[Ord. 596, 9/9/1991, § 1; as amended by Ord. 741,
12/30/2002, § 1]
It is the intent of the Borough to impose a fee for the collection
and disposal of garbage and rubbish in the Borough of Jefferson Hills.
[Ord. 596, 9/9/1991, § III]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning appears clearly from the context:
Storage, collection, handling and removal of garbage and
rubbish.
Any and all household waste materials capable of being containerized,
offal and not building materials used or resulting from the demolition,
alteration, construction or repair of buildings. The term shall include,
but is not limited to, every refuse accumulation of animal, fish,
fowl, food or vegetable or paper matter incident to the preparation,
use, cooking, dealing in or storage of meat, fish, fowl, food, fruit,
vegetable or any other substances subject to decay, including condemned
food, tin cans and bottles of the kitchen variety. It further includes
all broken glass, rags, waste basket debris, newspaper and magazines,
crockery, paper coverings, paper plates and paper containers and all
grass, shrubs and tree trimmings which can be containerized. It does
not include those terms under the definition of rubbish.
Any natural person, association, partnership, firm or corporation.
Any natural person, association, partnership, firm or corporation
with legal title to any property.
Any household goods, refuse, furniture, kitchen appliances,
toys, clothing and personal items too large to be containerized, all
grass, shrub or tree limbs and cuttings not capable of being containerized
except it does not include tree limbs over three feet in length. It
does not include construction material resulting from the demolition,
alteration, repair or construction of buildings, or pavement, stone,
sand, broken concrete or automobile parts. It includes incinerator
ashes and ashes and refuse from paper burners but does not include
ashes from heating plants and coal stoves. Exterior bundles of newspapers
or magazines, tree limbs not exceeding three inches in diameter shall
be limited to five bundles not exceeding 40 pounds each.
[Ord. 596, 9/9/1991, § IV; as amended by Ord. 618,
11/9/1992, §§ 1, 2; by Ord. 685, 5/11/1998; and by
Ord. 741, 12/30/2002, § 1]
1.
A garbage and rubbish collection fee shall be imposed upon owners
of property currently being serviced by the Borough garbage collector
within the Borough of Jefferson Hills at the rate to be established
from time to time by resolution of Borough Council. This fee shall
be assessed against owners of dwelling units, and against each unit
of an apartment building or buildings devoted to multifamily occupancy.
Such fee will be collectable from the owner of the property. Any overdue
fees may be liened against the property by the Borough.
2.
Eligible User Fees Discount
[Amended by Ord. No. 875, 5/13/2019]
A.
The garbage
collection user fees for individuals shall be reduced by 50% for certain
qualified low-income individuals commencing with the 2019 calendar
year and continuing thereafter until an act of Council.
B.
To qualify
for the fifty-percent garbage collection user fee reduction:
(1)
In a household with one individual, the individual's income must
fall below a certain annually indexed percentage of that previous
year's United States Department of Health and Human Services individual
Poverty Guideline; or
(2)
In a household with more than one individual, the household income
must fall below a certain annually indexed percentage of that previous
year's United States Department of Health and Human Services Poverty
Guideline for two persons in a family/household.
(3)
Specific procedures for income qualification, verifying qualification,
and administration of this fee reduction program shall be set by resolution.
[Ord. 596, 9/9/1991, § V; as amended by Ord. 741,
12/30/2002, § 1]
An owner shall submit payment to the collector of the Borough
of Jefferson Hills on January 15, April 15, July 15 and October 15,
beginning July 15, 1991, the amount due for the collection of garbage
for the subsequent three-month period. Payment schedules may be established
by resolution of the Borough Council.
[Ord. 596, 9/9/1991, § VI]
The following penalty provision shall apply to owners who do
not submit payment to the collector when due:
|
Payments
|
Increased Percentage Due
|
Cumulative Penalty
|
|---|---|---|
|
1 to 3 months past due
|
Additional 10% due
|
10%
|
|
4 to 6 months past due
|
Additional 5% due
|
15%
|
|
7 to 9 months past due
|
Additional 5% due
|
20%
|
|
10 to 12 months past due
|
Additional 5% due
|
25%
|
[Ord. 596, 9/9/1991, § VII]
The collector is hereby authorized to accept payment under protest
of any fee claimed by the Borough in any case where the owner or occupant
disputes the validity of the amount of the Borough's claim. If
it is thereafter judicially determined that the Borough has been overpaid,
the amount of the overpayment shall be refunded to the property owner
or occupant.
[Ord. 596, 9/9/1991, § VIII]
The collector shall collect, by suit or otherwise, all fees,
interest, costs, fines and penalties due under this Part and unpaid.
If for any reason, any fee is not paid when due, the property owner
shall be liable for all costs of collection.
[Ord. 596, 9/9/1991, § IX; as amended by Ord. 685,
5/11/1998; and by Ord. 844, 9/8/2014]
Any person, firm or corporation failing to comply with or violating
any provision of this Part 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.
[Ord. 554, 10/10/1988, § I]
This Part shall be known and referred to as the "Solid Waste
Ordinance."
[Ord. 554, 10/10/1988, § II; as amended by Ord.
685, 5/11/1998; and by Ord. 741, 12/30/2002, § 1]
The following words and phrases, as used in this Part, 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).
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 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.
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 the residential private household or apartment house.
Any solid waste derived from animals, 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: (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.
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.
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 Borough of Jefferson Hills, Allegheny County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, Federal government or
agency, 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 Part 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." 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."
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 clearings.
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.
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.
The off-site removal of any solid waste at any time after
generation.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
|
In this Part, the singular shall include the plural, and the
masculine shall include the feminine and the neuter.
|
[Ord. 554, 10/10/1988, § III; as amended by Ord.
685, 5/11/1998]
1.
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, construction and demolition waste or any other
municipal or residual solid waste except in accordance with the provisions
of this Part, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
2.
It shall be unlawful for any person to burn any solid waste within
the Borough except in accordance with the provisions of this Part,
any Department rules and regulations adopted pursuant to Act 97, and
the Health Department Rules and Regulations, Article VIII.
3.
It shall be unlawful for any person to dispose of any solid waste
in the Borough except in accordance with the provisions of this Part,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
4.
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 Part.
5.
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.
6.
It shall be unlawful for any person to salvage or reclaim any solid
wastes 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.
7.
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 Borough except as provided in this Part.
[Ord. 554, 10/10/1988, § IV]
1.
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.
2.
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.
3.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.
All municipal waste shall be drained of free liquids before being
placed in storage containers.
B.
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
C.
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
D.
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, not more than two feet in diameter
and not more than 40 pounds in weight.
E.
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
F.
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.
4.
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:
A.
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.
B.
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
C.
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.
D.
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.
E.
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
5.
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
B.
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.
C.
Containers shall be used and maintained so as to prevent public nuisances.
D.
Containers that do not conform to the standards of this Part 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.
E.
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
F.
With the exception of pick-up days when the containers are placed
out for collection, the containers shall be properly stored on the
owner or customer premises at all times.
G.
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.
6.
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 Part. 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.
[Ord. 554, 10/10/1988, § V; as amended by Ord.
583, 9/10/1990; by Ord. 665, 12/27/1995; and by Ord. 741, 12/30/2002,
§ 1]
1.
The Borough shall provide for the collection of all garbage, rubbish
and bulky wastes from individual residences and multifamily residential
sources with four or less units, or it may contract with a private
collector or collectors to provide this essential residential collection
service.
2.
All households and homeowners shall utilize the residential collection
service provided by the Borough unless they can demonstrate that they
have made alternative arrangements that are consistent with this Part
and approved by the Borough.
3.
All multifamily residential sources (with more than four units), 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. This provision includes mobile home parks as defined in the Zoning Ordinance of Jefferson Hills Borough [Chapter 27], which have more than four mobile home units.
4.
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.
5.
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.
6.
Residential collection schedules shall be published regularly by
the Borough or its contracted hauler.
7.
All solid waste collection activity shall be conducted from Monday
through Friday between the hours 6:00 a.m. and 6:00 p.m., prevailing
time, unless prior approval of any exception has been granted by the
Borough. No collection, hauling or transporting of solid waste shall
be permitted on Saturday or Sunday.
8.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
A.
All municipal waste collected within the Borough shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Management Plan - 1990 or on subsequent revision thereto.
B.
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.
C.
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.
D.
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
E.
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
F.
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
[Ord. 554, 10/10/1988, § VI; as amended by Ord.
741, 12/30/2002, § 1]
1.
The Borough Council of the Borough of Jefferson Hills shall be authorized
to make funds available in accordance with the laws and procedures
of the Borough, 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.
2.
The fees for solid waste collection shall be based on any competitively
bid residential collection service contract that may be awarded by
the Borough.
3.
The Borough shall be responsible for the collection of any fees for
solid waste collection and disposal from residential customers. Licensed
haulers shall be responsible for the collection of any collection
and disposal fees from commercial, institutional and industrial customers.
[Ord. 554, 10/10/1988, § VII; as amended by Ord.
741, 12/30/2002, § 1]
1.
All appeals shall be made in writing to the Borough Council of the
Borough of Jefferson Hills.
2.
Pending a reversal or modification, all decisions of the Borough
shall remain effective and enforceable.
3.
Appeals may be made by the following persons:
A.
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.
4.
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 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.
[Ord. 554, 10/10/1988, § VIII]
The Borough may petition the Court of Common Pleas of Allegheny
County, Pennsylvania, for an injunction, either mandatory or prohibitive,
to enforce any of the provisions of this Part.
[Ord. 554, 10/10/1988, § IX; as amended by Ord.
685, 5/11/1998; and by Ord. 844, 9/8/2014]
Any person, firm or corporation who violates any provision of
this Part 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; provided
that each day's violation shall constitute a separate offense
and notice to the offender shall not be necessary in order to constitute
an offense. In the event that such claims for fines and penalties
exceed the monetary jurisdiction of a Magisterial District Judge as
set forth in the Pennsylvania Judicial Code (relating to jurisdiction
and venue), exclusive of interest, costs or other fees, the Borough
may bring such action in the Court of Common Pleas or may, pursuant
to the Pennsylvania Judicial Code, waive that portion of fines or
penalties that exceeds the monetary jurisdictional limits so as to
bring the matter within the monetary jurisdiction of the Magisterial
District Judge.
