[Adopted by Ord. No. 8-11-80B][1]
[1]
Editor's Note: This ordinance also repealed former Collection,
Removal and Disposal, adopted 6-12-1972 as Ord. No. 6-12-72C.
[Amended by Ord. No. 5-11-92A]
39.1.1.
All definitions in the Municipal Waste Planning, Recycling and Waste
Reduction Act (53 P.S. Section 4000.101 et. seq.) as amended, are
hereby adopted and made a hereof by reference. The following words,
terms and phrases shall be construed in this ordinance to have the
following meanings, except in those instances where the context clearly
indicates otherwise:
39.1.2.
ACT 101 — Municipal Waste Planning, Recycling and Waste Reduction
Act, as amended.
39.1.3.
MAJOR HOUSEHOLD ITEMS — Includes upholstered furniture, freezers,
refrigerators, washers, dryers, pianos, hot-water tanks, bed springs,
etc.
39.1.4.
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 in the Solid Waste Management Act from a municipal,
commercial or institutional water supply treatment plant, wastewater
treatment plan or air pollution control facility. The term does not
include source-separated recyclable materials.
39.1.5.
SPECIAL ITEMS — Includes old portable or out-of-ground swimming
pools or parts thereof, children's swing sets or gymnastic-type
apparatus, appliances weighing 100 pounds or greater and carpeting
and padding.
39.1.6.
RECYCLABLE MATERIALS — May include clear glass, colored glass,
aluminum, steel and bimetallic cans, high grade office paper, newsprint,
corrugated paper and/or plastics as designated by resolution of the
Municipal Council to be recycled from rubbish by those residences
receiving Municipal garbage collection, those residences not receiving
Municipal garbage collection and commercial and institutional establishments.
39.2.1.
The following materials will be collected at the curblines by the
municipality:
1.
General household rubbish and trash in plastic bags, sound metal
or plastic containers and sound and dry cardboard boxes.
2.
All rags, crockery, waste debris and small household refuse placed
in sound containers.
[Amended by Ord. No. 5-11-92A]
3.
Broken glass, only when placed in a substantial container identified
in clearly printed letters not less than two inches in height with
the following: CONTAINS BROKEN GLASS. Broken glass shall not be placed
in bags of any kind.
4.
Leaf waste only when provided for as part of a separate Municipal
leaf collection program.
[Amended by Ord. No. 8-14-89C effective 9/30/90]
5.
Old furniture, minor household items, mattresses that are dry and
furnace and filters.
[Amended by Ord. No. 5-11-92A]
6.
One major household item, as defined above, per weekly pickup.
7.
Magazines and newspapers, when tied in bundles weighing less than
50 pounds. Magazines and newspapers shall not be placed in plastic
bags.
8.
Grass clippings, which shall be bagged and shall weigh less than
50 pounds.
[Amended by 8-14-89C effective 9/1/90]
39.3.1.
The following materials shall not be collected by the Municipality:
1.
Building materials, such as lumber, bricks, concrete, ceiling tile,
plaster, plasterboard, shingles, roofing, tar paper, siding materials,
cinder or concrete block, wood or metal gutters and downspouts, as
a result of repair work, alterations, additions or new construction.
2.
Plumbing fixtures, tubs, commodes, stationary tubs, old furnaces
and exterior air conditioner units.
3.
Tires.
4.
Automobiles or parts of same.
5.
Petroleum products or residue.
6.
Ashes and cinders from heating plants.
7.
Soil of any type, including sod.
8.
Stones and rocks.
9.
Rubbish, trash and debris generated as a result of commercial activities.
10.
Sales samples and displays shall not be picked up.
11.
Flammable liquids, acids, strong alkalines or other dangerous, explosive
or corrosive or toxic chemicals.
12.
Animal fecal matter (only if not placed in plastic bags).
13.
Leaf waste effective September 1, 1990 unless provided for as part
of a separate Municipal leaf collection program.
[Added by Ord. No. 8-14-89C]
[Amended by Ord. No. 5-11-92A]
39.4.1.
The following regulations shall apply to special items, as defined
elsewhere, if they are to be picked up:
1.
Children's swings, slides and gymnastic apparatus shall be dismantled
and cut into pieces not more than 36 inches in length and shall be
free of globs of cement or concrete.
2.
Old portable and out-of-ground swimming pools shall be dismantled
and cut into pieces having no surface dimension over 48 inches in
length.
3.
Carpeting and padding shall be cut and in rolls not over four feet
in length nor 16 inches in diameter and free of tacking strips or
sharp attachments and fasteners.
4.
Carpeting and padding shall be protected from the weather in order
to be in a dry condition at the time of pickup.
[Amended by Ord. No. 11-10-86B; by Ord. No. 12-15-94A]
39.5.1.
Garbage, trash and rubbish, as defined and regulated by this ordinance, shall be picked up only from one family dwellings, two-family dwellings, and townhouse dwellings as defined in Chapter 69, Bethel Park Zoning Ordinance. No pickup shall be made from apartments, churches, schools or commercial or industrial establishments.
39.5.2.
No pick up shall be made to properties having their frontage on a
public street under construction until formally accepted by the Municipality
pursuant to the terms of the Subdivision Development Improvement Agreement.
39.5.3.
No pick up shall be made to properties having their frontage on a private street under construction pursuant to the requirements of Chapter 60, Bethel Park Subdivision and Land Development Ordinance unless the street meets the specifications for formal acceptance by the Municipality or when a hold harmless agreement releasing the Municipality from any and all claims for damages done to the street by garbage collection vehicles and agreeing to indemnify the Municipality from any and all claims by third parties for damages to the street is signed by the owners of said private street.
39.6.1.
From and after the effective date of this ordinance, the municipality
shall pick up the garbage, trash and rubbish, as defined and regulated
by this ordinance, on all days of the week except Sunday and the following
holidays: New Year's Day, Good Friday, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day. For weeks which
contain a holiday, the schedule shall normally be one day late and
shall include Saturday. During periods of extreme cold or icing conditions,
pickup may be delayed. The homeowner is advised to contact the municipal
offices for revised schedules during such periods.
[Amended by Ord. No. 12-14-81E][1]
39.7.1.
Garbage or rubbish stored outside must be placed at all times in
portable plastic or metal containers. The container(s), when used
for storage or places at curbside in accordance with the ordinance,
shall be kept in good condition, free of perforated rust or splits
and tears. The same must be watertight, equipped with tight fitting
lids and strong handles and shall not weigh more than 50 pounds when
loaded. No pickup will be made in the event that a resident's
dog is either at large on the premises or chained or tethered in such
a location as to present a hazard to the collectors. All kitchen and
table waste or vegetable and animal matter shall be wrapped in dry
paper or placed in plastic bags before being deposited in the receptacles.
All garbage receptacles shall be kept in a clean, sanitary condition.
All garbage receptacles and containers shall be placed at curbside,
ready for collection, in accordance with the terms of this ordinance,
not later than 7:00 a.m. of the scheduled pickup day.
[1]
Editor's Note: This ordinance also provided that it shall
be effective 2-1-1982.
[Added by Ord. No. 8-14-89C]
39.8.1.
Residences Receiving Municipal Garbage Collection. Effective November
1, 1989 all residences receiving Municipal garbage collection shall
separate recyclable materials from each other and from other refuse.
Recyclable materials shall be placed at the curb in containers provided
by the Municipality and shall be separated from the other refuse for
collection by a contractor designated by the Municipality. Nothing
in this ordinance shall be deemed to impair the ownership of separated
materials by the person who generated them unless and until such materials
are placed at the curbside for collection. Upon placement at the curbside
the recyclable materials become the property of the Municipality.
Collection of the recyclable materials by any person other than those
designated by the Municipality shall be a violation of this ordinance.
Any containers provided to residences for collection of recyclables
shall be the property of the Municipality and shall be used only for
the collection of recyclable materials. Any resident who moves within
or from the Municipality shall be responsible for leaving the allocated
recycling containers for the next property owner at the existing residence
or shall pay the replacement cost of said containers. Use of recycling
containers for any purpose other than the designated recycling program
or use of the recycling containers by any person other than the person
allocated such container(s) shall be a violation of this ordinance.
[Amended by Ord. No. 5-11-92A]
39.8.2.
Recycling by Multifamily Residences. Effective September 1, 1990
all residences not receiving Municipal garbage collection shall separate
and recycle at least three of the following: clear glass, colored
glass, aluminum, steel and bimetallic cans, high-grade office paper,
newsprint, corrugated paper or plastics. In addition, all residential
establishments not receiving Municipal garbage collection shall separate
leaf waste from other waste and provide for disposal of said leaf
waste in compliance with Municipal Waste Planning, Recycling and Waste
Reduction Act effective September 1, 1990. The owner, landlord, or
agent of an owner or landlord of multifamily rental housing properties
with four or more units may comply with its responsibilities for recycling
by establishing a collection system for recyclables at each property.
The collection system must include suitable containers for collecting
and sorting materials, easily accessible locations for the containers
and written instructions to the occupants concerning the use and availability
of the collection system. Owners, landlords and agents of owners and
landlords who comply with this ordinance shall not be liable for noncompliance
of occupants of their building. Owners, landlords or agents of an
owner or landlord shall submit a recycling plan to the municipality
for approval by the Director of Community Development within six months
from the date of approval of this ordinance. Such plan shall indicate
materials for collection, location, type and size of containers to
be used, sources for marketing recyclables, disposal methods for leaf
waste and a sample of the letter notifying occupants of the recycling
collection system. Owners, landlords or agents of an owner or landlord
shall submit an annual report to the municipality by January 31 of
each year reporting the tonnage of materials recycled during the previous
calendar year.
39.8.3.
Recycling by commercial and institutional establishments. Effective
September 1, 1990, all occupants of commercial, municipal and institutional
establishments and all community activities shall recycle high-grade
office paper, aluminum, corrugated paper, leaf waste and other materials
deemed appropriate by the Municipal Council. Said occupants shall
submit a recycling plan to the municipality for approval by the Director
of Community Development within six months from the date of approval
of this ordinance. Such plan shall indicate materials for collection,
location, type and size of containers to be used, method for disposal
of leaf waste and sources for marketing recyclables. Occupants of
said establishments shall submit an annual report to the municipality
by January 31 of each year reporting the tonnage of materials recycled
during the previous calendar year.
[Amended 10-8-1990 by Ord. No. 10-8-90A]
39.8.4.
Regulations. The Municipal Manager is hereby empowered to make reasonable
rules and regulations for the operation and enforcement of this ordinance
as he deems necessary, which shall include, but not be limited to:
1.
Establishing collection procedures for recyclable materials.
2.
Establishing reporting procedures for amounts of materials recycled.
3.
Establishing procedures for the distribution, monitoring and collection
of recyclable containers.
4.
Establishing procedures and rules for the collection of backyard
composting of leaf wastes and grass clippings.
[Amended 8-13-1990 by Ord. No. 8-13-90A]
[Amended 12-15-1994 by Ord. No. 12-15-94A]
39.9.1.
No municipal waste or recyclable materials shall be picked up, collected
or conveyed over the streets, alleys and thoroughfares of this municipality
by any person or persons other than the municipality or its duly authorized
agent, excepting those establishments not included covered under the
municipal garbage and recycling collection program.
[Amended 5-11-1992 by Ord. No. 5-11-92A]
39.10.1.
The following are prohibited and shall constitute a violation
of this ordinance:
1.
To place or allow deposits of curbside trash and rubbish for pickup
to remain between the hours of 3:00 p.m. Saturday to 6:00 p.m. Sunday.
2.
Bringing or depositing trash, rubbish or garbage to a location other
than the premises where it was generated or produced.
3.
To place or allow to remain trash, rubbish, refuse or garbage containers
at the curbline of any property before 6:00 p.m. or one hour prior
to dusk on the day preceding the day designated for the pickup of
trash, rubbish or other refuse from such property.
[Added 12-14-1981 by Ord. No. 12-14-81F; amended 1-12-1998 by Ord. No.
1-12-98A]
4.
To permit metal or plastic receptacles or other receptacles not in
violation of this ordinance to remain at the curbside and/or in the
front yard longer than 12:00 midnight of the day of collection unless
said receptacles are screened from view at grade level from the street
or from the abutting property boundary.
[Added 12-14-1981 by Ord. No. 12-14-81F; amended 3-9-1994 by Ord. No.
3-9-94B]
5.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the municipality, any garbage,
rubbish, bulky waste or any other municipal or residual solid waste
except in accordance with the provisions of this chapter, any applicable
rules and regulations adopted pursuant to Act 97 and the Health Department
Rules and Regulations, Article VIII.
6.
It shall be unlawful for any person to burn any solid waste within
the municipality except in accordance with the provisions of this
chapter, any applicable rules and regulations adopted pursuant to
Act 97 and the Health Department Rules and Regulations, Article VIII.
7.
It shall be unlawful for any person to dispose of any solid waste
in the municipality except in accordance with the provisions of this
chapter, any Department rules and regulations adopted pursuant to
Act 97 and the Health Department Rules and Regulations, Article VIII.
8.
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 approval by the municipality.
9.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the municipality except at an approved and permitted
resource recovery facility under Act 97 and any applicable rules and
regulations adopted pursuant to Act 97.
10.
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 municipality except as provided in this ordinance.
[Added 5-11-1992 by Ord. No. 5-11-92A]
39.11.1.
The following standards apply to all Municipal waste, whether
collected by the Municipality or by a private hauler:
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 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 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.
When specified by the Municipality special preparation and storage
procedures may be required to facilitate the collection and resource
recovery of certain waste materials.
4.
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, weather-proof, insect-proof,
and rodent-proof.
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 whether by Municipal or private
haulers 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 standard of this Ordinance
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 Municipality or its designated representative.
e.
Containers shall be placed by the owner or customer at a collection
point specified by the Municipality 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 of collection of water, the harborage of rodents,
safety hazards and fire hazards.
h.
All residential, 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 Municipality reserves the right to require
more frequent collection when deemed necessary.
[Added by Ord. No. 5-11-92A; amended 12-10-2018 by Ord. No. 12-10-18A]
39.12.1.
All rubbish haulers, whether municipal or private, shall comply
with the following standards and regulations:
1.
All municipal waste collected within the Municipality shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan - 1990 or on 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 municipal 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 solid waste shall be 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.
7.
Collections shall not commence prior to 6:00 a.m. or after 9:00 p.m.
[Amended by Ord. No. 8-14-89C]
39.13.1.
That any person violating any provision of this article shall
be guilty of a summary offense and shall be fined not more than $100.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues. In addition, theft of recyclable
materials at the curbside or theft of recycling containers may be
prosecuted under the Pennsylvania Crimes Code.
39.14.1.
If any section of this ordinance is declared invalid, the same
shall not affect the validity of the ordinance as a whole or any part
thereof other than the part so declared to be invalid.
39.15.1.
Any ordinance or part of an ordinance conflicting with the provisions
of this ordinance shall be and the same is hereby repealed to the
extent of such conflict.
[Adopted by Ord. No. 2-14-83B][1]
[1]
Editor's Note: Former Article, Rates and Changes, adopted
by Ord. No. 6-17-70B, was repealed by Ord. No. 5-1192A. Article Placement
and Removal: Certain Hours, adopted by Ord. No. 5-8-72A and was repealed
by Ord. 5-11-92A.
39.18.1.
No person shall store, allow to be stored or allow to accumulate refuse outside of a permanent enclosed structure (said structure subject to all the requirements of the Zoning Ordinance, Chapter 61 of the Bethel Park Code), except as expressly provided within this article or allow refuse to escape from a structure or bin.
39.19.1.
Refuse may be stored in steel or metal bins, designed for mechanical
emptying, provided the following conditions are met:
1.
The bin shall be emptied no less than once each week by a hauler
licensed to do so by the County of Allegheny.
2.
The bin is covered by a tarp or metal cover at all times except when
being filled or emptied.
3.
The bin is located on a dust-free surface and is not within any yard area or buffer defined in Zoning Ordinance Chapter 61 of the Code. When strict application of this provision would result in a practical difficulty for the property owner, the Municipal Manager may permit modifications to these requirements upon written request which describes the reasons for the modification and the relief sought.
39.19.2.
The provisions of this section may be temporarily waived by
the Building Official upon issuance of a valid building permit pursuant
to Ordinance No. 9-8-75C, of this Code, for a time period no longer
than the duration of said permit or such lesser period of time as
the Building Official deems necessary based upon the construction
work to be done; provided, however, the permittee shall specifically
request same and the location of the bin on the property is approved
by the Building Official, and provided, further, that all other requirements
of this Subsection are met.
1.
The bin is not located in such a position as to restrict sight lines
at intersections, curbs or traffic control points of a public or private
street.
2.
The bin is not located in a fire lane, adjacent to a fire hydrant,
or in any location which would interfere with access by firefighters
or fire equipment when fighting a fire on or adjacent to the property.
3.
The bin meets all the requirements of the County of Allegheny Department
of Health.
39.20.1.
No person shall fail to immediately clean up any refuse generated
from the use of property owned, occupied, leased, worked on, hauled
from by him where said refuse has been flown by the wind or transported
in any other manner onto a public right-of-way or property of another,
provided, however, no person shall be liable under this section if
refused access to that property by the owner or lawful occupant thereof.
39.21.1.
Any person owning, occupying or leasing property upon which
refuse is found not stored in conformance with the provisions of this
article or any contractor or subcontractor working upon such property
or hauler removing refuse from such property shall be jointly and
severally liable for such violations.
39.21.2.
Any person violating the provisions of this article shall upon
conviction before a District Justice be sentenced to pay a fine not
to exceed $300 for each offense. Each day that a violation of this
article exists shall constitute a separate offense.
