Borough of West Homestead, PA Solid Waste

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Chapter 20 Solid Waste

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Part 1 SOLID WASTE REGULATIONS

§ 20-101 Short Title.

[Ord. 527, 12/27/1991, § I]

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

§ 20-102 Definitions.

[Ord. 527, 12/27/1991, § II; as amended by Ord. 623, 2/14/2006]

The following words and phrases as used in this Part shall have the meaning 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, 1980).

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 excepted 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 non-manufacturing 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 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.

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 West Homestead, 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 Part 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 of 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 non-putrescible 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 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.

SOLID WASTE

Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

SOURCE, SEPARATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

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.

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

§ 20-103 Prohibited Activities.

[Ord. 527, 5/27/1991, § III]

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to burn any solid waste within the Borough except in accordance with the provisions of this Part, and Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this Part.

It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Borough without prior approval by the Borough.

It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.

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 Borough except as provided in this Part.

§ 20-104 Standards for Storage of Solid Waste.

[Ord. 527, 12/27/1991, § IV; as amended by Ord. 665, 10/11/2011, § 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 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 following preparation standards:

All municipal waste shall be drained of free liquids before being placed in storage containers.

All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.

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 tied securely into bundles of not more than 40 pounds in weight.

When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.

All municipal waste shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of municipal 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 leak-proof, weather-proof, insect-proof, and rodent-proof.

Reusable containers for individual residencies 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 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.

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.

All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.

Any person storing municipal waste for collection shall comply with the following storage standards.

Containers shall be kept tightly sealed or covered at all times. Solid waste shall not provide or extend above the top of the container.

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.

Containers shall be used and maintained so as to prevent public nuisance.

Containers that do not conform to the standard of this Part 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.

Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.

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.

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.

No containers shall be placed by the owner or customer at a collection point specified by the Municipality, or its designated representative, earlier that 4:00 p.m. prevailing time, on the day before the designated collection day; and all empty containers shall be removed from the designated collection point not later than 6:00 p.m. prevailing time, on the day of collection.

The storage of all municipal waste from multi-family residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this Part. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the Borough.

§ 20-105 Standards and Regulations for Collection.

[Ord. 527, 12/27/1991, § V]

The Borough shall provide for the collection of all garbage, rubbish, and bulky wastes from individual residences and multifamily residential units.

[Amended by Ord. No. 722, 6/14/2022]

(Reserved)[1]

[1]

Editor's Note: Former Subsection 2, regarding alternate arrangements, was repealed Ord. No. 722, 6/14/2022.

All businesses, including but not limited to commercial, institutional, and industrial establishments, shall negotiate and individually contract collection services with either the Borough, its hauler or any other properly licensed waste hauler of their choice. This does not apply to individual residences and multifamily residential units referenced in § 20-105, Subdivision 1.

[Amended by Ord. No. 722, 6/14/2022]

All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Borough's collector and payment of any required special fees.

All 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 Borough reserves the right to require more frequent collection when deemed necessary.

Residential collection schedules shall be published regularly by the Borough or its contracted hauler.

All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 4:00 p.m., unless prior approval or any exception has been granted by the Borough. No collection, hauling, or transporting of solid waste shall be permitted on Sunday.

All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:

All municipal waste collected within the Borough shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan - 1990 or on subsequent revisions thereto.

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.

All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.

Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.

All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 20-106 Collection and Disposal Charges.

[Ord. 527, 12/27/1991, § VI]

The Borough Council shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system; or for the contracting of such service to a private collector.

Annual fee schedules (if appropriate) shall be published by the Borough on any competitively bid residential collection service contract that may be awarded by the Borough.

(Option A) The Borough shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial institutional and industrial customers.

§ 20-107 Administrative Appeals.

[Ord. 527, 12/27/1991, § VII]

All appeals shall be made in writing to the Borough Council.

Pending a reversal or modification, all decisions of the Borough shall remain effective and enforceable.

Appeals may be made by the following persons:

Any person who is aggrieved by a new standard or regulation issued by the Borough may appeal within 10 days after the Borough gives notice of its intention to issue the new standard or regulation.

The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Borough shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.

§ 20-108 Injunction Powers.

[Ord. 527, 12/27/1991, § VIII]

The Borough may petition the Court of Common Pleas of Allegheny county for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.

§ 20-109 Penalties.

[Ord. 527, 12/27/1991, § IX; as amended by Ord. 590, 11/12/2002; and by Ord. 623, 2/14/2006]

Any person, firm or corporation who shall violate any provisions of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.

Part 2 RECYCLING

§ 20-201 Short Title.

[Ord. No. 714, 3/9/2021]

This Part shall be known and referred to as the "Recycling Ordinance."

§ 20-202 Definitions.

[Ord. No. 714, 3/9/2021]

The following words and phrases, as used in this Part, shall have the meaning 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 1988-101, July 28, 1988).[1]

ALUMINUM

Empty all-aluminum food and beverage containers, clean aluminum frames of furniture, scrap from industrial sources and other all-aluminum materials.

BIMETALLIC CONTAINERS

Empty food or beverage containers consisting of ferrous sides with aluminum top and bottom. A container is bimetallic if a magnet sticks to the side but not the ends.

BOROUGH

The Borough of West Homestead, Allegheny County, Pennsylvania.

COLLECTOR

Any person, firm, partnership, corporation, or public agency authorized by the Borough to collect recyclable materials from residences or authorized by commercial, municipal, and institutional establishments to collect recyclable materials from those properties.

COMMERCIAL ESTABLISHMENT

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

COMMUNITY ACTIVITIES

Events that are sponsored by public or private agencies or individuals, including, but not limited to, fairs, bazaars, socials, picnics, and organized sporting events attended by 200 or more individuals per day.

CORRUGATED PAPER

Containerboard cartons, kraft linerboards and shipping boxes with corrugated paper medium. This definition also includes kraft (brown) paper bags.

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

GARBAGE

GLASS CONTAINERS

Empty bottles and jars made of clay, green or brown glass. This definition does not include noncontainer glass, window glass, blue glass and porcelain, ceramic products, and light bulbs.

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.

HIGH-GRADE OFFICE PAPER

Printing, writing, and computer paper used in commercial, institutional, and municipal establishments as well as in residences. This definition includes white paper, white ledger, bond paper, colored ledger, computer printouts, computer tab cards and copy machine paper.

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.

LEAD ACID BATTERIES

Automotive, truck and industrial batteries that contain lead.

MULTIFAMILY HOUSING

Properties having four or more dwelling units per structure.

MUNICIPAL ESTABLISHMENT

Public facilities operated by the Borough of West Homestead and other governmental and quasi-governmental agencies.

MUNICIPAL WASTE

As defined by Act 101.

MUNICIPALITY

The Borough of West Homestead, Allegheny County, Pennsylvania.

NEWSPAPERS

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.

PERSON

PLASTICS

High-density polyethylene such as plastic containers for milk, container plastics, including reasonable containers, food containers, household product containers, PET soda bottles, beverage containers and other plastic products.

PROCESSING

Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste recycling or any technology used to convert part of all such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.

RECYCLABLE MATERIALS

Materials generated by residences, commercial, municipal, and institutional establishments which are specified by the Borough of West Homestead or by the county to be recycled. Recyclable materials may include clear glass, colored glass, aluminum, steel and bimetallic containers, high-grade office paper, newspapers, corrugated paper, yard waste, plastics and any other items selected by the Borough or county or specified in amendments to Act 101.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, yard 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 other than a fuel for operation of energy.

REFUSE

All solid waste materials which are discarded as useless.

RESIDENTIAL ESTABLISHMENT

Any occupied single-family, duplex, or multifamily dwelling of three units or less for which a municipal or private hauler collects municipal waste and recycling.

SCAVENGING

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

SOURCE-SEPARATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

STEEL CONTAINERS

All coated (tin, zinc, etc.) and other empty ferrous food and beverage containers, including allowed materials. This definition also includes ferrous and alloyed ferrous scrap materials derived from iron and stainless steel and white goods (large appliances).

STORAGE

TRANSPORTATION

The off-site removal of any recyclable materials at any time after generation.

YARD WASTE

Leaves, garden residues, shrubbery and tree trimmings, grass clippings and similar material.

[1]

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

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

§ 20-203 Prohibited Activities.

[Ord. No. 714, 3/9/2021]

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough any recyclable materials except in accordance with the provisions of this Part and any Department rules and regulations adopted pursuant to Act 101.

It shall be unlawful for any person to burn any recyclable material within the Borough except in accordance with the provisions of this Part and any Department rules and regulations adopted pursuant to Act 101.

It shall be unlawful for any person to dispose of recyclable materials in the Borough except in accordance with the provisions of this Part and any Department rules and regulations adopted pursuant to Act 101.

It shall be unlawful for any person to haul, transport, collect, or remove any recyclable materials from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this Part.

It shall be unlawful for any person to scavenge any materials from any recyclable materials that are stored or deposited for collection within the Borough without prior approval by the Borough.

It shall be unlawful for any person to salvage or reclaim any recyclable materials within the Borough except at an approved and permitted resource recovery facility under Act 101 and any Department rules and regulations adopted pursuant to Act 101.

It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any recyclable materials in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this Part.

§ 20-204 Establishment of Program.

[Ord. No. 714, 3/9/2021]

The Borough of West Homestead hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation and composting of yard waste from all residences, commercial, municipal, and institutional establishments located in the Borough of West Homestead. Recyclable materials shall be collected at such times and dates at least once per week as may be hereinafter established by regulation.

§ 20-205 Ownership of Recyclable Materials.

[Ord. No. 714, 3/9/2021]

All recyclable materials, when placed at the curbside, become the property of the Borough of West Homestead until removed by its authorized collector except as provided below:

Any person may donate or sell recyclable materials to individuals or organizations authorized by the Borough of West Homestead. The recyclable materials shall be either delivered to the individual organization site or may be placed at the curb for collection by said individual or organization. If placed at the curb, the individual or organization shall not collect recyclable materials on days designated as municipal collection days.

Any person who donates or sells recyclable materials shall not receive a discount in waste collection fees paid to their collectors.

§ 20-206 Franchise or License.

[Ord. No. 714, 3/9/2021]

The Borough of West Homestead may enter into an agreement with public or private agencies or firms to authorize said agencies or firms to collect all or part of recyclable materials placed at curbside or at another designated site.

§ 20-207 Standards for Storage of Recyclable Materials.

[Ord. No. 714, 3/9/2021]

The storage of all solid waste and recyclable materials 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 recyclable materials shall provide a sufficient number of approved containers to store all recyclable materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.

Any person storing recyclable materials for collection shall comply with the following preparation standards:

All recyclable materials shall be drained free of liquids before being placed in storage containers.

All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.

All recyclable materials shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of recyclable materials 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 residencies 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 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.

All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.

Any person storing recyclable materials for collection shall comply with the following storage standards.

Containers shall be kept tightly sealed or covered at all times. Recyclable materials shall not provide or extend above the top of the container.

Containers shall be used and maintained so as to prevent public nuisance.

Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.

With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises at all times.

No containers shall be placed by the owner or customer at a collection point specified by the municipality, or its designated representative, earlier than 4:00 p.m., prevailing time, on the day before the designated collection day; and all empty containers shall be removed from the designated collection point not later than 6:00 p.m., prevailing time, on the day of collection.

The storage of all municipal recyclable materials from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this Part. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler and are subject to approval by the Borough.

§ 20-208 Standards and Regulations for Collection and Separation.

[Ord. No. 714, 3/9/2021]

The Borough shall provide for the collection of all recyclable materials from individual residences and multifamily residential sources with less than 12 units, or it may contract with a private collector or collectors to provide this essential residential collection service.

All households and homeowners shall utilize the residential collection service provided by the Borough unless they can demonstrate that they have made alternate arrangements that are consistent with this Part and approved by the Borough.

All multifamily residential sources (with more than 12 units), commercial, institutional, and industrial establishments shall negotiate and individually contract collection services with either the Borough, its hauler, or any other properly licensed waste hauler of their choice.

The collection system shall include suitable containers, provided by the owner, landlord or agent, for sorting and collection of recyclable materials. The container shall be placed in easily accessible locations, and written instructions shall be provided to the tenants concerning the use and availability of the collection system.

Owners, landlords or agents of multifamily property who are in compliance with this Part shall not be liable for noncompliance by the occupants of their property.

Owners, landlords or agents who have recyclable materials collected by a collection firm other than the Borough or its designated collector(s) shall submit an annual report to the Borough reporting the tonnage of materials recycled during the previous year.

Persons in residential establishments shall separate recyclable materials from other waste. Recyclable materials shall be placed at the curbside or at the site designated by the Borough. Recyclable materials shall be prepared for collection according to municipal, county, and collector guidelines and shall be placed in containers provided by the Borough or cut and baled, tied, bundled, stacked, or packaged in compliance with the guidelines.

All containers provided to residential establishments for recyclable materials shall be the property of the Borough of West Homestead and shall be used only for the storage and collection of recyclable materials. Any resident who moves shall be responsible for leaving the container within the residence or shall pay the replacement cost of said container.

Use of the allocated recycling container for any purpose other than the recycling program shall be a violation of this Part.

All residential recyclable materials shall be collected weekly.

Residential collection schedules shall be published regularly by the Borough or its contracted hauler.

Commercial, institutional, municipal establishments and community activities shall separate high-grade office paper, aluminum, corrugated paper, yard waste and such other materials as may be designated by the Borough of West Homestead and shall store the recyclable materials until collection. These establishments may be exempted from this Part if the establishments have otherwise provided for the recycling of materials specified by this Part and provide documentation to the Borough of West Homestead annually indicating the designated recyclable materials are being recycled and indicating the tonnage of materials recycled during the previous year.

It shall be the responsibility of each establishment and community activity to submit an annual report to the Borough of West Homestead reporting the tonnage of materials recycled by the establishment or activity during the previous year.

All commercial, institutional, municipal establishments' recyclable materials shall be collected weekly.

All recyclable material collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 4:00 p.m., unless prior approval or any exception has been granted by the Borough. No collection, hauling, or transporting of solid waste shall be permitted on Sunday.

§ 20-209 Collection and Disposal Charges.

[Ord. No. 714, 3/9/2021]

The Borough Council shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system, or for the contracting of such service to a private collector.

Annual fee schedules (if appropriate) shall be published by the Borough on any competitively bid residential collection service contract that may be awarded by the Borough.

§ 20-210 Administration and Enforcement.

[Ord. No. 714, 3/9/2021]

The Borough of West Homestead officials are authorized by this Part to enact reasonable rules and regulations for the operation and enforcement of this Part, including, but not limited to:

Designating recyclable materials to be separated by residential establishments, and designating additional recyclable materials to be separated by commercial, institutional, and municipal establishments;

Establishing collection procedures for recyclable materials;

Establishing reporting procedures for volumes of materials recycled;

Establishing procedures for the distribution, monitoring, and collection of recycling containers;

Establishing procedures and rules for the collection of yard wastes;

Establishing procedures for the enforcement of the provisions of this Part.

§ 20-211 Administrative Appeals.

[Ord. No. 714, 3/9/2021]

All appeals shall be made in writing to the Borough Council.

Pending a reversal or modification, all decisions of the Borough shall remain effective and enforceable.

Appeals may be made by the following persons:

Any person who is aggrieved by a new standard or regulation issued by the Borough may appeal within 10 days after the Borough gives notice of its intention to issue the new standard or regulation.

§ 20-212 Injunction Powers.

[Ord. No. 714, 3/9/2021]

The Borough may petition the Court of Common Pleas of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.

§ 20-213 Violations.

[Ord. No. 714, 3/9/2021]

Any person, firm or corporation who shall violate the provisions of this Part and its rules and regulations shall receive an official written warning of noncompliance for the first offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided. No enforcement of §§ 20-204 and 20-208 of this Part shall be made until three months from the effective date of this Part. Upon conviction of violation of the provisions of this Part, such person shall pay a penalty of not more than $1,000 plus costs of prosecution for each and every offense. Each day that a violation of this Part continues shall constitute the refusal of recycling services to the individual in violation.

Collection by Unauthorized Persons; Violation. It shall be a violation of this Part to collect recyclable materials unless such collection firm, person or corporation is licensed by the county or is authorized by the Borough of West Homestead as provided for in § 20-206. Unauthorized collection of recyclable materials for one or more residential, commercial, institutional, or municipal establishments on one calendar day shall constitute a separate and distinct offense punishable as provided in this section.

Failure to Separate Recyclables; Violation. It shall be a violation of this Part for any person to mix recyclable materials with other wastes for collection and disposal purposes.

§ 20-214 Penalties.

[Ord. No. 714, 3/9/2021]