[Adopted 12-12-1991 by Ord. No. 3-1991]
This article shall be known and referred to as the "Solid Waste
Ordinance."
A.
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSPORTATION
TRANSFER STATION
The following words and phrases as used in this article shall have
the meaning 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).[1]
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.
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.
Any establishment engaged in non-manufacturing or non-processing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
The Pennsylvania Department of Environmental Protection.
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 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.
Any person, firm, copartnership, association or corporation
who has contracted with the municipality or its designated representative
to collect, transport, and dispose of refuse for a fee as herein prescribed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
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 or 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.
The Borough of Whitaker, Allegheny County, Pennsylvania.
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 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 or other legal
entity having officers and directors.
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.
All solid waste materials which are discarded as useless.
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.[2] Residual waste shall not include treatment sludge 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.[3]
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 removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludge
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 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 off-site removal of any solid waste at any time after
generation.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
A.
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 article, any Department
rules and regulations adopted pursuant to Act 97 and the Allegheny
County Health Department Rules and Regulations, Article VIII.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
It shall be unlawful for any person to burn any solid waste within
the municipality except in accordance with the provisions of this
article, any Department rules and regulations adopted pursuant to
Act 97 and the Allegheny County Health Department Rules and Regulations,
Article VIII.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
It shall be unlawful for any person to dispose of any solid waste
in the municipality except in accordance with the provisions of this
article, any Department rules and regulations adopted pursuant to
Act 97 and the Allegheny County Health Department Rules and Regulations,
Article VIII.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
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.
E.
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 Department rules and
regulations adopted pursuant to Act 97.
F.
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 of Whitaker except as provided in this
article.
A.
The storage of all solid waste shall be practiced so as to prevent
the attraction, harborage or breeding or insects or rodents, and to
eliminate conditions harmful to public health or which create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number
of approved containers to store all waste materials generated during
periods between regularly scheduled collections, and shall place and
store all waste materials therein.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
(4)
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.
(5)
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)
When specified by the municipality or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
D.
All municipal waste shall be stored in containers approved by the
municipality or its designated representative. Individual containers
and bulk containers utilized for storage of municipal waste shall
comply with the following standards:
(1)
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.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
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.
(4)
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.
(5)
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
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.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standard of this article 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.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the municipality or its designated representative.
No containers shall be set out for collection prior to 6:00 p.m. on
the day preceding collection day, and no containers shall remain out
after 10:00 p.m. on the day of collection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
With the exception of pickup days when containers are placed on the
curb or in a public right-of-way for collection by the municipality's
collector, all containers shall be stored in such a manner so as not
be visible from the front of each property.
[Amended 6-13-2007 by Ord. No. 2-2007]
(7)
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.
F.
The storage of all municipal waste 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 article. 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 municipality.
A.
The municipality shall provide for the collection of all garbage,
rubbish, and bulky wastes from individual residences and multifamily
residential sources with three or less units, or it may contract with
a private collector or collectors to provide this essential residential
collection service.
[Amended 9-12-2007 by Ord. No. 3-2007]
B.
All households and homeowners shall utilize the residential collection
service provided by the municipality unless they can demonstrate that
they have made alternate arrangements that are consistent with this
article and approved by the municipality.
C.
The owner or owners of all multifamily residential sources within
the Borough having four or more units as well as all commercial, institutional,
and industrial establishments within the Borough shall privately arrange
and pay for the collection and disposal of all garbage, rubbish, and
bulky wastes generated or produced by contracting either with the
municipality's collector or any other properly licensed garbage or
waste hauler of the choosing of the owner or owners.
[Amended 9-12-2007 by Ord. No. 3-2007]
D.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the municipality's collector and payment of any required special
fees.
E.
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 municipality reserves the right to require more frequent
collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by
the municipality or its contracted hauler.
G.
All solid waste collection activity shall be conducted one day from
Monday through Saturday, unless prior approval or any exception has
been granted by the municipality. No collection, hauling, or transporting
of solid waste shall be permitted on Sunday.
H.
All licensed haulers and haulers under contract with the municipality
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 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.
(4)
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being 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.
A.
The governing body of the municipality shall be authorized to make
funds available, in accordance with the laws and procedures of the
municipality, 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.
B.
Fee schedules shall be published at least once for each calendar
year by the municipality on any competitively bid residential collection
service contract that may be awarded by the municipality.
C.
The municipality 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.
A.
All appeals shall be made in writing to the governing body of the
municipality.
B.
Pending a reversal or modification, all decisions of the municipality
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation issued
by the municipality may appeal within 10 days after the municipality
gives notice of its intention to issue the new standard or regulation.
D.
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 municipality 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.
The municipality 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 article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or 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 article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
