[Adopted 7-21-2003 by Ord. No. 632 (Ch. 20, Part 4, of the 1978 Code
of Ordinances)]
The following words shall be construed to have the meanings
set forth below; and throughout this article, the singular shall include
the plural, and the masculine gender shall include the feminine and
neuter.
The Allegheny County Health Department.
Materials which when burned could cause excessive emissions
or toxic ash complications at resource recovery incinerators or facilities.
These types of materials include, but are limited to, paints that
contain more than 1% by weight of heavy metals (like lead-based paints),
anything that contains volatile organic compounds, thermostats and
batteries (due to metals and acid).
A waste hauler engaged by the Borough to collect and remove
rubbish, garbage and recyclable materials from locations in the Borough
and to transport such materials to an approved landfill for disposal
or to a recycling center, as appropriate.
Materials that have extremely low or high pH (i.e., highly
acidic or basic) and can burn skin, eyes and mucous membranes, such
as oven cleaners, drain cleaners, rust removers or other materials
capable of corroding metals.
The Pennsylvania Department of Environmental Protection.
The Federal Environmental Protection Agency.
Combustible materials, typically liquids or gases, that if
exposed to an ignition source (e.g., a flame or spark) will cause
an explosion or fire, such as gasoline, kerosene, fuel oil, oil-based
paints and paint thinners, butane or propane.
Wastes that are hazardous in nature, generated from households,
which if not properly managed can result in hazards to the environment
and public health or can create a public or private nuisance. For
purposes of this article, household hazardous wastes include materials
in one of the following categories: air quality hazardous materials,
corrosives, flammables, oxidizers, toxic materials, wildlife hazardous
materials, unknowns, used sharps and any waste materials that the
Department or EPA may by regulation list, identify or determine to
be a hazardous waste.
A facility used for the disposal of waste materials on the
land.
The permitted operator of the facility used for the disposal
of waste materials on the land.
Chemicals that react strongly with other compounds and under
certain circumstances may result in fires or explosions or generate
toxic fumes, such as peroxides, sodium hypochlorite and chlorinated
pool chemicals.
Solids, liquids or gases that may cause cancer, such as carbon
tetrachloride (found in old fire extinguishers), thallium sulfate
(found in ant traps) and benzene, cyanide compounds (found in rat
fumigants) and materials that otherwise are usually harmful or fatal
when eaten or drunk or absorbed.
Until proven otherwise, anything without a warning label,
ingredient information or otherwise unidentifiable should be presumed
to be materials in one of the following categories: air quality hazardous
materials, corrosives, flammables, oxidizers, toxic materials or wildlife
hazardous materials.
Hypodermic needles and syringes to which a needle can be
attached, with or without the needle, which have been used during
the course of providing medical care in a home setting by self-administration,
a family member or another person.
Materials that are slow to degrade, tend to present a hazard
to fish or wildlife and may be immediately toxic or may be absorbed
and accumulate in the tissues of animals and fish (such materials
include old chlorinated pesticides like DDT, chlordane, dieldrin,
heptachlor, etc.).
A.Â
All household hazardous waste disposed together and mixed with any
other garbage or rubbish by any Borough citizen or resident must be:
(1)Â
Acceptable for collection by the contractor.
(2)Â
Acceptable for transportation by the contractor to a landfill operator.
(3)Â
Acceptable for disposal, treatment or other management by the landfill
operator.
(4)Â
Otherwise acceptable to the ACHD, Department and EPA with respect
to the form, nature, composition, type, quality, quantity, volume,
amount, mass, number of the household hazardous waste items or constituents
thereof or with respect to any actual, known, threatened or suspected
hazard or harm to the environment, public health and safety and wildlife
or plant life, or any actual or potential nuisance.
B.Â
Any household hazardous waste that is not acceptable to the contractor,
the landfill operator, the Department or EPA as set forth above shall
not be disposed together and mixed with any other garbage or rubbish
by any Borough citizen or resident. Any such household hazardous waste
can be refused by the contractor without prior notice.
In the event the contractor, the landfill operator, the ACHD,
the Department or the EPA advises the Borough Manager or his delegate
that a Borough citizen or resident has disposed of household hazardous
waste in violation of the provisions of this article, the Borough
Manager or his delegate may:
A.Â
Inspect the garbage or rubbish of any Borough citizen, resident or
other location in the Borough from which the contractor collects garbage
or rubbish for the presence of household hazardous waste.
B.Â
If upon the first inspection any such household hazardous waste is
discovered in the garbage or rubbish of any Borough citizen, resident
or other location in the Borough from which the contractor collects
garbage or rubbish, contact the citizen, resident or other generator
and advise them of the requirements of this article.
Any person violating this article, whether as an individual,
principal, agent, employer or employee of another, shall, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000 plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Allegheny County
correctional facility for a period not exceeding 30 days. Each disposal
of household hazardous waste which does not comply with the provisions
of this article shall constitute a separate offense. It shall not
be a defense to any action brought under this article that the contractor
has in fact collected any household hazardous waste.
