[Adopted 4-8-1991 by Ord. No. 486]
[Amended 2-21-2013 by Ord. No. 13-05]
The following words and phrases shall have the meanings 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).
- 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 of commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
- The Borough of Sharpsburg, Allegheny County, Pennsylvania.
- 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 of building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and payments.
- 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 who has been licensed by the Borough or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
- 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:
- 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.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
- Plot, tract, premises or parcel of land, with or without
improvements thereto.[Added 4-4-2005 by Ord. No. 05-04]
- 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 waste supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
- Any person or persons, jointly or severally, firm, corporation
or other entity which, either by conveyance or inheritance or otherwise,
is vested with legal title to a lot and/or improvements thereto or
who retains the exclusive control of such a lot and/or improvements
thereto in his capacity as a legal representative, such as an administrator,
trustee, executor, etc.[Added 4-4-2005 by Ord. No. 05-04]
- Any individual, owner, 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 provision 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.[Amended 4-4-2005 by Ord. No. 05-04]
- Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or 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 or 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. 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.
- 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.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- 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.
- 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.
It shall be unlawful for any person 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 section, 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 section, 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 section, 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 in accordance with the provisions of this part.
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 without prior approval by 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.
The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of 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 approved 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, nor more than two feet in diameter, and not more than 40 pounds in weight.
Newspapers and magazines shall be placed in approved 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 approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
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.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
Reusable containers for individual residences 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.
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.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
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 bottoms or sides of the containers.
Containers shall be used and maintained so as to prevent public nuisances.
Containers that do not conform to the standards 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 Borough or its designated representative.
Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.
With the exception of pickup days, when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises at all times.
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 and are subject to approval by the Borough.
The Borough shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with less than six units, or it may contract with a private collector or collectors to provide this essential residential collection service.
All households and homeowners shall utilize the residential collection service provided by the Borough unless they can demonstrate that they have made alternate arrangements that are consistent with this part and approved by the Borough.
All multifamily residential sources (with more than five units), commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler of their choice.
All residential garbage and rubbish shall be collected at least once a week. Bulky waste shall be collected following prior arrangement with the Borough's collector and payment of all required special fees.
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 Borough reserves the right to require more frequent collection when deemed necessary.
Residential collection schedules shall be published regularly by the Borough or its contracted hauler.
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 6:00 a.m. and 6:00 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 licensed haulers and haulers under contract with 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 in 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 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 to 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.
[Amended 2-10-1992 by Ord. No. 495; 5-10-1993 by Ord. No. 507; 5-12-1997 by Ord. No. 97-1; 12-30-2002 by Ord. No. 02-6; 12-30-2003 by Ord. No. 03-3; 12-29-2005 by Ord. No. 05-08; 10-7-2008 by Ord. No. 08-04; 1-8-2013 by Ord. No. 13-02; 2-21-2013 by Ord. No. 13-05; 1-6-2014 by Ord. No. 14-01]
The Borough Council of the Borough of Sharpsburg shall be authorized to make funds available, in accordance with laws and procedures of the Borough, 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.
Every occupant or owner shall be charged by the Borough for the removal and disposal of solid waste as defined in this part for the fee of $41.76 every three months on a quarterly annual basis.
All senior citizens who have attained the age of 65 years shall be entitled to a discount of $11 per quarter, provided the first quarter is paid in full and said senior citizen qualifies for said discount in accordance with the rules and regulations as prescribed by the Borough.
In addition to the above charges, if it is determined by the Borough that the private contractor removed items from residents' homes which are not covered under the contract between the Borough and the private contractor, any additional costs incurred by the Borough will be passed on to said residents for payment.
A penalty of 10% will be added to the bill, if the bill is not paid by the due date. The due date shall be 30 days from the billing date. If the bill is not paid by the 91st day from the billing date, the bill shall be deemed delinquent and interest shall be charged at the rate of 12% per year, which interest shall commence on the 61st day after due; provided, further, if the bill becomes delinquent, such occupant or owner shall be liable for all administrative costs and expenses incurred by the Borough of Sharpsburg for collection and payment of such delinquent fees in addition to all penalties and interest described above. The administrative costs and expenses shall be added to the occupant's or owner's bill.
Effective date. The amended fees or charges set forth in this section shall be effective for the quarterly billing period commencing January 1, 2014.
The Borough may petition a federal or state court for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this part.
[Amended 5-10-1993 by Ord. No. 507]
If any fees, costs and expenses shall remain unpaid for more than 60 days after the due date, it shall be lawful for the proper officers of the Borough to file liens for such amounts against the property, for which such fees, costs and expenses were charged and in the same manner as provided by law for the collection of unpaid Borough property taxes.
In addition to the filing of the lien, the Borough may terminate the service by advising the contractor of the delinquent status. Written notice of termination will be given to the residents 10 days prior to advising the private contractor.
All solid waste collected and removed by the Borough or its agent shall be and become the property of the Borough or the agent.
[Added 7-8-1991 by Ord. No. 490]
All appeals shall be made in writing to the Council of the Borough of Sharpsburg.
Pending a reversal or modification, all decisions of Council are final.
Appeals may be made by the following persons:
Any person who is aggrieved by a new standard or regulation issued by the Borough may appeal within 10 days after the Borough gives notice of its intention to issue the new standard or regulation.
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 45 days after receipt of the notice of appeal, the Borough shall hold a public hearing. Notice of the hearing shall be sent to all parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the mailing address provided by the parties.
All solid waste shall not be placed in the front yard or curbline prior to 4:00 p.m. on the day preceding the designated pickup day.
The occupant in charge of the property from which the solid waste has been removed shall remove or cause to be removed from the curbline or front yard all solid waste containers. Such removal shall be done no later than 12 midnight on the day of pickup.
[Added 4-4-2005 by Ord. No. 05-04]
Any occupant of a premises shall be responsible for compliance with the provisions of this Part 1 with respect to that part of the premises which he occupies and/or controls pursuant to the terms of the contract/agreement under which he exercises occupancy and/or control thereof.
[Added 4-4-2005 by Ord. No. 05-04]
All owners of premises shall comply with the provisions of this Part 1 as well as occupants, regardless of any agreements between owners and occupants as to which party shall assume such responsibility.
In instances where an occupant is responsible or shares responsibility with an owner for the existence of one or more violations of this Part 1, said occupant shall be deemed responsible and treated as if an owner within the true intent and meaning of this Part 1.
[Amended 4-4-2005 by Ord. No. 05-04; 5-5-2005 by Ord. No. 05-06; 2-21-2013 by Ord. No. 13-05]
Any person who shall violate any of the provisions of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 and costs of prosecution or imprisonment for a term not to exceed 90 days. Each violation of any provision of this Part 1 and each day the same is continued shall be deemed a separate offense.
[Adopted 10-14-1996 by Ord. No. 96-11]
The Borough of Sharpsburg is authorized to enter into a joint municipal contract by and between the Boroughs of Sharpsburg, Millvale and Etna and the solid waste contractor for the collection and disposal of solid waste.
All contract documents and specifications pertaining to the joint municipal contract as stated in § 20-201 of this part shall be fully incorporated into this section as if set forth at length herein.