[Adopted 4-8-1991 by Ord.
No. 486; amended in its entirety 12-22-2022 by Ord. No. 22-13]
1.Â
ACT OR ACT 97
AGRICULTURAL WASTE
BOROUGH
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD WASTE
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
A.Â
B.Â
INDUSTRIAL ESTABLISHMENT
LOT
MUNICIPAL WASTE
OWNER
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases shall have the meanings 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).
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.
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 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.
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
who has been licensed by the Borough or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
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;
or
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, hospitals, nursing homes, orphanages,
schools and universities.
Plot, tract, premises or parcel of land, with or without
improvements thereto.
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.
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.
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.
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.[1] 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.[2]
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.
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.
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.
2.Â
In this part, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
6.Â
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.Â
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.
1.Â
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.
2.Â
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.
3.Â
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.Â
All municipal waste shall be drained of free liquids before being
placed in storage containers.
B.Â
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
C.Â
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
D.Â
If the Borough or its contracted hauler provides yard waste services,
then 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.
E.Â
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
F.Â
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.Â
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:
A.Â
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.
B.Â
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
C.Â
Reusable containers for individual residences shall have a capacity
of not less than 35 gallons, nor more than 96 gallons.
D.Â
Disposable plastic bags or sacks are required within the mandatory
containers, provided the bags are designated for waste disposal. There
cannot be loose trash placed in the garbage cans. 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.
E.Â
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
5.Â
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.Â
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.Â
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.
C.Â
Containers shall be used and maintained so as to prevent public nuisances.
D.Â
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.
E.Â
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
F.Â
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.
G.Â
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.Â
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.
1.Â
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.
2.Â
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.
3.Â
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.
4.Â
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.
5.Â
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.
6.Â
Residential collection schedules shall be published regularly by
the Borough or its contracted hauler.
7.Â
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.
8.Â
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.Â
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
F.Â
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
1.Â
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.
2.Â
Every occupant or owner shall be charged by the Borough for the removal
and disposal of solid waste as defined in this part for at a fee that
shall be posted on the fee schedule and may be amended from time to
time by resolution.
3.Â
All senior citizens who have attained the age of 65 years and who
are the financial head of household (or their spouse) shall be entitled
to a discount of 10%, provided said senior citizen qualifies for said
discount in accordance with the rules and regulations as prescribed
by the Borough or its representative. The discount rate may be amended
from time to time by resolution.
4.Â
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.
5.Â
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.
6.Â
Effective date. The amended fees or charges set forth in this section
shall be listed on the fee schedule and revised from time to time
by resolution.
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.
1.Â
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.
2.Â
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.
1.Â
All appeals shall be made in writing to the Council of the Borough
of Sharpsburg.
2.Â
Pending a reversal or modification, all decisions of Council are
final.
3.Â
Appeals may be made by the following persons:
A.Â
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.
4.Â
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.
1.Â
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.
2.Â
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 12:00 midnight on the day of pickup.
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.
1.Â
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.
2.Â
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.
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; amended in its entirety 12-22-2022 by Ord. No. 22-13]
The Borough of Sharpsburg is authorized to enter into a joint
municipal contract by and between the Boroughs of Sharpsburg, Millvale
and Etna, or other members of the North Hills Council of Government,
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.