Borough of Burgettstown, PA Chapter 429 Solid Waste

[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown 4-3-1995 by Ord. No. 4-3-C (Ch. XX, Part 1, of the 1976 Code of Ordinances). Amendments noted where applicable.]

§ 429-1 Short title.

This chapter shall be known and referred to as the "Municipal Solid Waste Ordinance."

§ 429-2 Definitions; word usage.

A. The following words and phrases, as used in this chapter, shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).[2]

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 size, shape or weight.

COLLECTOR or WASTE HAULER

Any person, firm, partnership, corporation or public agency who is engaged in the collection and/or transportation of municipal waste.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

CONTAINER

A portable device in which waste is held temporarily for storage or transportation.

COUNTY

The County of Washington or the Washington County Board of County Commissioners.

DEPARTMENT or DEP

The Pennsylvania Department of Environmental Protection (DEP).

[Amended 11-2-2015 by Ord. No. 2015-3]

DISPOSAL

The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

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.

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.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any municipal waste collector or hauler possessing a current, valid license issued by the Pennsylvania Department of Environmental Protection.[3]

MUNICIPALITY

The Borough of Burgettstown, Washington County, Pennsylvania.

MUNICIPAL WASTE

Any 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 waste supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.

PERSON

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 chapter 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 any other legal entity having officers and directors.

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.

SALVAGING

The controlled removal or recycling of material from a solid waste processing or disposal facility.

SCAVENGING

The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.

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 shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 429-3 Sanitation company contracts.

[Added 11-2-2015 by Ord. No. 2015-3]

A. In order to minimize traffic on Borough streets, avoid confusion between residents and sanitation companies, and obtain the best rates for the residents of the Borough, the Borough of Burgettstown shall contract with a sanitation company to pick up all municipal waste.

B. Selection shall be made by competitive bidding, and the sanitation company must be licensed by the Pennsylvania Department of Environmental Protection.

C. The minimum contract shall be for three years and shall provide for weekly pickups. All households and business, commercial, industrial and institutional establishments will receive quarterly bills from the sanitation company under contract with the Borough. The first quarter will begin with the starting month of the contract.

§ 429-4 Collection of nonrecurring waste.

[Added 11-2-2015 by Ord. No. 2015-3]

Persons may arrange for any sanitation company which is licensed by the Pennsylvania Department of Environmental Protection to collect nonrecurring waste, such as construction waste, remodeling waste, demolition waste, etc.

§ 429-5 Prohibited activities.

[Amended 11-2-2015 by Ord. No. 2015-3]

A. It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the municipality any garbage, rubbish, bulky waste, or any other municipal or residual waste, except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.

B. It shall be unlawful for any person to burn any solid waste within the municipality.

C. It shall be unlawful for any person to process and/or dispose of any solid waste in the municipality.

D. It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the municipality without a current, valid license issued by the Pennsylvania Department of Environmental Protection.

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 municipality without prior written approval from the municipality.

F. To the extent that the Borough establishes a mandatory recycling program, all residents and businesses must separate recyclables, including glass, plastic containers #1, 2, 3, and 5, aluminum and bimetallic cans, paper, and cardboard, from their solid waste.

[Added 12-4-2023 by Ord. No. 2023-006]

§ 429-6 Standards for storage of solid waste.

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 or 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 minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, "Storage of Municipal Waste."

§ 429-7 Standards and regulations for collection.

A. All households, homeowners, and commercial, industrial and institutional establishments within the municipality shall utilize the services of the sanitation company under contract with the Borough for disposal of their domestic waste or household waste.

[Amended 11-2-2015 by Ord. No. 2015-3]

B. All licensed collectors and waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, "Collection and Transportation of Municipal Waste."

C. All municipal waste collected within the municipality shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site permitted by the Pennsylvania Department of Environmental Protection.

[Amended 11-2-2015 by Ord. No. 2015-3]

§ 429-8 Leaf collection and recycling.

[Added 12-4-2023 by Ord. No. 2023-006[1]]

A. All residents and businesses must separate leaf waste, including leaves from trees, bushes, and other plants, garden residue, chipped shrubbery and tree trimmings, but not including grass clippings, from their solid waste, and either compost leaf waste on their property, set leaves out during municipal leaf pickup days as determined appropriate by the Borough Council, self-haul the leaf waste to a state-approved composting facility which may be established by the Borough, or have a hauler collect the leaf waste, to be delivered to a state-approved composting facility.

B. All residents and businesses are prohibited from burning recyclables and leaf waste or including these items with their other solid waste (trash).

[1] Editor's Note: This ordinance also renumbered former §§ 429-8 through 429-10 as §§ 429-9 through 429-11.

§ 429-9 Licensing requirements.

[Amended 11-2-2015 by Ord. No. 2015-3]

No person shall collect, remove, haul, or transport any solid waste upon or through any streets or alleys of the municipality unless licensed by the Pennsylvania Department of Environmental Protection.

§ 429-10 Injunction powers.

The municipality may petition the Court of Common Pleas, Washington County, for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.

§ 429-11 Violations and penalties.

[Amended 11-2-2015 by Ord. No. 2015-3]

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.