[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:
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 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 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
that has been licensed by the Allegheny County Department of Health
and the Borough which collects, transports and disposes of refuse
for a fee.
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:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
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.
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.
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.
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.
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. 442, 7/7/1993, § III]
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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]
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.
2.
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.
3.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.
All municipal waste shall be drained of free liquids before being
placed in 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.
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
D.
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.
Newspapers and magazines shall be placed in containers or shall be
tied securely into bundles of not more than 40 pounds in weight.
F.
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.
4.
All municipal waste shall be stored in containers acceptable to the
waste haulers collecting said waste.
5.
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.
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.
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.
Containers shall be used and maintained so as to prevent public nuisances.
D.
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.
E.
Containers shall be placed by the owner or customer at a collection
point specified by the waste hauler.
F.
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.
G.
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.
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]
1.
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.
2.
All residential garbage and rubbish shall be collected at least once
a week.
3.
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.
4.
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.
5.
All haulers operating within the Borough shall comply with the following
standards and regulations:
A.
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.
B.
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.
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.
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.
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
F.
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.]
1.
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.
2.
Prior to obtaining such a license, the hauler or private collector
must register and provide the Borough Secretary with the following
information in writing:
A.
The name, address and phone number of the hauler or private collector.
B.
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.
C.
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.
D.
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.]
1.
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.
2.
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.
