[Adopted 8-26-2008 by Ord. No. 1228]
Pursuant to the authorization granted by Act 581 of the General Assembly, approved February 1, 1966, § 102[1] (the Borough Code), as amended, the purpose of this article is to promote, protect and facilitate the public health, safety, morals, and general welfare by:
A. 
Regulating the collection, accumulation and storage of solid wastes so as to:
(1) 
Retard the propagation and the harboring of rats, mice, mosquitoes, flies and other vermin.
(2) 
Eliminate filth and filthy deposits.
(3) 
Eliminate unattractive nuisances which may endanger the safety of children.
(4) 
Reduce the potential pollution of land, air or water and the disease-producing potential of decaying organic matter.
(5) 
Reduce the potential for spontaneous combustion and fire.
B. 
Providing the safe, orderly and economic collection and removal of accumulated waste.
C. 
Comply with the purpose and intent of Act No. 241, the Pennsylvania Solid Waste Management Act, and Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[2]
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq. and 53 P.S. § 4000.101 et seq., respectively.
[1]
Editor's Note: See 53 P.S. § 4000.102.
In this article, unless another meaning is plainly required, the following terms shall have the meanings indicated in this section:
BOROUGH COLLECTOR or BOROUGH COLLECTOR OF SOLID WASTE AND/OR RECYCLABLES
A person, company or contractor with whom or which the Borough has entered into a contract by which such person or firm collects and removes solid waste and/or recyclables as provided in this article and in such contract.
BULKY WASTE
Large household appliances, such as stoves, refrigerators, television sets, washing machines or the equivalent in size in furniture and furnishings, fixtures, tools, machinery or parts thereof and similar items.
CAN
A watertight, galvanized sheet metal or plastic receptacle not exceeding 32 gallons in capacity, four cubic feet or 12 pounds when empty and 40 pounds when full, fitted with at least one sturdy handle and a tight cover equipped with a handle. Such can shall be rodentproof and insectproof and shall be kept in a sanitary condition at all times. Alternate receptacles such as bags, boxes and bundles may be used in place of cans, provided that a customer's primary receptacle shall always be a can.
CUSTOMER
Every person, firm, partnership, association, institution and corporation utilizing solid waste collection or recyclables collection services in the Borough of Ambridge. The term shall also mean the occupant and/or the owner of the premises for which service mentioned in this article is rendered.
DUMPSTER
Those containers that exceed the limits by weight or size that may be handled by a person, and therefore must be dumped with the assistance of machinery. ("Size" = capacity.)
DWELLING UNIT
Any building or portion thereof which contains living facilities, including provision for sleeping, eating, cooking and sanitation, and including not more than one kitchen for not more than one family.
GARBAGE
Waste from the preparation, cooking and consumption of foods, market refuse, waste from handling, storage and sale of produce, contaminated or spoiled foods, other wet matter that is disposed of as household waste.
HAZARDOUS WASTES
Those waste products which the Borough collector is unable to collect, transport or dispose of because of potential danger therefrom to personnel, equipment or landfill site or which rules of the Health Department, the Commonwealth of Pennsylvania, Department of Environmental Protection, Division of Solid Waste, or the Environmental Protection Agency, prohibit it from collecting, transporting or disposing of through the designated disposal system.
MIXED-USE UNITS
A building that has more than one separate and distinct units, at least one of which is used for commercial enterprise. Other units may be used as residential units.
MULTIUNIT DWELLING
A multiple-unit residence with two or more dwelling units on a consolidated solid waste collection bill.
PUBLIC STREET
Any public way used by the public for travel, including alleys.
RECYCLABLE MATERIALS
Materials which have passed through their originally intended usage, have use or value as a commercial commodity, and are intentionally separated from solid waste by their original consumer for collection for the purpose of reuse, reprocessing or remanufacture in accordance with the methods prescribed in this article and Act 101. Recyclable materials include but are not limited to paper, cardboard, metal, aluminum, glass, plastic, yard debris, or other materials as may be designated now or hereafter by Borough administrative rule and/or the Beaver County Comprehensive Solid Waste Management Plan.
RECYCLING
Transforming or remanufacturing materials into usable or marketable materials for use other than landfill disposal or incineration, except in the case of source-separated wood waste which has limited material use for use as fuel. Recycling includes composting of source-separated organics but not composting of mixed waste.
REFUSE
The combination of rubbish and garbage as defined in this section.
RESIDENCE or RESIDENTIAL
Any house, dwelling, multiunit residence, apartment house, or any building put to residential use.
RESIDUAL WASTE
A by-product of the transformation or remanufacture of a recyclable material into a usable or marketable material.
RUBBISH
Paper (except newspaper), wood, excelsior, plastics, rags and cloth, leather, rubber, metals, tin cans, metal foils, ceramics, crockery and similar items normally produced by originating from private residential occupancy or material similar in nature, weight and material to waste produced from a private residential occupancy. Rubbish specifically excludes materials designated as recyclable.
SINGLE-FAMILY RESIDENCE
All one-unit houses, as well as duplexes, triplexes, fourplexes or mobile homes with individual collection and billing located on a public street, private drive or private road.
SOLID WASTE
Includes all forms of putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, household, animal waste, dead animals, nonrigid containers (bags), residential ashes, industrial wastes, swill, demolition waste, special waste and construction wastes, other materials and substances that are currently or may in the future be included in the definition of "solid waste" in 35 P.S. § 6018.103 and which are accumulated in any public or private residence or commercial, business or industrial establishment. "Solid waste" shall not include industrial by-products, nor sewage, and shall not include hazardous wastes or recyclable material which is source-separated and set out for recycling purposes, as such terms are defined in this article.[1]
SOURCE-SEPARATE
The separation of recyclable materials from solid waste for the purpose of recycling at the place where the recyclable material and solid waste originates.
SPECIAL PICKUP
Collection of regular service, upon request of the customer, on a day or at a time other than the regularly scheduled day and time. Any amount collected upon such request which is in excess of the regularly scheduled service shall be charged for at the extra can or extra yard rate, as applicable.
SPECIAL WASTE
Solid waste which cannot be collected by the Borough collector through its normal collection and/or requires special preparation by the customer prior to collection and special handling by either the collector or other disposal system due to its large size or volume, dustiness or other unique feature. Special waste includes but is not limited to:
A. 
Dead animals;
B. 
Tires;
C. 
Batteries;
D. 
Used motor oil;
E. 
Noninfectious medical waste;
F. 
Discarded or abandoned vehicles or parts thereof;
G. 
Discarded home and industrial appliances;
H. 
Discarded furniture and mattresses;
I. 
Asbestos packaged and handled in accordance with applicable laws and permits;
J. 
Wastes listed in the definition of solid waste that by virtue of its size, weight or shape may require special handling;
K. 
Municipal refuse ash and sewage sludge incinerator ash disposed in accordance with applicable laws and permits;
L. 
Residue or debris from the cleanup of a spill or release of chemical substances, commercial products or wastes that require special approval by the Pennsylvania Department of Environmental Protection, but which are not themselves hazardous wastes;
M. 
Sewage sludge dewatered in accordance with applicable state and federal regulations;
N. 
Restaurant waste grease;
O. 
Residue and debris from wastewater treatment plant operations;
P. 
Livestock manure; or
Q. 
Other wastes that because of changes in any applicable Pennsylvania law may no longer be treated as solid waste but may be handled under special requirements set forth in applicable statute, rule or permit. "Special waste" does not include hazardous waste or source-separated recyclables.
SPECIAL WASTE HANDLING AND REMOVAL CONTRACTORS
Commercial contractors who are certified and/or meet applicable laws and regulations to handle certain special waste, including medical waste, restaurant grease, asbestos, residue or debris from a cleanup of a spill or release of chemical substances, street sweeping debris, catch basin cleanout waste and other special wastes, as may be now or hereafter designated by Borough administrative rule or the Beaver County Comprehensive Solid Waste Management Plan, of which self-hauling these wastes is an incidental part of their business.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All occupied or unoccupied premises and construction/demolition sites are required to have solid waste collection service. All premises that have solid waste and/or recycling service must follow the provisions of the ordinances of the Borough of Ambridge.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Borough of Ambridge has implemented a system of universal compulsory garbage/solid waste collection for all structures, regardless of their use, which use as their solid waste receptacles cans, bags or other hand-handled receptacles. The Borough has provided for the collection of the solid waste through a contract with a private hauler. All persons, unless exempt through the provisions of this article, shall utilize and be required to pay for this collection service.
C. 
Owners of commercial, industrial, multiunit dwellings and mixed-use structures may utilize private contracted dumpster services which are not part of the Borough's collection contract.
It is the duty of every person in possession, charge or in control of any house or dwelling, or of any rooming house, multiunit residence, apartment house or trailer, to keep or cause to be kept an individual garbage can for each dwelling or unit therein, provided, in lieu of cans, multifamily units and mixed-use buildings may use dumpsters as hereinafter specified. No type of any garbage cannot be transported from said location to another location.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The person in control of such dwelling or rooming house, apartment house or trailer shall deposit or cause to be deposited in the proper container all solid waste accumulating on the premises. When refuse is placed in any of the cans, the lid shall be properly replaced. Each can shall be kept clean inside and out to reduce odors. Each can shall be left at the curb no earlier than 12:00 noon on the day before the scheduled pickup day and shall be removed from the curb no later than 12:00 noon the day after the scheduled pickup day. Those customers with alley collection may leave their containers with covers in the alley unless the collector or Borough requests the customer to store the container elsewhere due to space constraints, or health and safety concerns. No bags are permitted in the alleys until 12:00 noon the day before the day of scheduled collection.
B. 
The proper container for the disposal of garbage is a can. Each dwelling unit shall provide two proper containers for the disposal of garbage. The proper container for the disposal of rubbish may be a sealed bag, where the bag has sufficient strength to carry the materials that are deposited into it, but the bags may not be placed outside or in any Borough alley for collection before noon the day before collection, as designated by the Borough collection schedule. The Borough of Ambridge administrative rules and/or the collector of the waste shall govern the proper container for other solid waste, whichever has the more rigid requirements.
C. 
No person shall cast, place, sweep or deposit anywhere within the Borough any refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied premises within the Borough.
D. 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited.
A. 
It is the duty of every person in possession, charge or control of any shop, place of business or manufacturing establishment wherein solid waste is created or accumulated to keep or cause to be kept in a place accessible to the collector a sufficient number of garbage cans such as are required for residential users, and subject to the same conditions as expressed within this article, or at its discretion, said business or manufacturing establishment may choose to use dumpsters suitable for mechanical handling for such refuse.
B. 
All such containers shall be kept clean inside and out to reduce odors. Such dumpster shall have a lockable lid, reflective striping, the name and telephone number of the dumpster owner and hauler, and shall be placed at the unit in such a way that it does not interfere with traffic flow, including that of public safety and public works vehicles.
C. 
Dumpster lids shall be kept closed.
D. 
All garbage which is placed in a dumpster must be in bags. Rubbish may be placed without bags into the dumpster. It is the responsibility of the business owner to prevent rubbish from being strewn from the dumpster.
A. 
All industrial users that generate industrial or special wastes must dispose of them in accordance with Act 97 of 1980 and its subsequent amendments and outside of any Borough contract.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Industrial users that generate refuse which meets the definition in § 252-17 may dispose of it through the Borough contract if they use cans as their primary disposal container.
A. 
Construction/demolition debris must be placed in an appropriate receptacle or removed within 72 hours of placement outside of a structure. It is the responsibility of the property owner to ensure proper disposal of such material. This debris may not be disposed of through the Borough contract for solid waste removal.
B. 
Specialty yard debris (branches, trees, leaves) will be collected by the Borough in accordance with policies and procedures which are developed by the Borough and may from time to time be amended by the Borough.
C. 
A special waste collector, as certified by the Pennsylvania Department of Environmental Protection and as defined in § 252-17, must handle all special waste. The generator of such waste must maintain the records of the manifest for this collection for a period of not less than two years.
D. 
No hazardous waste may be disposed of through the Borough contract or anywhere within the Borough of Ambridge.
A. 
It is unlawful for any person, firm or corporation conducting any hotel, restaurant or any public eating place to deposit, throw or place swill or other refuse food matter in a lane, alley, street or other public place, or to deposit, throw or place any swill or other refuse food matter upon any private property, regardless of ownership.
B. 
It is unlawful for anyone other than the owner or renter of the garbage can, container or drop box or compactor to deposit any solid waste or other material therein except with the permission of such owner or renter.
C. 
The Borough Code Enforcement Official may make adjustments to this article based on the limitation of space, safety and traffic concerns.
A. 
Whenever solid waste is dumped in violation of this article and the material is found to contain three or more items bearing the name of one individual, there shall be a nonrebuttable presumption that the individual whose name appears on such items committed the unlawful dumping.
B. 
No solid waste or recyclables collecting shall be done in any residential zone before 7:00 a.m. or after 6:00 p.m. The collectors shall respond to any noise complaints from residents in areas adjacent to such districts and shall comply with reasonable Borough directives to resolve such noise complaints.
A. 
The person in charge of the premises likewise shall or shall arrange to place recyclable materials in the recycling bins or containers as specified by the Borough or collector. He shall place the recycling bins within five feet of the curb or edge of the public street abutting the property; shall set them out at the curb no earlier than 12:00 noon on the day before the scheduled pickup day and shall remove them from the curb no later than 12:00 noon the day after the scheduled pickup day. In the event that the dwelling has recycled goods that are in excess of the recycling containers, a clear bag must be used to present recycling goods for collections to ensure the safety of the waste hauler. The person or entity in control of any apartment house or other multifamily structure shall provide an area on the premises for the location of recycling containers for use by all residents of such facilities.
B. 
All recycling materials shall be prepared in accordance with the requirements provided by the Borough's contracted collector of recyclable materials.
A. 
There shall be a charge in an amount as established from time to time by resolution of Borough Council per calendar year per dwelling unit for the service of solid waste collection to be paid by the occupant of each dwelling unit.
B. 
For nondwelling units, the Borough shall establish a policy of determining per-unit equivalents, and the refuse charge will be calculated accordingly.
C. 
The fee for solid waste collection will be billed and is payable in advance on a quarterly basis, with said schedule to be implemented by the Borough Manager, unless the entire garbage collection fee is paid for the entire year in advance.
D. 
A discount of 10% shall be allowed if the total annual fee is paid in advance by January 31 of the said year.
Upon the failure to pay any charges for the disposal of refuse, a citation will be filed with the Magisterial District Judge for the amount owed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Borough refuse collection service shall be under the supervision of the Borough Manager. It shall be the duty of the Borough Manager or his/her authorized representative to carry out the functions and purposes of the refuse collection ordinance, as amended, to enforce the provisions of said ordinance, as amended, and to make such inspections and orders as may be established by rule and regulations promulgated by the Borough Manager of the Borough of Ambridge and by the Borough Council.
Any person who violates any provision of this article shall be, upon conviction thereof, sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.