This article shall be known and referred to as the "Solid Waste
Ordinance."
The following words and phrases, as used in this article, shall
have the meanings ascribed herein unless the context clearly indicates
a different meaning:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1990).
AGRICULTURAL WASTE
Poultry and livestock manure or residual materials, in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided such waste
is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests
or other agricultural lands.
BULKY WASTE
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to their size, shape or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
CONSTRUCTION DEMOLITION WASTE
All municipal and residual waste building materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
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
be waters of the Commonwealth of Pennsylvania.
GARBAGE
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation
who has been licensed by the Borough or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
HAZARDOUS WASTE
Any solid waste or combination of solid wastes, as defined
in the Act, which because of its quantity, concentration or physical,
chemical or infectious characteristics may: 1) cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or 2) pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools and universities.
MUNICIPAL WASTE
Garbage, refuse, industrial lunchroom or office waste and
other material, including solid, liquid, semisolid or contained gaseous
material, resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities; and
any sludge not meeting the definition of residual or hazardous waste
under Act 97 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
The Borough of Wilmerding, Allegheny County, Pennsylvania.
PERSON
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency, or any other
legal entity which is recognized by law as the subject of rights and
duties. In any provision of this 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.
PROCESSING
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual waste or any technology used to convert
part or all of such waste materials for off-site reuse. Processing
facilities include, but are not limited to, transfer facilities, composting
facilities and resource-recovery facilities.
REFUSE
All solid waste materials which are discarded as useless.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act. 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.
RUBBISH
All nonputrescible municipal waste except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, crockery, glass, paper, wood and
yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any course 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.
SOLID WASTE
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
STORAGE
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
TRANSPORTATION
The off-site removal of any solid waste at any time after
generation.
[Amended 6-4-2002 by Ord. No. 981]
A. From the effective date of this section, the storage, temporary storage
and removal of construction and demolition waste and use of containers
to that end may be accomplished only in compliance with the terms
of this section. Construction and demolition waste may be stored no
longer than 30 days, and only in an enclosed container with a lid
or cover as provided herein.
B. Any person or entity desiring to dispose of construction and/or demolition
waste must first apply to the Building Inspector or Code Enforcement
Officer for a permit to put in place a container on public or private
property. It is declared to be the intent of this section that no
container of any nature or size may be placed on public or private
property except in compliance with this section. On private property,
containers of four cubic feet or less may be utilized for a thirty-day
period without any permit, so long as the same do not constitute or
amount to a public nuisance, and provided such container is situated
on the same building lot where the work is being done. All containers
must provide for covers or lids, must be illuminated by reflectors
or lights, and may not be filled above the level of the lid or cover.
C. The Building Inspector is hereby authorized to prepare forms for
such applications, requesting such data as the Building Inspector
deems necessary in his discretion, including, but not limited to,
limits of liability of any liability insurance police requested, a
hold-harmless provision protecting the Borough, a provision mandating
lighting or reflectors on such containers, the placement of containers,
warning signs and barricades and whether a cash or security bond to
cover damages should be included. A dated application signed by the
owner of the land and the applicant, if not the owner, must provide
at least the following information:
(1) Name and address of the applicant and the owner of the subject real
estate, the address where the work is to be done.
(2) The dimensions and capacity of the container to be used, a description
of the work to be done to the subject real estate and the length of
time anticipated to complete the project.
(3) The site where the applicant wishes to place the container, the duration
of time when it will be in place and what materials will be stored
in the container.
D. Based on the application and all the circumstances, the Building
Inspector may issue a permit in accordance with this section. The
Building Inspector may place such further restrictions on the permit
as he sees fit to assure compliance with the standards of this section.
Permits shall be valid for no longer than 30 days; a permit may be
renewed by filing an application with the Building Inspector. A fee
is hereby set in the amount of $30 for each permit and each renewal,
payable upon presentation of the application. Borough Council may
change this fee from time to time at its sole discretion by simple
resolution of Council.
E. The Building Inspector in his discretion may issue a permit, refuse
to issue a permit, refuse to renew a permit, move to rescind a permit
by taking into consideration the following circumstances, and any
other factors or conditions he deems to be relevant:
(1) If the container, due to its size or proposed location, has or likely
will unduly interfere with pedestrian or vehicular traffic or parking.
(2) If the applicant's activity or proposed activity produces or
likely will produce or contain hazardous or noxious conditions (smoke,
dust, odors).
(3) If the applicant has not reasonably prosecuted the project.
(4) The circumstances surrounding the applicant's need for a container
and the availability of alternate means of storing and disposing of
construction and demolition waste.
F. Any person aggrieved by the decision of the Building Inspector may
appeal to the Zoning Hearing Board by filing such appeal in the office
of the Borough Secretary and paying an appeal fee as prescribed for
appeals to the Zoning Hearing Board within 30 days of the decision
of the Building Inspector.
G. Any person or entity found to be in violation of this section shall
be subject to a civil fine in the amount of $600 for each day such
a container remains without a permit as set forth herein.
H. If any portion of this section is illegal or unconstitutional, then
it is deemed to be the intent of Wilmerding Borough Council that the
balance of this section would have been enacted irrespective of said
invalid portion.
The Borough may petition the Allegheny County Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
[Amended 9-5-1995 by Ord. No. 940]
Any person who violates any provision of this article shall,
upon conviction, be guilty of a misdemeanor, which is punishable by
a fine of not less than $25 nor more than $1,000 or, in default of
payment of such fine, then by imprisonment for a period of not more
than 30 days, or both. Each day of violation shall be considered a
separate and distinct offense.