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.
ACHD
The Allegheny County Health Department.
AIR QUALITY HAZARDOUS MATERIALS
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).
CONTRACTOR
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.
CORROSIVES
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.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
EPA
The Federal Environmental Protection Agency.
FLAMMABLES
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.
HOUSEHOLD HAZARDOUS WASTE
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.
LANDFILL
A facility used for the disposal of waste materials on the
land.
LANDFILL OPERATOR
The permitted operator of the facility used for the disposal
of waste materials on the land.
OXIDIZERS
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.
TOXIC MATERIALS
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.
UNKNOWNS
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.
USED SHARPS
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.
WILDLIFE HAZARDOUS MATERIALS
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.).
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. 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. 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.
C. If upon any subsequent inspection any such household hazardous waste
is discovered in the garbage or rubbish of either:
(1) Any
Borough citizen or resident; or
(2) Any generator in control of the location in the Borough from which the contractor collects garbage or rubbish, in either case, who has been contacted and advised of the requirements of this article, the citizen, resident or generator can be cited for violation of this article under §
298-41.
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.