[Ord. 883, 3/11/1992, § 1104]
This Part shall be known and referred to as the "Solid Waste Ordinance."
[Ord. 883, 3/11/1992, § 11402; as amended by Ord. 960, 12/12/2000, § 11401; and by Ord. 995, 12/10/2003]
1. 
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 97
The Pennsylvania Solid Waste Management Act, 35 P.S. 6018.101 et seq., as amended.
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq., as amended.
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 accepted as farms, forests or other agricultural lands.
BAGS
Plastic sacks designed to store refuse with sufficient wall strength to maintain a physical integrity when lifted by top. Total weight of a bag and its contents shall not exceed 35 pounds.
BOROUGH
The Borough of Aspinwall.
BOROUGH MANAGER
The Manager of the Borough of Aspinwall or his designee, or the designee of Borough Council.
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, but not including construction demolition waste, dead animals or hazardous waste or stable matter.
BUNDLES
Tree, shrub and brush trimmings or newspapers and magazines securely tied together forming an easily handled package not exceeding four feet in length and two feet in diameter or 35 pounds in weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION DEMOLITION WASTE
All waste, building materials and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements. This definition shall not include hazardous waste.
CONTAINERS
A receptacle with a capacity of greater than 20 gallons but less than 35 gallons constructed of plastic, metal or fiberglass, having handles of adequate strength for lifting and having a tight fitting lid capable of preventing entrance into the container by vectors. The mouth of a container shall have a diameter greater than or equal to that of the base. The weight of a container and its contents shall not exceed 60 pounds.
DEAD ANIMALS
Animals or portions thereof equal to or greater than 10 pounds in weight that have expired from any cause, except those slaughtered or killed for human use.
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.
DISPOSAL SITE
A refuse depository, including but not limited to, municipal solid waste landfills, transfer stations, incinerators and waste processing/separation center with all permits required by the laws of the Federal Government and Commonwealth of Pennsylvania for the processing or final disposal of all refuse properly discarded under the Borough ordinances and state laws to receive for processing final disposal of refuse and dead animals.
DOMESTIC WASTE OR HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
DUMPSTER
Any large metal bin, trailer, or soft-sided container or bag used for the collection of waste and that is emptied or transported to a disposal facility by a specially equipped vehicle.
[Amended by Ord. No. 1078, 3/13/2019]
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. Garbage shall not include bulky waste, construction demolition waste, dead animals, rubbish, hazardous waste or stable matter.
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 Act 97, 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 SOLID WASTE
Garbage, rubbish, bulky waste, refuse, residential 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.
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 solid waste except garbage and other Decomposable Matter. This category includes, but is not limited to: waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping, crockery and glass, ashes, cinders, floor sweepings, mineral or metallic substances, and any and all other waste materials, not including bulky waste, construction demolition waste, dead animals, garbage, hazardous waste or stable matter.
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.
STABLE MATTER
All manure and other waste matter normally accumulated on or about a stable, or any animal, livestock or poultry enclosure, and resulting from the keeping of animals, poultry or livestock.
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.
2. 
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 883, 3/11/1992, § 11403; as amended by Ord. 995, 12/10/2003]
1. 
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 Allegheny County Health Department Rules and Regulations, Article VIII.
2. 
It shall be unlawful for any person to burn any solid waste within the Borough except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the Allegheny County Health Department Rules and Regulations, Article VIII.
3. 
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 Allegheny County Health Department Rules and Regulations, Article VIII.
4. 
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.
5. 
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.
6. 
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.
7. 
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.
8. 
It shall be unlawful for any person to obstruct, delay or interfere with the collectors of garbage and rubbish in the performance of their duties.
[Ord. 883, 3/11/1992, § 11404]
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.
2. 
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
3. 
All receptacles for garbage, rubbish and bulky wastes, must be placed adjacent to the alley, where there is one. In areas of the Borough where there are no alleys, garbage may be placed in the rear yard, but rubbish and bulky wastes must be placed at the front curbline.
4. 
Garbage, rubbish and bulky wastes shall be set out no earlier than 5:00 p.m. on the day preceding the day designated for collection and removal. The emptied container must be removed from the curbline no later than 12:00 a.m. (midnight) of the pickup day. No garbage or rubbish or containers may be placed or maintained in front of a dwelling, or areas of public visibility, except during the times listed in this section.
5. 
Any person storing municipal waste for collection shall comply with the following storage standards:
A. 
All garbage and rubbish which may be produced or accumulated on the premises must be deposited in such proper receptacle, no separation of garbage and rubbish being required.
B. 
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
C. 
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.
D. 
Containers shall be used and maintained so as to prevent public nuisances.
E. 
Containers that do not conform to the standard of this Part 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.
F. 
Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.
G. 
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.
H. 
Bulky 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.
6. 
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.
[Ord. 883, 3/11/1992, § 11405; as amended by Ord. 995, 12/10/2003]
1. 
Garbage, rubbish and bulky wastes within the Borough of Aspinwall shall, when properly prepared for collection as herein defined, be collected, removed from the premise of every dwelling unit and disposed of by the agent of the Borough under the direction and supervision of the Borough Manager.
2. 
The Borough Manager may prepare reasonable rules, consistent with the provisions of this Part and subject to the approval of Borough Council, for the effective administration and enforcement of the Borough's solid waste collection and disposal service. In the event such rules and regulations are approved by Council, then they shall be publicly posted and distributed to Borough residents, and they shall become part of this Part as if adopted herein.
3. 
The Borough shall provide for the collection of all garbage, rubbish, and bulky wastes from individual residences and multi-family residential sources with four or less units, or it may contract with a private collector or collectors to provide this essential residential collection service.
4. 
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.
5. 
All multi-family residential sources (with more than four units), commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler of their choice.
6. 
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.
7. 
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, files and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.
8. 
Residential collection schedules shall be published regularly by the Borough or its contracted hauler.
9. 
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on Saturdays as authorized by the Borough. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
10. 
All garbage, rubbish and household rubbish collected and removed by the Borough agent shall be and become the property of the Borough agent.
11. 
It shall be unlawful for any person other than the agents of Aspinwall Borough to engage in or conduct the business of collecting, removing or disposing of garbage, rubbish and household rubbish from dwellings within the limits of the Borough. This provision shall not apply to any commercial or industrial establishment which is responsible for providing for independent garbage, rubbish and waste removal by a duly licensed collector.
12. 
All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:
A. 
All garbage containers or other appropriate receptacles shall be delivered promptly to the collector, in accordance with the provisions of this Part, and when emptied, shall be returned by the collector to the original place of pickup with lids in place and without unnecessary delay.
B. 
All municipal waste collected by the collector shall be hauled and disposed at a disposal site.
C. 
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.
D. 
All collection vehicles conveying municipal solid waste shall be operated, maintained and kept in good repair, appearance, sanitary condition, watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances at all times.
E. 
Collection vehicles for rubbish and other non-putrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
F. 
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
G. 
All municipal solid waste shall be hauled in a contained, tied or enclosed manner so as to prevent any leaking, spilling or blowing.
[Ord. 883, 3/11/1992; as added by Ord. 960, 12/12/2000, § 11413]
1. 
Regulations.
A. 
No person shall use a dumpster for the collection and/or disposal of construction demolition waste without first obtaining a permit from the Borough Zoning Officer for the placement and use of said dumpster, as set forth below.
B. 
Subject to the requirements of this section and the approval of the Borough Zoning Officer, property owners may place a dumpster in the front street, alley and back yard after receiving a duly issued permit.
C. 
No dumpster shall be placed in the front yard of a dwelling or building, as that term is defined under the Zoning Ordinance [Chapter 27].
D. 
No dumpster shall be placed in such a manner as to obstruct emergency vehicles, traffic, driveways and garages.
E. 
Property owners shall be responsible for all damages caused by, or resulting from, a dumpster and shall indemnify the Borough for all damages to right-of-ways, curbs or any other Borough property.
2. 
Permit Requirements. Dumpsters subject to the above regulations shall conform with the following permit requirements:
A. 
Dumpster permits shall only be issued to a property owner.
B. 
No dumpster permit shall be issued to a property owner within 60 days of the expiration of a previously issued permit.
C. 
Schedule of Fees. Borough Council shall establish, from time to time, fees and charges for all permits and applications required by this subsection. This schedule, along with an explanation of the collection procedure, shall be available at the office of the Borough Manager. All fees and charges shall be adopted by resolution of the Borough Council at any regular or special meeting.
[Ord. 883, 3/11/1992, § 11406]
1. 
The Borough Council of the Borough 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.
2. 
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.
3. 
The monthly billing to borough residents shall be computed annually by the Borough Manager on current year's contract with the borough agent. The formula to compute the monthly cost will be as follows:
Bid Price + Cost of Billings
(Number of Subscribers (12 Months))
= Monthly Billing
The monthly billing figure will be rounded upward to the nearest whole quarter ($0.25). The Borough Manager will submit the computed billing price per month to Council for acceptance by resolution.
4. 
Failure to pay charges for refuse and garbage collection will result in an action at law against the property owner to be initiated after 90 days delinquency. In the event of delinquent payments, an additional charge of $5 will be added per delinquent billing period. Said action at law will be for the delinquency, late charges and costs.
[Ord. 883, 3/11/1992, § 11407; as amended by Ord. 995, 12/10/2003]
It shall be unlawful for any person, other than the Borough agent while in the process of collecting refuse, to interfere in any manner with any receptacle for the storing of garbage, rubbish or household rubbish or with the contents thereof, or to remove such receptacle or the contents thereof from the location where the same is placed by the owner thereof.
[Ord. 883, 3/11/1992, § 11408]
1. 
All appeals shall be made in writing to the Borough Council of the Borough.
2. 
Pending a reversal or modification, all decisions of the Borough shall remain effective and enforceable.
3. 
Appeals may be made by the following persons:
A. 
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.
4. 
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.
[Ord. 883, 3/11/1992, § 11409]
The Borough may petition the Common Pleas Court of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.
[Ord. 883, 3/11/1992, § 11410; as amended by Ord. 995, 12/10/2003]
1. 
Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1000 for each violation, plus costs, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
2. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this Part found to have been violated. All fines and penalties for the violation of this Part shall be paid to the Borough Treasurer.
3. 
The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part.