[Ord. 827, 7/17/1991, § 1]
This Part shall be known and referred to as the "Forest Hills Solid Waste Ordinance," and the same shall be cited in that manner.
[Ord. 827, 7/17/1991, § 2; as amended by Ord. 976, 1/16/2008]
The following words and phrases as used in this Part 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.
Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production or 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 economic agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
Those containers for storage of municipal waste specified in § 20-105, Subsection 3A through E, of this Part.
The Forest Hills Borough, Allegheny County, Pennsylvania.
Large items of solid waste including, but not limited to, appliances, furniture, trees, branches or stumps which might require special handling because of their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing 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 or demolition operations on houses, commercial buildings and other structures and pavements and other surfaces of roads, streets and parking areas.
The governing body of Forest Hills Borough.
The Pennsylvania Department of Environmental Protection and its authorized representatives, hereinafter "DEP."
The incineration, deposition, injection, dumping, spilling, leaking, or placement of solid waste into or on the land or water in such a manner that the solid waste, or some 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 or rubbish, which normally originates in a residential private household or apartment house. The term does not include source separated recyclable materials as defined hereinafter and as specifically identified and provided for in the Forest Hill Recycling Ordinance [Chapter 20, Part 2].
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 been licensed by the Borough or its designated representative to collect, transport, and dispose of refuse for a fee.
Any solid waste or combination of solid waste, as defined in the Act 97, which because of its quantity, concentration or physical, chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality or increase in morbidity in either an individual or in the total population.
Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed.
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughter houses.
Any establishment engaged in service including, but not limited to, hospitals, nursing homes, orphanages.
Includes, but is not limited to, automotive, truck, and industrial batteries which contain lead.
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid 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, waste water treatment plant, or air pollution control facility. The term does not include source separated recyclable materials as defined hereinafter and as identified in the Forest Hills Recycling Ordinance [Chapter 20, Part 2].
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 or duties. In any provision of this Part prescribing a fine, imprisonment or other penalty, or any combination of the foregoing, the term "person" shall include the directors, officers and managers of any corporation or other legal entity having directors, officers or managers, schools and universities.
The means and technology used for the purpose of reducing the volume or bulk of municipal or residual waste, or the 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.
All solid waste materials which are discarded or abandoned as useless or unwanted.
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial, mining or agricultural operations, and any sludge from an industrial, mining or agricultural water supply treatment facility, waste water treatment facility or air pollution control facility, provided that such material is not hazardous. The term, "residual waste," shall not include coal refuse as defined in the Coal Refuse Disposal Control Act, 52 P.S. § 30.52 et seq. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is effected pursuant to, and in compliance with, a valid permit issued pursuant to the Pennsylvania Clean Stream Law, 35 P.S. § 691.1 et seq. The term does not include source separated recyclable materials as specifically identified in the Forest Hills Recycling Ordinance [Chapter 20, Part 2].
All nonputrescible municipal waste, except for garbage and other decomposable matter. The term "rubbish" includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings. The term does not include source separated recyclable materials as specifically identified in the Forest Hills Recycling Ordinance [Chapter 20, Part 2].
The unauthorized removal of material placed for collection or from a solid waste processing or disposal facility. Scavenging also includes the unauthorized sorting, removal, reclamation or disturbance of refuse materials placed at a properly designated collection location.
The Forest Hills Borough Secretary.
Any coarse screenings, grit or 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 waste, including solid, liquid, semi-solid 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 manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste for a period exceeding 180 days constitutes disposal, subject to the provisions of the definition of "disposal" as set forth herein above. Said presumption may be overcome by clear and convincing evidence to the contrary.
Off-site removal of any solid waste at any time after its generation.
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
[Ord. 827, 7/17/1991, § 3]
In this Part, use of the singular form of any word or phrase shall be construed to include the plural form of said word or phrase. Use of the masculine form of any word or phrase shall be construed to include the feminine form and the neuter form of said word or phase.
[Ord. 827, 7/17/1991, § 4; as amended by Ord. 976, 1/16/2008]
1.
Except to the extent the activities described below are conducted pursuant to the provisions of this Part, or of any DEP rules or regulations adopted pursuant to Act 97, or of any of the rules or regulations under Article VIII of the Health Department of Allegheny County, Pennsylvania, it shall be unlawful for any person:
A.
To accumulate, or permit the accumulation, upon any public or private property within Forest Hills Borough, any garbage, rubbish, refuse, bulky waste or any other municipal residual waste. This prohibition shall not be applied to residents who elect to compost grain, fruit or vegetable matter which originates from their respective residences provided the composting is done in a manner so as not to create an odor or nuisance to adjacent properties.
B.
To burn any solid waste within Forest Hills Borough.
C.
To dispose of any solid waste in Forest Hills Borough.
D.
To haul, transport, collect or remove any solid waste from public or private property within Forest Hills Borough without first securing a license to do so in accordance with the provisions of this Part.
E.
To scavenge any materials from any solid waste that is stored or deposited for collection within Forest Hills Borough without prior written approval from the owner thereof and the Secretary.
F.
To salvage or reclaim any solid waste within Forest Hills Borough.
G.
To throw, place or deposit, or to cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, public place or way, body of water, public or private property within Forest Hills Borough except as provided herein.
H.
To dispose of lead acid batteries, agricultural waste, hazardous waste, construction demolition waste, paving materials, cement, stones, sand, dirt, sod, concrete, concrete washtubs, ashes, e.g., from wood or coal burning stoves, sewer pipe, automobile parts (except tires without wheels), flammable liquids and/or 55 gallon metal drums (except owned by the Borough) in or with waste allowed for collection hereunder. If a person so disposes of such items and/or materials it shall be deemed a public nuisance as well as a violation hereunder.
I.
To dispose from a residence any material that was generated from a business or from employment activities.
[Ord. 827, 7/17/1991, § 5]
1.
All solid waste shall be stored so as to prevent attraction, harborage or breeding of insects, animals or vectors, and to assure elimination of conditions harmful to public health, or which create, or might reasonably be expected to create, safety hazards, odors, unsightliness or public nuisances.
2.
Any person producing municipal waste shall provide a sufficient number of approved storage containers or bulk containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all municipal waste materials in such containers, except as may otherwise be provided for herein.
3.
Individual approved storage containers or bulk containers must be used for storage of municipal waste; said containers shall comply with the following standards:
A.
Reusable containers shall be constructed of durable, water tight, rust resistant and corrosion-resistant material such as plastic, metal or fiberglass, in such manner as to be leakproof, weather-proof, odor proof, insect-proof, animal-proof, and vectorproof.
B.
Reusable containers for individual residents shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
C.
Reusable containers for individual residents shall have a capacity of not less than 10 gallons nor more than 30 gallons, and a loaded weight of not more than 40 pounds and shall be limited to three such containers per residence.
D.
Disposable plastic bags or sacks are acceptable containers for all municipal waste except garbage provided that such bags or sacks are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted, shall be securely closed and tied for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
E.
All containers, either reusable or disposable, also shall comply with the minimum standards established by the National Sanitation Foundation; said minimum standards are incorporated herein by this reference.
4.
Any person storing municipal waste for collection shall comply with the following preparation standards:
A.
All municipal waste shall be safely drained free of liquids before being placed in approved storage containers.
B.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material, or placed in properly tied plastic bags.
C.
Food containers shall be rinsed free of food particles and drained before being placed in approved storage containers.
D.
Garden clippings and tree trimmings shall be placed in approved storage containers or shall be cut and tied securely into bundles. Bundles shall be not more than three feet in length, not more than two feet in diameter and not more than 40 pounds in weight. No single piece shall be more than three inches in diameter.
F.
Carpet and/or carpet padding shall be placed in a closed approved storage container or must be cut in lengths not exceeding four feet and securely tied. No single piece of carpet or padding shall be more than 40 pounds in weight.
5.
Any person storing municipal waste for collection shall comply with the following storage standards:
A.
Containers shall be maintained tightly sealed and/or tightly covered at all times. Solid waste shall not protrude or extend above the top of the container or from any other container opening.
B.
Reusable containers shall be kept in sanitary condition at all times. The interior of reusable containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent accumulation of liquid residues or solids on the bottom, sides and lids of such containers.
C.
Containers shall be used and maintained so as to prevent public nuisances.
D.
Containers which do not conform to the standards of this Part, or which have sharp edges, ragged edges or any other defect that might hamper or injure collection personnel, shall be promptly replaced by the owner. If the owner falls to replace the container on his/her own volition, he/she must do so within five calendar days after notice from the Secretary or his/her designated representative.
E.
Containers shall be placed by the owner or customer at a collection point and at the times specified by the Secretary or his/her designated representative.
F.
With the exceptions of pick-up days, when the containers are placed for collection, the containers shall be stored and located at only one location on the property which location shall be the lesser of 125 feet from the front property line or 20 feet from the rear of the principal dwelling upon the property. A property owner may file an application with the Secretary requesting relief from such location based upon hardship or other good cause and may receive permission from the Secretary to store and locate containers elsewhere on the property so long as such location does not result in adverse consequences to adjacent properties.
G.
Any materials the collection and removal of which is not provided under this Part either because of the nature of the material or the manner or condition of its packaging, shall not be put out at the curb or edge of the cartway by any person for the purpose of collection and removal by the hauler or private collector.
H.
Bulk waste items including, but not limited to, furniture, appliances and tires shall be stored in a manner that will prevent accumulation or collection of water, the harboring of insects, animals or vectors, safety hazards and fire hazards. Doors must be removed from all appliances.
[Ord. 827, 7/17/1991, § 6; as amended by Ord. 830, 3/18/1992; and by Ord. 1028, 7/18/2012, § 1]
1.
The Borough shall provide for collection of all garbage, rubbish and bulky waste from individual residences and multi-family residential sources, and may contract for such collection with a hauler or private collector or collectors.
2.
All single family and multi-family residences shall use residential collection service provided by the Borough.
3.
Mufti-family units with more than four units may arrange for private collection provided it is demonstrated that the alternate arrangements for private collection are consistent with this Part and approved by the Secretary.
4.
All commercial, institutional, and industrial establishments shall negotiate and individually contract for collection service with the Borough's contract collector, or some other properly licensed waste hauler of their choice, subject to approval from the Borough, which written approval shall not be withheld unreasonably.
5.
All residential garbage, rubbish, domestic, household and bulky waste shall be collected at least once a week.
6.
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Collection from these sources shall be made as often as necessary to control health hazards, odors, insects, animals, unsightly conditions and nuisances. The Secretary reserves the right to require more frequent collection if deemed necessary.
7.
The proper officers of the Borough shall promulgate, in such manner as Council may by motion or resolution passed upon at public meetings duly advertised according to law, the collection schedule for the Borough. The current collection schedule is on file in the Borough Office.
8.
Garbage which is stored or placed in a disposable plastic bag or sack meeting the requirements specified in § 20-105, Subsection 3D, of this Part may be placed at curb side no earlier than 6:00 a.m., prevailing time, on the designated collection day. Municipal waste including, but not limited to, garbage, garbage which is stored or placed in a disposable plastic bag or sack and refuse, which is placed in reusable approved storage containers which meet the requirements specified in § 20-105, Subsection 3A through C, of this Part, and other properly wrapped or contained materials for collection may be placed at curb side no earlier than 6:00 p.m., prevailing time, on the day prior to the designated collection day, and must be removed from curb side to the usual storage place no later than 6:00 p.m., prevailing time, on the day of collection. All licensed haulers and haulers under contract with the Borough shall not be required to collect and remove such material if the container or other receptacle or packaging shall be so waterlogged, weak or otherwise insufficient as to break, rupture or split and spill its contents in the course of normal handling by the hauler. Said haulers shall not be required to collect and remove such material if it contains materials which are identified as source separated recyclable materials, lead acid batteries, agricultural waste, hazardous waste, construction demolition waste, paving materials, cement, stones, sand, dirt, sod, concrete, concrete washtubs, ashes, e.g., from wood or coal burning stoves, sewer pipe, automobile parts (except tires without wheels), flammable liquids and/or 55 gallon metal drums (except owned by the Borough). Placement for collection under this Part of materials identified as source separated recyclable materials shall be a violation of this Part.
9.
All waste collection activity shall be conducted on Monday through Saturday, inclusive, between the hours of 6:00 a.m., prevailing time, and 6:00 p.m., prevailing time, unless prior approval of an exception has been granted by the Secretary. No collection, hauling or transportation of solid waste shall be permitted on Sunday.
10.
All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:
A.
All municipal waste collected in Forest Hills Borough ultimately shall be disposed of only at a land fill cited and approved in the Allegheny County Solid Waste Plan of 1990, or in subsequent revisions of said plan.
B.
Any trucks or other vehicles used for collection or transportation of municipal waste must comply with the requirements of Act 97, and with Department regulations adopted pursuant to Act 91, and must be licensed by the Allegheny County Health Department.
C.
All collection vehicles conveying domestic waste and garbage shall be water tight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, and the creation of odors and other nuisances.
D.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
E.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
[Ord. 827, 7/17/1991, § 7; as amended by Ord. 1038, 2/20/2013, § 1]
1.
Collection of Solid Waste. Forest Hills Borough Council is hereby 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 contracting of such service to a hauler or private collector.
2.
Power of Officers to Contract. The proper officers of the Borough are hereby authorized to make and enter into a contract with such person or corporation and on such terms and conditions as shall be in the best interest of the Borough, and in a form approved by the Solicitor, for the collection of the annual service charges hereinafter provided for. Such contract shall be entered into in accordance with the provisions of law, and the proper officers of the Borough are hereby authorized and directed to sign, acknowledge and deliver any and all documents necessary to effectuate the provisions of this section.
3.
Imposition of Service Charge. Council may, by resolution adopted from time to time, impose a service charge on the owner of each separate unit within the Borough for the services provided by the Borough in arranging and paying for the collection, removal and disposition of solid waste from the unit. Said service charge shall not apply to individual, residential, commercial, institutional or industrial sources solely utilizing a private hauling arrangement for solid waste.
4.
Payment of Charge. The owner of each unit shall be liable for the payment of the service charge not later than the due date shown on the face of the invoice rendered by the Borough. Provided, the due date shall not be less than 14 days and not more than 30 days from the date of mailing of the bills by the Borough and such due date shall be established by the Borough Manager.
5.
Private Hauling Arrangements. The Borough's contract hauler and other licensed haulers shall be responsible for collection of any fees for private arrangement or private contract solid waste collection or disposal services provided to individual, residential, commercial, institutional or industrial sources within the Borough.
6.
Penalty of Late Payment. Any service charge not paid on or before the last day of the month during which such a charge becomes payable shall bear interest at the rate of 2% per month on the amount of such unpaid charge, for each month or fraction thereof during which such charge remains unpaid and said penalty for late payment shall be added and collected.
7.
Collection of Delinquent Charges. An account shall be deemed to be delinquent if a service charge levied under this Part remains unpaid as of its due date. The proper officers of the Borough are hereby empowered at their discretion to enforce the collection of any delinquent charge and penalty by civil action, by liens filed in the nature of a municipal lien or by any other action or proceeding which is lawful or may become lawful to enforce the collection of this charge.
8.
Administration. The administration of the service charge imposed by this Part is vested in the Borough Manager, who is authorized and empowered to make reasonable rules and regulations for its administration.
9.
Duty to Supply Facts. It shall be the duty of every owner and person to cooperate in the administration of this Part in order that the collection of the service charges imposed herein shall be economically and efficiently performed. It is the duty of any owner or person residing or occupying the property within the Borough to answer inquiries by the proper agents of the Borough pertaining to facts relating to administration of this Part.
10.
Willful Violation. Any person who willfully fails to pay any charge made under this section, or who willfully conceals or fails to disclose or misrepresents a fact pertinent to the administration and enforcement hereof, shall, by such conduct, violate the provisions of this chapter and be subject to enforcement proceedings under §§ 20-108 and 20-109 hereof.
[Ord. 827, 7/17/1991, § 8; as amended by Ord. 830, 3/18/1992]
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 $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
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.
[Ord. 827, 7/17/1991, § 9]
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.