[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Municipal Solid Waste Ordinance."
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 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).
- BULK CONTAINERS
- Any container that holds or stores a minimum of one cubic yard of municipal waste, garbage, rubbish and/or solid waste for collection. This term shall include any dumpster being utilized for the purpose of storing municipal waste, garbage, rubbish and/or solid waste for collection.
- 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 or which 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.
- A portable device in which waste is held temporarily for storage or transportation.
- The County of Washington or the Washington County Board of County Commissioners.
- DEPARTMENT or DEP
- The Pennsylvania Department of Environmental Protection (DEP).
- 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.
- 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.
- 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.
- The Borough of New Eagle, Washington County, Pennsylvania.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or 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.
- 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 controlled removal or recycling of material from a solid waste processing or disposal facility.
- 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.
- 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.
- The off-site removal of any solid waste at any time after generation.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
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.
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101 and all local Borough ordinances and/or regulations.
It shall be unlawful for any person to process and/or dispose any solid waste in the municipality except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
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.
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 any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
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.
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.
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 regulations for the storage of municipal waste.
Any person storing municipal waste, garbage, rubbish and/or solid waste for collection shall comply with the following preparation standards:
All waste identified herein shall be drained of free liquids before being placed in storage containers.
All waste identified herein shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
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.
Newspapers and magazines shall be placed in approved containers or shall be secured into bundles of not more than 40 pounds in weight.
Individual containers and bulk containers utilized for the storage of municipal waste, garbage, rubbish and/or solid waste shall comply with the following standards:
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.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
Reusable containers for individual residences shall have a capacity of not less than seven gallons nor more than 30 gallons.
Disposable plastic bags are acceptable containers, provided that 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 40 gallons and a loaded weight of not more than 40 pounds.
All bulk containers shall be constructed of metal, shall have a lid that properly covers the top of the bulk container, and shall be kept in a clean and sanitary condition.
Any person storing municipal waste, garbage, rubbish and/or solid waste shall comply with the following storage standards:
Containers of any type holding municipal waste, garbage, rubbish and/or solid waste shall be kept tightly sealed and covered at all times. Municipal waste, garbage, rubbish and/or solid waste shall not protrude or extend above the top of the container.
Municipal waste, garbage, rubbish and/or solid waste shall not be permitted at any time to be stored, placed or accumulated outside of any container (including bulk containers and/or dumpsters of any kind).
Containers of any type holding municipal waste, garbage, rubbish and/or solid waste 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 bottoms or sides of the containers.
Containers of any type shall be used and maintained so as to prevent public nuisances.
Containers of any type that do not conform to standards of this chapter 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.
With the exception of pickup days when containers are placed out for collection, containers of any type shall be properly stored on the owner's or customer's premises at all times.
The storage of all municipal waste, garbage, rubbish and/or solid waste from multifamily residential units, commercial establishments, institutions or industrial facilities is subject to the regulations and standards set forth in this chapter. The type, size and placement requirements for the bulk containers (including dumpsters) shall be subject to approval by the Borough. The placement of these bulk containers (including dumpsters) shall not interfere with or be placed on the streets, alleys, sidewalks or other public accessways of this Borough.
It will be the duty of Borough Council or its designees, agents or employees to investigate all complaints made for failure by residents of the Borough of New Eagle to comply with the provisions requiring the use and maintenance of all containers of any kind and to prosecute the offenders under such provisions.
All households, homeowners, commercial, industrial and institutional establishments within the municipality shall utilize the services of a collector for disposal of their domestic waste or household waste.
All 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 regulations for the collection and transportation of municipal waste.
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 Department of Environmental Protection and/or other regulatory agencies pursuant to the approved Municipal Waste Management Plan for Washington County.
Containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector. They shall be placed at the curb or at the edge of the street on which the collection truck is being driven. They shall not be placed in driveways, alleys or nongenerally traveled public thoroughfares.
Containers may not be placed at the curb for collection until 5:00 p.m. of the day prior to the scheduled collection, and they must be removed by 9:00 p.m. of the day of pickup.
Municipal waste shall be collected weekly from residential private households, but institutional establishments, industrial establishments, hotels and restaurants may be required to have more frequent collections if determined by the Borough Council to be essential to protect the public health.
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.
Any person who shall violate any of the provisions of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, 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.