The purpose of this chapter is to provide for the health, safety
and welfare of the residents of the Township of Shaler by regulating
the collection, storage, transportation, removal, dumping, deposit,
disposal and recycling of solid waste by instituting a comprehensive
solid waste management program and establishing a mandatory recycling
program pursuant to the requirements of Act 101, 53 P.S. § 4000.101
et seq. Furthermore, the goals of this chapter are to:
A.
Require waste reduction and recycling as a means of managing solid
waste, conserving resources and supplying energy.
B.
Protect the public health, safety and welfare from the short- and
long-term dangers of collection, transportation, processing and storage
of solid waste.
C.
Utilize, wherever feasible, the capabilities of private enterprise
in accomplishing the desired objectives of an effective, comprehensive
solid waste management program.
D.
Establish and implement within the Township a recycling program to
return valuable materials to productive use, to conserve energy and
to protect capacity at waste processing and disposal facilities.
E.
Recycle solid waste and source-separated recyclable materials generated
in the Township.
F.
Maintain the quality and character of the Township neighborhoods.
G.
Teach the residents and those individuals working in the Township
the economic, environmental and energy value of recycling and waste
reduction; and encourage, through a variety of means, participation
in such activities.
The following words and phrases as used in this chapter 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), 35 P.S. § 6018.101 et seq.
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, 53 P.S. § 4000.101 et seq.
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 that 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.
Empty all-aluminum beverage or food cans.
Empty food or beverage cans consisting of steel and aluminum.
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.
The entity or entities authorized by the municipality to
collect recyclable materials from residences or authorized by commercial,
industrial, municipal and institutional establishments that do not
receive collection services from the municipality to collect recyclable
materials from those properties.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters. Multifamily dwellings
and townhouses of greater than four units, not individually owned,
mobile home parks, hotels, motels, mixed-use properties (combined
business/residential on a single parcel) and farms which use commercial
dumpsters shall be considered commercial establishments. The term
does not include properties where the primary permitted use is residential
and an accessory use is commercial (i.e., home occupations).
Designated recyclable materials:
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by the general public.
The process by which solid organic waste is biologically
decomposed under controlled aerobic or anaerobic conditions to yield
a humus-like product.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges, but expressly excluded are used pizza
boxes and other cardboard cartons contaminated with grease or cooking
oil.
Desktop and laptop computers, computer monitors, computer
peripherals and televisions, as same are defined by the Covered Device
Recycling Act, 35 P.S. 6031.101 et seq.
The Pennsylvania Department of Environmental Protection.
Those materials specified by the rules and regulations of
Shaler Township to be recycled after public notice.
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 portable container, receptacle, compactor unit, trailer,
roll-off box, collection bin, tub or similar unit with or without
wheels that is used or designed for temporary storage, containment
or transport of refuse, debris, trash, garbage, food waste, solid
waste, recyclable material, incidental demolition debris or other
discarded or like materials. See also "refuse container or trash container."
The Township Manager or his designee.
Empty steel or tin-coated food or beverage containers.
All the wall planes of a structure as seen from one side
or view. The exterior face of a building, including but not limited
to the wall, windows and doorways.
The facade of the building adjacent to the front property
line. That portion of the facade of a dwelling fronting on a street
or trafficway, or the portion of the facade most closely complying
with that definition, as in the case of a flag lot. Where a lot has
more than one frontage on a street or trafficway, all such frontages
shall be considered the front facade except where a facade meets the
definition of a rear facade. The front facade of a building would
include all of the wall area that would be shown on the front elevation
of the building plans.
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.
Refuse, except rubbish, or waste of any kind.
Empty bottles and jars made of clear, green or brown glass.
Expressly excluded are noncontainer glass, plate glass, automotive
glass, light bulbs, blue glass and porcelain and ceramic products.
Any person, firm, copartnership, association or corporation
who has been licensed by the Township of Shaler or its designated
representative to collect, transport and dispose of refuse for a fee
in the Township of Shaler.
Any material or substance which may have a direct or identifiable
effect on persons or property within the municipal boundaries of the
Township of Shaler or any such substances or materials in a quantity
or form which, in the determination of the Township Manager or his
authorized representative, pose an unreasonable or imminent risk to
the life, health or safety of persons or property or to the ecological
balance of the environment, and shall include, but not be limited
to, such substances as explosives, radioactive materials, petroleum
products or gases, poisons, etiologic (biologic) agents, flammables,
corrosives or materials listed in the hazardous substance list of
the Pennsylvania Department of Labor and Industry, the Solid Waste
Management Act, 35 P.S. § 6018.101, and the Worker and Community
Right-to-Know Act, 35 P.S. § 7303. This includes any product
or waste or combination of substances that, because of the quantity,
concentration, physical, chemical or infectious characteristics, if
not properly treated, stored, transported, used or disposed of, or
otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment, which includes the soil and all subsequent
materials located below. Such hazardous materials include, but are
not limited to, materials which may be included on one or more of
the following lists:
Occupational Safety and Health Act, 29 CFR Part 1910, Subpart
Z, Extremely Hazardous Substance Act.
American Conference of Governmental Industrial Hygienists, Threshold
Limit Values for Chemical Substances and Physical Agents in the Work
Environment (latest edition).
National Toxicology Program, Annual Report on Carcinogens (latest
edition).
International Agency for Research on Cancer Monographs (latest
edition).
Commonwealth of Pennsylvania, Department of Labor and Industry,
Hazardous Substance List (latest edition).
"Hazardous substances" defined pursuant to Section 311 of the
Federal Clean Water Act.
"Toxic materials" defined pursuant to Chapter 75 of the DEP
Rules and Regulations.
"Hazardous wastes" defined pursuant to Section 101 of the Federal
Resource Conservation and Recovery Act.
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 cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population or pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
All white paper, bond paper and computer paper used in commercial,
industrial, institutional and municipal establishments and in residences.
Any establishment engaging in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants and refineries, mines and slaughterhouses.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but specifically excluding grass
clippings.
Garbage, refuse, rubbish and trash, as defined herein, covered
waste and all other waste material or leaf waste which, if thrown,
discarded, left, emitted or deposited as herein prohibited, causes
or tends to create:
Litter shall not include sand, anti-skid material, salt or other
appropriate chemicals to treat any icy or slippery condition.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having more than four dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Township of Shaler, Allegheny County, Pennsylvania.
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,
industrial or institutional establishments and from community activities;
and any sludge not meeting the definition of residual or hazardous
waste under the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., from a municipal, commercial, industrial or institutional
water supply treatment plant, wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
Paper which has been used for the production of daily, weekend
and special edition publications commonly known as newspapers.
Premises or a use not accessible or available to the community
or the general public.
The quality or fact of being opaque; opaqueness; the property
of a substance whereby it partially or wholly obstructs the transmission
of visible light expressed as the percentage to which light is obstructed;
the degree of light-obscuring capability of emissions of visible air
contaminants expressed as a percentage. Complete obscuration is expressed
as 100% opacity and complete transparency is expressed as 0% opacity.
Not letting light pass through; not transparent.
A visual screening accomplished by way of vegetation, wall or fencing not exceeding the height standards set forth in Chapter 118, Fences, Walls and Hedges, of the Code.
A park, playground, recreation center or any other public
area or green space in the Township owned or used by the Township
and devoted to active or passive recreation.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties as
well as owners, lessees and occupants of residences and commercial,
industrial, municipal and institutional establishments. In any provisions
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, commercial, industrial
or institutional establishment or other legal entity having officers
and directors.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or a combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of the Township Code.
Empty plastic food and beverage containers including recyclable
plastic products.
Any premises open to the general public, whether publicly
or privately owned and whether utilized for commercial, industrial,
institutional, municipal or other public purposes. Property that is
generally open and accessible to the general public.
Of or pertaining to any building structure, premises, use
or activity owned or operated by a person or nonpublic entity and
not open to the public.
As used in this chapter, "private premises" shall mean all
property which is not a public place and not open to the public, including
but not limited to any house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structures.
A recycling container situated on private premises, not open
to the public and maintained for or used for private residential,
commercial, industrial or institutional purposes.
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.
Of or pertaining to the people or community as a whole as
well as any building, structure, use or activity owned or operated
by any duly authorized state, county or local governmental entity,
including locations open to a common use; for the use or benefit of
all.
As used in this subchapter, premises or property that is
generally open and accessible to the general public; any place open
to or frequented by the public, including but not limited to commercial,
industrial, institutional, municipal or other public locations.
A recycling container situated at a public place, open to
the public and maintained for or used by the people of a community.
Materials generated by residences and commercial, industrial,
municipal and institutional establishments, which are specified by
the municipality and can be separated from municipal waste and returned
to commerce to be reused as a resource in the development of useful
products. Recyclable materials may include, but are not necessarily
limited to, clear glass, colored glass, aluminum, steel and bimetallic
cans, high-grade office paper, newsprint, corrugated paper, leaf waste,
recyclable plastic products and any other items selected by the municipality
or specified in future revisions to Act 101. Designated recyclable
materials shall be selected by the municipality in its rules and regulations
and may be revised from time to time as deemed necessary after public
notice.
Recyclable plastic products are identified by a numerical
code, within a triangle with arrows, molded directly on the container.
The numerical code and the corresponding plastic composition are as
follows:
|
Numerical Code
|
Plastic Composition
|
Typical Application
| |
|---|---|---|---|
|
1
|
Polyethylene terephthalate (PETE)
|
Soda bottles
| |
|
2
|
High-density polyethylene (HDPE)
|
Water bottles and milk jugs
| |
|
3
|
Polyvinyl chloride
|
Plumbing
| |
|
4
|
Low-density polyethylene
|
Film, stretch wrap
| |
|
5
|
Polypropylene
|
Pediatric containers
| |
|
6
|
Polystyrene
|
Styrofoam, plastic plates
| |
|
7
|
Composite
|
Milk cartons
|
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste, or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
Any recyclable container that a person controls, whether
owned, leased or operated, including dumpsters, trash cans, including
recyclable materials generated by residences and commercial, industrial,
municipal and institutional establishments, which are specified by
the municipality and can be separated from municipal waste and returned
to commerce to be reused as a resource in the development of useful
products. See also "refuse container or trash container."
All solid waste materials which are discarded as useless.
Any waste container that a person controls, whether owned,
leased or operated, including dumpsters, trash cans, recyclable containers,
garbage pails and plastic trash bags. For purposes of this chapter,
the words trash, garbage, rubbish, recyclable materials or other refuse
shall be deemed to include the container or containers in which such
trash, garbage, rubbish, recyclable materials or other refuse may
be placed, and this chapter shall apply to such containers whether
they may be filled or empty.
Any occupied single-family or multifamily dwellings having
up to four dwelling units per structure, for which the municipality
provides municipal waste collection service.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting 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, 52 P.S. § 30.51 et seq. 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, 35 P.S.
§ 691.1 et seq.
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 unauthorized and uncontrolled sorting, gathering, collecting,
extracting, removal, reclamation or disturbance of garbage, rubbish
or refuse materials placed at the curb for collection or from a solid
waste processing or disposal facility.
A method of reducing the impact of noise and unsightly vision
intrusions with less offensive or more harmonious elements, such as
plants, berms, fences, walls or any appropriate combination thereof.
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.
Those materials separated at the point of origin for the
purpose of being recycled.
The ferrous metal food or beverage containers commonly known
as tin cans.
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 ongoing effort of Shaler Township to inform the general
public concerning the requirements of this article and the rules and
regulations promulgated pursuant hereto.
The person authorized to act as the building official, or
any assistant to such person, who enforces the Township Zoning Ordinance.[1]
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
Worthless or discarded materials or objects, as well as refuse
or rubbish, and including but not limited to empty bottles and cans,
cigarette butts as well as food wrappers and containers, whether made
of aluminum, glass, plastic, rubber, paper or other natural or synthetic
material, or any combination thereof.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
All garden residues, leaves, shrubbery, tree trimmings and
sod, but specifically excluding grass clippings.
A.
The Township of Shaler is hereby authorized and empowered to notify
the owner and/or occupant of any open or vacant private premises or
any occupied or unoccupied private or business premises within the
Township, or the agent of such owner or occupant, to correct all things
and any condition which in its opinion may have a tendency to imperil
the health, safety and welfare of the residents of the Township. Such
notice shall be by certified mail, addressed to said owner and/or
occupant at his last known address or served personally by the Township
Building Inspector or his designee upon such owner or occupant.
B.
Upon the failure, neglect or refusal of any owner or occupant so notified to correct the thing or condition which may have a tendency to imperil the health, safety and welfare of the residents of the Township within three days after receipt of the written notice provided for in Subsection A above, or three days after the date of such notice in the event that the same is returned unserved, said Township Building Inspector or his designee is hereby authorized and empowered to order the correction of such condition using Township funds or Township personnel to accomplish such correction, and may charge the costs thereof to the violator. Collection of such costs by the Township may be made by lien or otherwise as authorized by law.
