[Ord. 300, 11/11/1981, § 1]
This Part shall be known and referred to as the "Solid Waste
Ordinance."
[Ord. 300, 11/11/1981, § 11; as amended by A.O.]
The following words and phrases as used in this Part 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, 35 P.S. § 6018.101 et seq.
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 collects, transports, and disposes of refuse for a fee as herein
prescribed.
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: (A) cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or (B) 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 manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
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 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.
The Township of Harmar, 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 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.
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, 52 P.S. § 30.51 et seq. 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, 35 P.S.
§ 691.1 et seq.
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 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 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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
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In this Part, the singular shall include the plural and the
masculine shall include the feminine and the neuter.
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[Ord. 300, 11/11/1981, § 111]
1.Â
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Township, any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this Part, any Department
rules and regulations adopted pursuant to Act 97 and the Health Department
Rules and Regulations, Article VIII.
2.Â
It shall be unlawful for any person to burn any solid waste within
the Township except in accordance with the provisions of this Part,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
3.Â
It shall be unlawful for any person to dispose of any solid waste
in the Township except in accordance with the provisions of this Part,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
5.Â
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township without prior approval by the Township.
6.Â
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Township except at an approved and permitted resource
recovery facility under Act 97 and any Department rules and regulations
adopted pursuant to Act 97.
7.Â
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 Township except as provided in this Part.
[Ord. 300, 11/11/1981, § IV]
1.Â
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.
2.Â
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.Â
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.Â
All municipal waste shall be drained of free liquids before being
placed in storage containers.
B.Â
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
C.Â
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
D.Â
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.
E.Â
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
F.Â
When specified by way of resolution of the Board of Supervisors of
the Township, special preparation and storage procedures may be required
to facilitate the collection and resource recovery of certain waste
materials.
4.Â
All municipal waste shall be stored in containers approved by the
Township or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards:
A.Â
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, insect-proof,
and rodent-proof.
B.Â
Reusable containers for individual residencies shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
C.Â
Reusable containers for individual residencies 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.
D.Â
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.
E.Â
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
5.Â
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.Â
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
B.Â
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.
C.Â
Containers shall be used and maintained so as to prevent public nuisances.
D.Â
Containers that do not conform to the standard of this Part or which
have sharp edges, ragged edges or any other defect that may hamper
or injure collection personnel shall be promptly replaced by the owner
upon notice from the Township or its designated representative.
E.Â
Containers shall be placed by the owner or customer at a collection
point specified by the Township or its designated representative.
F.Â
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.
G.Â
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.
6.Â
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 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 Township.
[Ord. 300, 11/11/1981, § V]
1.Â
The Township shall provide for the collection of all garbage, rubbish,
and bulky wastes from individual residences and multifamily residential
sources with less than four units, or it may contract or permit the
owner and/or occupants of such units to contract with a private collector
or collectors to provide this essential residential collection service.
2.Â
All households and homeowners shall utilize the residential collection
service provided by the Township unless they can demonstrate that
they have made alternate arrangements that are consistent with this
Part and approved by the Township.
3.Â
All multifamily residential sources (with more than four units),
commercial, institutional, and industrial establishments shall negotiate
and individually contract collection service with the Township's collector
or any other properly licensed waste hauler of their choice.
4.Â
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the Township's collector and payment of any required special
fees.
5.Â
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 Township reserves the right to require more frequent
collection when deemed necessary.
6.Â
Residential collection schedules shall be published regularly by
the Township or its contracted hauler.
7.Â
All residential 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 between the hours of 7:00 a.m. and 6:00 p.m.,
unless prior approval or any exception has been granted by the Township.
No residential collection, hauling, or transporting of solid waste
shall be permitted on Sunday.
8.Â
All haulers and private collectors operating within the Township
shall comply with the following standards and regulations:
A.Â
All municipal waste collected within the Township shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan, 1990, or on subsequent revisions thereto.
B.Â
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.
C.Â
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.
D.Â
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
E.Â
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances and in accordance
with applicable collection schedules.
F.Â
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
G.Â
All haulers must supply such information regarding the hauler's ownership
and operation and its employees and vehicles as may be required by
the Township Secretary in order to assure the hauler's fitness and
ability to safely perform hauling in the Township.
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In the event that a hauler fails at any time to comply with
the standards and regulations in this Part, the Township Secretary
may, in writing, order such hauler to cease and desist from further
hauling within the Township until such noncompliance is remedied.
Such cease and desist order will be in addition to any other remedies
available to the Township.
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[Ord. 300, 11/11/1981, § VI]
1.Â
The Board of Supervisors of the Township shall be authorized to make
funds available, in accordance with the laws and procedures of the
Township, 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.Â
Annual fee schedules (if appropriate) shall be published by the Township
on any competitively bid residential collection service contract that
may be awarded by the Township.
3.Â
The Township's contracted hauler and other licensed haulers shall
be responsible for the collection of any fees for solid waste collection
and disposal services provided to residential, commercial, institutional,
or industrial sources within the Township.
[Ord. 300, 11/11/1981, § VII]
1.Â
All appeals shall be made in writing within 20 days of the date of
the action appealed from to the Board of Supervisors of the Township
and shall be disposed of in accordance with the Local Agency, 2 Pa.C.S.A.
§ 105 et seq.
2.Â
Pending a reversal or modification, all decisions of the Township
shall remain effective and enforceable.
[Ord. 300, 11/11/1981, § VIII]
In addition to any other remedies, the Township may petition
a court of proper jurisdiction for an injunction, either mandatory
or prohibitive, to enforce any of the provisions of this Part.
[Ord. 300, 11/11/1981, § IX; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 443, 8/18/2022]
Dumpsters and portable storage containers (sometimes commonly
referred to as pods) are a necessary part of the residential and business
community of the Township of Harmar. If left unregulated, dumpsters
and portable storage containers can create problems which can have
a detrimental impact on the health, safety, and welfare of the community.
Dumpsters and portable storage containers can hinder pedestrian and
vehicular traffic flow and create dangerous conditions by obstructing
sidewalks and streets and can create an appearance of disorder and
economic blight. The Board of Supervisors has determined that the
regulation of dumpsters and portable storage containers within the
Township will promote the health, safety, and welfare of the community
by preventing hazards associated with these devices, by facilitating
pedestrian and vehicular traffic flow and by eliminating a nuisance
that creates the appearance of inefficiency and economic blight.
[Ord. No. 443, 8/18/2022]
The following definitions shall apply in the interpretation,
administration, and enforcement of this Part:
The Pennsylvania Solid Waste Management Act of 1980, P.S.
380, No. 97, as now or hereafter amended.
All table, refuse, animal and vegetable matter, all meat,
fish and fowls, fruits, vegetable and parts thereof, and other articles
and materials ordinarily used for food which have become unfit for
such use or which are for any reason discarded.
Any garbage, refuse or a combination thereof, as defined
in Act 97, which because of its quantity, concentration, or its 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 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.
A person who obtains or is required to obtain a permit under
this Part.
Any natural person, firm, partnership, corporation, association,
limited liability company, estate, trust or other legally recognized
entity.
Any public street, highway, road, lane, court, cul-de-sac,
avenue, alley or other thoroughfare within the Township.
Any item placed in a street for a period in excess of 48
consecutive hours that is not a motor vehicle as defined by the Pennsylvania
Vehicle Code or a waste dumpster, including, but not limited to, containers
commonly known as portable storage devices or pods, stones, mulch,
and yard waste.
The Township of Harmar.
A unit designed for the deposit of waste materials at or
near a building or other structure, commonly located on a temporary
basis on a street abutting the site and transportable to and from
the site for purposes of disposal of its contents by means of a carrying
vehicle, sometimes commonly referred to as a roll away dumpster.
[Ord. No. 443, 8/18/2022]
1.Â
No person, other than agents or employees of the Township shall place,
maintain or use a waste dumpster or street storage, on public property,
including public thoroughfares, without first having obtained a permit
from the Township by filing an application with the Township in a
form to be hereafter prescribed. Any application fee for obtaining
such a permit shall be established by ordinance or by resolution of
the Board of Supervisors. If the waste dumpster or street storage
is or will be located on the street or within the cart way, the placement
of the waste dumpster or street storage must be approved by the Zoning
Enforcement Officer or his/her designee.
A.Â
The permit application is considered complete when all required information
is provided on the permit application and any applicable fee is paid.
The initial fee for said permit is hereby established as $35 for one
to five days and $55 for five to 10 days. The Township reserves the
right to amend the fee schedule at any time by resolution of the Board
of Supervisors.
B.Â
The permit must be issued prior to the placement of the waste dumpster
or street storage by the applicant.
C.Â
All permits issued under this Part shall be valid for a period of
10 working days from the date of placement of the waste dumpster or
street storage, as stated in the application. If it becomes necessary
to amend the date of placement of the waste dumpster or street storage,
the applicant shall notify Township authorities and the 10 days will
begin with the actual placement of the waste dumpster or street storage.
D.Â
An applicant may apply for an extension of the ten-working-day period,
to be granted by the enforcement official in increments of 10 working
days, if the enforcement official deems the extension necessary and
reasonable. The applicant must apply for an extension at least three
days before the expiration of the original permit.
[Ord. No. 443, 8/18/2022]
1.Â
The placement of a waste dumpster or street storage upon a street
shall not extend into the travel lane of traffic.
2.Â
A waste dumpster or street storage placed upon a street shall have
PennDOT certified traffic cones placed at each corner and shall also
be illuminated with a warning light, light reflector or a reflectorized
material on the front and rear surfaces in such a manner to indicate
the height and width of it, and shall be visible for a distance of
not less than 300 feet between the hours of sunset and sunrise.
3.Â
The location and utilization of a waste dumpster or street storage
upon a street shall not be in a manner which constitutes a safety
hazard to persons or property.
4.Â
The location and utilization of a waste dumpster or street storage
upon a street shall be in compliance with all federal, state and local
laws, rules and regulations applicable thereto, including but not
limited to any highway occupancy or other permit required by the Pennsylvania
Department of Transportation, in addition to the requirements of this
Part.
5.Â
The waste dumpster or street storage shall be kept at least 20 feet
away from any crosswalk and from any intersection and must be placed
so it does not block the view of any motorist pulling into a roadway.
6.Â
The waste dumpster or street storage shall be conspicuously marked
with the name, address and phone number of its owner and a copy of
the current effective permit shall be visibly attached to it.
7.Â
During all times when the waste dumpster or street storage is in
place and in use, a tarpaulin or other suitable weather resistant
cover shall be placed over it in order to protect the contents from
being displaced and/or causing litter on public property or a private
premise or creating dust, offensive odors or other health hazards.
In all instances, the container shall, when necessary, be provided
with adequate restraints to prevent inadvertent movement from its
original location. The need for restraints shall be determined by
Township officials at the time the permit is issued.
8.Â
No overflow of any material shall be permitted from the waste dumpster
or street storage, nor shall any accumulation of any material next
to the waste dumpster or street storage be permitted.
9.Â
Hazardous waste and garbage shall not be stored in a waste dumpster
or street storage.
10.Â
There shall be no defect or faulty design in the waste dumpster or
street storage, which might create a hazard to the general public,
interfere with its operation or inhibit the purpose for which it is
to be used.
11.Â
Liability insurance shall be obtained and maintained by the permittee
in the amount of at least $100,000 for property damage and personal
injury, combined single limit, arising out of or in connection with
the placement or utilization of a waste dumpster or street storage
on any street, with the Township being named as an additional insured
on said policy for such purpose.
12.Â
The permittee shall execute an indemnity agreement, in a form acceptable
to the Township, promising to indemnify, save harmless and defend
the Township, its officials, agents, servants, and employees and each
of them, against and hold it and them harmless from any and all lawsuits,
claims, demands, liabilities, losses and expenses, including court
costs and reasonable attorneys' fees for or on account of any
injury to any person or any damage to any property, which may arise
or which may be alleged to have arisen out of or in connection with
the placement or utilization of a waste dumpster or street storage
on any street.
13.Â
Only one waste dumpster or street storage per property will be permitted
on any street in the Township.
14.Â
If a chute or similar device or object is to be used with a waste dumpster, it must be deemed structurally sound by the Township or its designee, and liability insurance in the same amount and form as set forth in Subsection 11 above shall be provided.
15.Â
The permittee shall assume all risk of damage, and the Township shall
not be liable for any damage, to the waste dumpster or street storage
when the Township is plowing snow, maintaining the street or other
facilities within the street or performing other public functions.
16.Â
The permittee shall be responsible for all damages to Township property
which may occur as a result of the placement or use of the dumpster
or street storage. If the permittee does not promptly repair any damage
after notice to do so from the Township, the Township may repair such
damage and recover the cost from the permittee.
17.Â
The permittee must fully enclose each individual dumpster by a wall,
slated fence or other means so constructed to prevent windblown trash
and rubbish from leaving the enclosure. Such enclosures shall be equipped
with a self-latching and lockable gate or an equivalent enclosure
sufficient to deny access to the general public.
[Ord. No. 443, 8/18/2022]
Without limitation, as to the utilization of any other legal
or equitable remedy or action available to the Township, civil or
criminal, noncompliance with any of the requirements or provisions
set forth in this Part or any material false statement or omission
made in connection with the application for a permit shall be grounds
for revocation by the Township Manager, Zoning Enforcement Official,
the Township Chief of Police or their designee of the permit issued
pursuant to this Part.
[Ord. No. 443, 8/18/2022]
The Township may, at the expense of the owner or lessee of the
property, or the permittee, remove or cause the removal of a waste
dumpster or street storage.
[Ord. No. 443, 8/18/2022]
Any person who or which violates or fails to comply with any
provision of this Part shall, upon conviction, be sentenced to pay
a fine of not less than $300 and not more than $600 plus costs for
each such violation. Each day or portion thereof in which a violation
exists shall be considered a separate violation of this Part. Each
provision of this Part which is violated shall be considered a separate
violation. Such fine shall be in addition to any other fine which
may be imposed under the provisions of any other ordinances of the
Township, Pennsylvania law, or federal law. In default of payment
of any fine, such person shall be imprisoned for not more than 30
days.
[Ord. No. 443, 8/18/2022]
In addition to or in lieu of the penalties provided in § 20-207 hereof, any violations of the provisions of this Part may be abated or enforced by proceedings seeking equitable relief against the violator.
