[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.
