[Ord. 442, 7/7/1993, § I]
This Part shall be known and referred to as the "Liberty Borough Solid Waste Ordinance."
[Ord. 442, 7/7/1993, § II; 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:
- ACT or ACT 97
- The Pennsylvania Solid Waste Management Act of 1980, P.L. 380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
- AGRICULTURAL WASTE
- 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.
- BULKY WASTE
- 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.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
- CONSTRUCTION DEMOLITION WASTE
- 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.
- DOMESTIC WASTE or HOUSEHOLD WASTE
- 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.
- HAULER or PRIVATE COLLECTOR
- Any person, firm, copartnership, association or corporation that has been licensed by the Allegheny County Department of Health and the Borough which collects, transports and disposes of refuse for a fee.
- HAZARDOUS WASTE
- 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:
- (1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
- (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- Any written authorization or approval issued by the Borough of Liberty which permits any person, firm, copartnership, association or corporation to collect, transport and/or dispose of garbage, rubbish or refuse in or from the Borough of Liberty.
- MUNICIPAL WASTE
- 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 Borough of Liberty, 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.
- RESIDUAL WASTE
- 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.
- SEWAGE TREATMENT RESIDUES
- 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.
- SOLID WASTE
- Any waste including, but not limited to, municipal residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- 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.
- TRANSFER STATION
- 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.
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 442, 7/7/1993, § III]
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough 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.
It shall be unlawful for any person to burn any solid waste within the Borough 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.
It shall be unlawful for any person to dispose of any solid waste in the Borough 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.
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Borough without first securing a license to do so from the Allegheny County Health Department and the Borough.
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Borough.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under Act 97 and any Department Rules and Regulations adopted pursuant to Act 97.
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 Borough except as provided in this Part.
[Ord. 442, 7/7/1993, § IV; as amended by Ord. 501, 10/16/2003, § 1]
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.
Any person producing municipal waste shall provide a sufficient number of containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained of free liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
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.
Newspapers and magazines shall be placed in containers or shall be tied securely into bundles of not more than 40 pounds in weight.
When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
All municipal waste shall be stored in containers acceptable to the waste haulers collecting said waste.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
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.
Containers shall be used and maintained so as to prevent public nuisances.
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 waste hauler.
Containers shall be placed by the owner or customer at a collection point specified by the waste hauler.
With the exception of pick-up days when the containers are placed out for collection the containers shall be properly stored at the rear of the owner's premises or in the interior garage area at all times. On pick-up days, containers may be placed outside of the owner's premises as early as 6:00 p.m. the previous evening.
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.
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.
[Ord. 442, 7/7/1993, § V]
All individual residences, multifamily residential sources and commercial, institutional and industrial establishments shall negotiate and individually contract for collection service with a properly licensed waste hauler.
All residential garbage and rubbish shall be collected at least once a week.
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.
All 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 8:00 a.m. and 4:00 p.m., unless prior approval or any exception has been granted by the Borough. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
All haulers operating within the Borough shall comply with the following standards and regulations:
All municipal waste collected within the Borough shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan, 1990, or on subsequent revisions thereto.
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.
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.
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
[Ord. 442, 7/7/1993, § VI; as amended by A.O.]
It shall be unlawful for any hauler or private collector to operate in the Borough of Liberty without first obtaining a license to operate from the Borough Secretary and paying the required fee.
Prior to obtaining such a license, the hauler or private collector must register and provide the Borough Secretary with the following information in writing:
The name, address and phone number of the hauler or private collector.
A list of the persons, commercial establishments, industrial establishments or institutional establishments from which the hauler or private collector collects garbage, rubbish and other refuse materials.
The regularly scheduled days and hours of collection for garbage, rubbish and refuse for the above-listed persons, commercial establishments, industrial establishments or institutional establishments.
A fee for a daily license, monthly license and an annual license is to be charged in an amount as established, from time to time, by resolution of Borough Council, for the issuance of a license as required by this Part so as to defray the costs of regulation required under this Part.
[Ord. 442, 7/7/1993, § VII]
All properly licensed haulers operating in the Borough of Liberty 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 Borough of Liberty.
[Ord. 442, 7/7/1993, § VIII]
The Borough may petition the Allegheny County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.
[Ord. 442, 7/7/1993, § 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.
Additionally, any hauler or private contractor who violates any provision of this Part, upon conviction thereof, shall be subject to exclusion by the Borough of Liberty from the collection of any garbage, rubbish or refuse matter within the confines of the Borough for a period of 90 days for an initial violation and for a period of one year for each subsequent violation.