[Adopted 10-30-1990 by Ord. No. 971 (Ch. 20, Part 1, of the
1999 Code of Ordinances)]
This article shall be referred to as the "Solid Waste Management
Ordinance."
[Amended 3-16-1999 by Ord. No. 1094]
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
(1)
(2)
HOME OCCUPATION
INDUSTRIAL ESTABLISHMENT
MOBILE HOME
MOBILE HOME PARK
MULTIFAMILY RESIDENTIAL
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
WHITE GOODS
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 Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980.[1]
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,
horticulture, silvicultural and agricultural 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, but does not include home
occupations.
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.
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 a residential private household or apartment house containing
three or less units, a home occupation permit, municipal volunteer
fire companies, churches, and West Mifflin Emergency Medical Services.
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 Borough 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.
An occupation carried on in a dwelling solely by the dwellers
therein as a secondary use to the principal residential use.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.
A transportable, single-family dwelling designed to be joined
into one integral unit capable of again being separated for repeated
towing, having a frame to which wheels may be attached, and by which
it may be moved upon a highway, and constructed so that it may be
used with or without a permanent foundation and may be referred to
in other statutes or ordinances as a "manufactured home."
A parcel of land under single ownership which has been planned
and approved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home pads or lots.
A building containing four or more separate dwelling units.
The Borough of West Mifflin, 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 provision 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 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."[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]
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 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
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.
Refrigerators, freezers, ranges, washers, dryers, water heaters,
and other such large home appliances.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
[Amended 10-19-1993 by Ord. No. 1005; 3-16-1999 by Ord. No. 1094]
A.
It shall be unlawful for any person 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 article, any Department rules and regulations
adopted pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.[1]
[1]
Editor's Note: Refers to Art. VIII, Solid Waste and Recycling
Management, of the Allegheny County Health Department Rules and Regulations.
B.
It shall be unlawful for any person to burn any solid waste within
the Borough, except in accordance with the provisions of this article,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
C.
It shall be unlawful for any person to dispose of any solid waste
in the Borough, except in accordance with the provisions of this article,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
D.
It shall be unlawful for any person to haul, transport, collect,
or remove any solid waste from public or private property within the
Borough without first securing a license to do so in accordance with
the provisions of this article.
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 Borough without prior approval by the Borough.
F.
It shall be unlawful for any person to salvage or reclaim any solid
waste within the Borough, except at an approved and permitted resource
recovery facility under Act 97 and any Department rules and regulations
adopted pursuant to Act 97.
G.
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 Borough, except as provided in this article.
H.
It shall be unlawful for any commercial, industrial or institutional
establishment to share its solid waste container with any other individual,
party or entity, and each commercial, industrial or institutional
establishment will acquire bulk containers in sufficient volume and
size to service its establishment. Each bulk storage container must
be securely encapsulated within a fence or other comparable storage
bin structure, which shall have an opening or gate that is secured
by a lock in order to insure the unavailability of said storage bin
to be utilized by any other person other than the commercial, industrial
or institutional establishment upon which realty the storage bin is
located.
I.
It shall be unlawful for any commercial, industrial or institutional
establishment to store solid waste in any bulk container on its realty
in excess of the volume of said bulk container to the extent that
the bulk container cannot be closed.
J.
It shall be unlawful for the placement of solid waste and/or recyclables
to be collected to be placed at curbside for collection prior to 5:00
p.m., prevailing time, of the day before scheduled collection.
K.
It shall be unlawful for trash containers used for the disposal of
solid waste or containers used for the disposal of recyclables to
remain at curbside beyond the scheduled day of collection.
L.
It shall be unlawful to store solid waste and/or recyclables for
collection in the front yard area of a residential or commercial property.
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 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 shall be not
more than four feet in length and not more than two feet in length
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 Borough 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
Borough 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)
Reusable containers for individual residences that are to be utilized
for storage of recyclable materials shall be obtained from the Borough
for the fee required or be consistent with the standards set by the
Borough.
(5)
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.
(6)
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 for municipal waste 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 both for municipal waste and recyclable materials
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 standards 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 Borough or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
(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, such as furniture, automobile parts, machinery,
appliances and tires, shall be sorted in a manner that will prevent
the accumulation or collection of water, the harborage of rodents,
safety hazards and fire hazards.
(8)
White goods shall be safely stored by the owner until collected by
the Borough. All doors to refrigerators, ranges, and freezers shall
either be removed or safely secured by lock in order that no person
or animal can be entrapped inside. The Borough shall, from time to
time, schedule the date and time for collection of white goods, which
shall be at least once in the spring and once in the fall. White goods
shall not be placed at the curb for collection until the day before
the scheduled date of collection.
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 Borough.
A.
The Borough shall provide for the collection of all garbage, rubbish,
and bulky wastes from individual residences and multifamily residential
sources with three or less 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 Borough, unless they can demonstrate that
they have made alternate arrangements that are consistent with this
article and approved by the Borough.
C.
All multifamily residential sources (with four or more units) and
commercial, institutional, and industrial establishments shall negotiate
and individually contract collection service with the Borough'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 Borough'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 Borough reserves the right to require more frequent
collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by
the Borough 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 3:00 p.m., unless
prior approval or any exception has been granted by the Borough.
H.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Borough 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 Council of the Borough of West Mifflin shall be authorized to
make funds available, in accordance with the laws and procedures of
the Borough of West Mifflin, for the establishment, maintenance, and
operation of a municipal solid waste collection and disposal system
or, at the discretion of Council, for the contracting of such service
to a private collector.
B.
The Council of the Borough of West Mifflin may, either in lieu of
a tax levy or as a supplement to a tax levy, require the payment of
a fee through a uniform fee schedule for each residential unit, which
fee shall be in an amount sufficient to cover the annual estimated
aggregate cost or portion of the annual estimated aggregate cost of
the maintenance, operation, and disposal of the municipal solid waste
collection program.
C.
In the event such fee schedule is adopted, then Council shall, from
time to time, establish said fee schedule by motion or resolution
and shall publish said fee schedule in a newspaper of general circulation.
D.
In the event a fee schedule is established, then Council may, by
motion, designate the method of collection of said fee.
A.
All appeals shall be made in writing to the Borough Council of the
Borough.
B.
Pending a reversal or modification, all decisions of the Borough
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation issued
by the Borough may appeal within 10 days after the Borough 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 Borough shall schedule 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.
E.
An appellant may appeal any adverse decision of an administrative
hearing to the court of proper jurisdiction within 30 days from the
date of said decision.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
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. Each day that a violation of this article continues shall constitute
a separate violation.