rubbish and trash.
Submission of a letter from the office of the County Commissioners of Allegheny County, Department of Health, certifying that the County has duly licensed said collector to collect and transport solid waste.
A list of collection vehicles specifying the type, cubic yard capacity and license number of said vehicles including the Allegheny County solid waste permit sticker number applicable to each vehicle.
Documentation evidencing that the collector has disposal rights in an approved, licensed disposal dump for a period of at least one year.
Documentation evidencing public liability insurance coverage in the amount of at least $1,000,000 and property damage insurance coverage in the amount of $10,000 said documentation to be, in form and content, acceptable to the Township Solicitor.
Each application shall also contain the following statements followed by the applicant's signature:
"Intending to be legally bound and in consideration of the grant of a collector's license, applicant hereby covenants and agrees to release, hold harmless and indemnify the Township of Harrison and its employees, agents and officers from any and all liabilities, causes of action, claims, or damages which may arise by virtue of the grant of the applied for license or the applicant's conduct."
"I verify that the statements herein are true and correct. I understand that false statements herein are made subject to penalties of 18 P.A. C.S.A. § 4904 relating to unsworn falsification to authorities."
The applicant shall submit with the application a nonrefundable application fee in an amount to be established by the Board of Commissioners by resolution.
[Ord. 1771, 5/23/1985, § 5]
The Secretary of the Township or such other Township officer as the Board of Commissioners shall designate shall review each application and conduct such investigation and inspection in connection therewith as may be necessary to ascertain whether the application is complete and accurate and that the requirements set forth in § 104 have been met.
If it is found that the application is complete and accurate and that the requirements set forth in § 104 have been met, the appropriate Township official shall issue a license to the applicant upon payment of the required nonrefundable license fee, if any, established by the Board of Commissioners.
All licenses shall contain:
The name, address and telephone number of the person authorized to collect and dispose of garbage, rubbish and trash by the Township of Harrison.
A statement that the license is revocable for cause under the conditions set forth at § 106 or upon formal action taken at any time by the Board of Commissioners of the Township of Harrison to terminate the licensing system set forth herein in order to establish a better method of garbage collection and to protect the health, safety and welfare of the Township.
A statement that a copy of said license shall be carried at all times in each collection vehicle used by the collector within the Township and must be shown to any Township official upon request.
The signature of the Township officer granting the license and the date of issuance.
A statement that the license shall automatically expire, if not renewed, one year after its issuance.
The license shall be in effect for a period of one year but shall be subject to revocation at any time by the Township for cause as described in § 105 or upon adoption of a resolution or ordinance by the Board of Commissioners finding that the health, safety and welfare of the Township requires that the Township provide for collection of garbage through award of an exclusive contract or otherwise and that the method of collection as established by this Part is not adequate to protect the health, safety and welfare of the Township.
If it is found that the application is not complete, not accurate or that the requirements of § 104 above have not been met, then the appropriate Township officer shall deny the applicant a license. When a license is denied, the Township Secretary shall send written notice of the denial to applicant's last known address by certified mail, return receipt requested. Such notice shall inform applicant of the grounds for denial and of applicant's right to appeal such denial in accordance with § 107 hereof.
[Ord. 1771, 5/23/1985, § 6]
A collector's license may be revoked by the Township Secretary or other designated Township official if the licensee is found to have made any false statement in connection with the license application or if the licensee fails to comply with the requirements of this Part.
Upon revocation of a license pursuant to this Section, the Township Secretary shall send written notice of the revocation to the licensee's last known address by certified mail, return receipt requested. Such notice shall inform such licensee of the grounds for revocation and of the licensee's right to appeal such revocation in accordance with § 107 hereof.
[Ord. 1771, 5/23/1985, § 7]
Any person aggrieved by the action of a Township official in the denial of a license or in the revocation of a license for cause under § 106 shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board, within 10 days after the date of the notice of denial or revocation, a written statement setting forth fully the grounds for appeal. Aggrieved persons timely filing appeals shall be granted a hearing by the Board in accordance with the local agency law.
[Ord. 1771, 5/23/1985, § 8; as amended by Ord. 1782, 2/16/1987]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300; and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 1 continues shall constitute a separate offense.
[Ord. 1771, 5/23/1985, § 11]
The following words, terms and phrases shall be construed in this Part to have the following meanings except in those instances where the context clearly indicates otherwise:
- A person licensed by the Township of Harrison to collect and dispose of garbage, rubbish and trash generated within the Township.
- All animal, vegetable and/or food packaging waste attending, resulting or connected with or from the handling, dealing in, storing, preparation, cooking and consumption of foods; all refuse of animal or vegetable matter which has been used for food of man or which was intended to be so used and excess fruit from trees on residential property but not from trees in orchards or on farms.
- The owner of record by deed recorded in the Office of the Recorder of Deeds of Allegheny County.
- Every natural person, firm, copartnership, association or corporation.
- RESIDENTIAL DWELLING
- All single family dwellings, duplexes, double houses, apartments and multifamily structures.
- All paper, cardboard, rags, broken glass, crockery, bottles, tin cans, wastebasket debris, grass cuttings, and small household refuse placed in approved receptacles, generally including incinerator ashes and refuse from paper burners, exclusive of ashes from heating plants and coal stoves and refuse caused by repairs, alterations and new constructions of buildings and sidewalks.
- Any object other than garbage and rubbish which is abandoned or of no further use to its owner.
[Amended by Res. 1775, 6/25/2018]
[Ord. 1814, 8/1/1990, § 1]
The Board of Commissioners of the Township of Harrison ("Township") finds that:
Act 101 of 1988 requires the Township to implement a recycling program.
Recycling in the Township will be done most efficiently if the collection of recyclables is carried out in conjunction with the collection of solid waste.
A successful recycling program will require source separation by Township residents and the use of standardized collection practices and uniform containers for pick up of recyclables.
The success of the Township recycling program will be jeopardized if standard containers and collection practices are not used or if recyclables are removed from containers before authorized collection personnel can pick up the recyclables.
[Ord. 1814, 8/1/1990, § 2]
- COMMUNITY ACTIVITIES
- Any exhibition, show, festival, gathering, entertainment or other activity which requires an outdoor amusement permit from the Township under Chapter 13, Part 6, of the Township Code of Ordinances.
- CURBSIDE CONTAINER
- The container issued or approved by the Township for the purpose of collecting, storing and placing recyclables at the curbside for collection.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
- The owner of record as shown by deed recorded in the office of the Recorder of Deeds of Allegheny County.
- Any individual, entity, association or enterprise.
- Those materials that may be specified from time to time by the Township to be separated for recycling. Initially, recyclables shall include clear glass, colored glass and aluminum cans. Thereafter, the Township may specify different recyclables by way of resolution.
- SOLID WASTE
- All garbage, refuse, trash or rubbish, excluding recyclables, that is collected by a hauler under agreement with or permission of the Township.
- RESIDENTIAL DWELLING
- Includes all single family dwellings, duplexes, double houses, apartments and multifamily structures.
[Ord. 1814, 8/1/1990, § 3]
From and after September 26, 1990, all solid waste and recyclables from households residing in single family homes, duplexes or multifamily rental housing structures or condominium structures with less than four dwelling units shall be stored, collected and disposed of solely as hereinafter provided:
All residents of such buildings shall separate clear glass, colored glass and aluminum cans, or such other recyclables as may be designated by resolution of the Township Board of Commissioners, from the solid waste generated at their residence.
All residents of such buildings shall arrange and contract with the collector designated by the Township for the collection, removal and disposal of all solid waste and recyclables.
Collection of solid waste will be made between 5:00 a.m. and 7:00 p.m. in the areas and in the days designated in the collection schedule attached to this Part as Exhibit A, which schedule may be revised by resolution of the Township Board of Commissioners.
All residents of such buildings shall place one type of recyclable into a curbside container, i.e., all clear glass into one container, all colored glass into another container and all aluminum cans into the third container, or in such other manner as shall be established by the Township.
Collection of recyclables will be made at least every two weeks at each residence. Residents are responsible for placing their curbside containers at the curb or alley by 5:00 a.m. on the day of collection and removing the containers from the curb or alley, after collection, by 7:00 p.m. on the same day.
[Ord. 1814, 8/1/1990, § 4]
From and after September 26, 1990, all solid waste and recyclables from households residing in multifamily rental housing properties or condominium properties with four or more dwelling units shall be collected and disposed of as hereinafter provided:
All individuals residing in such dwellings shall separate clear glass, colored glass and aluminum cans, or such other recyclables as may be designated by resolution of the Township Board of Commissioners, from the solid waste generated at their residence.
The owners, landlords or agents of the owners or landlords of such buildings, shall contract with a collector or collectors or shall otherwise provide for the collection and removal all solid waste and recyclables generated by the residents.
The owners, landlords or agents of the owners or landlords of such building shall establish a collection system for recyclables at each building. The collection of recyclables must be done using suitable containers for collecting and sorting materials, easily accessible locations for the containers. Written instructions must be provided to the residents concerning the use and availability of the collection system.
All recyclables designated by the Township shall be collected at least once every two weeks.
The collector of the recyclables shall collect, transport, process and market the recyclables. The recyclables shall not be disposed of at a landfill.
For each household in such building, a written report shall be submitted to the Township during the month of September of each year which includes the following information:
The name and address of the occupants in the household.
The name of the collector who collects solid waste and recyclables from the household.
The schedule of collection of recyclables and description of the method of collection and of disposal of recyclables.
The monthly charge paid for solid waste and recyclable collection.
The report shall be filed and signed by the owner, landlord or agent of the owner or landlord of the building.
Should the owner, landlord or agent of the owner or landlord or such dwelling fail to arrange for collection of recyclables and solid waste are required herein, then such duty shall fall upon the residents of the dwelling, who shall so arrange for the collection and disposal of the solid waste and recyclables generated at their household.
§ 205 Collection Regulations; Commercial, Institutional and Governmental Establishments and Community Activities.
[Ord. 1814, 8/1/1990, § 5]
From and after September 26, 1990, commercial, institutional and governmental establishments and community activities shall provide for the separation and recycling of high grade office paper, aluminum and corrugated paper and other materials deemed appropriate by the Township.
Commencing with the year 1990, each commercial, institutional and governmental establishment shall submit a written report to the Township during the month of September of each year which includes the following information as the Board of Commissioners may direct:
The name and address of the establishment.
The method of collection of recyclables from the establishment and the name of the collector of the recyclables.
The schedule of collection of recyclables.
Commencing in September, 1991, a statement of the annual number of tons of each recyclable material that is collected and recycled.
The report shall be signed by an officer or other person in charge of the establishment.
Community activities will include on their application for an outdoor amusement license a description of the recycling program to be implemented at such activity and the name of the collector of designated recyclables.
[Ord. 1814, 8/1/1990, § 6]
No person shall disturb, scatter, pick through, collect or take any recyclables that have been placed in curbside containers for collection, whether on public or private property, without authorization from the Township.
Each action in violation of this Section shall institute a separate and distinct offense punishable as hereinafter provided.
[Ord. 1814, 8/1/1990, § 7]
Curbside containers issued by the Township remain Township property at all times and are to be used for, and only for, recycling storage and collection as directed by the Township.
Should a curbside container be damaged, lost or otherwise become unavailable for recycling use, then the members of the household shall, at their expense, immediately replace the container with a container issued or approved by the Township. Such duty of replacing a curbside container shall be imposed regardless of who may be responsible for the damage or loss of the container.
When any resident moves from their residence, the curbside containers shall be left at the residence for the incoming residents.
[Ord. 1814, 8/1/1990, § 8]
The Township will enter into an agreement with a private entity for the collection, transport, processing, marketing and recycling of the designated recyclables at least once per month from each resident or person generating municipal waste in the Township.
[Ord. 1814, 8/1/1990, § 9]
From and after September 26, 1990, no person shall include leaf waste in the solid waste to be collected by the Township's designated collector.
[Ord. 1814, 8/1/1990, § 10]
Any person who violates or fails to comply with any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine or penalty not to exceed $600 per violation, and, in default thereof, to undergo imprisonment for a term not to exceed 10 days.
Where a residential dwelling is occupied by residents other than the dwelling owner, the duty of compliance with this Part shall rest, to the extent permitted by law, upon both the occupants and owner.
Where there is a failure to separate recyclables or leaf waste from a container of solid waste that has been prepared or placed for collection, a separate violation shall exist for each such container of solid waste.
Where there is a failure to place recyclables generated by any household in containers for collection as required by this Part;
[Ord. 1814, 8/1/1990, § 11]
The Township Board of Commissioners is hereby authorized to add to or amend, by way of resolution, the regulations herein pertaining to the manner of separation and collection of recyclables and the use of curbside containers.
[Ord. 1814, 8/1/1990, § 12]
In addition to any other remedy provided in this Part, the Township may institute proceedings to restrain violation of, or to require compliance with, this Part or any regulation adopted pursuant to this Part.