[HISTORY: Adopted by the Borough Council of the Borough of Sewickley 1-21-1991 by Ord. No. 1099 (Ch. 20, Part 1, of the 1996 Code of Ordinances). Amendments noted where applicable.]
Property maintenance — See Ch. 247.
This chapter shall be known and referred to as the "Sewickley Solid Waste Ordinance."
[Amended 2-19-1996 by Ord. No. 1159]
The following words and phrases as used in this chapter 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 or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.
- The Borough of Sewickley, 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 AND 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, partnership, 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: (1) cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or (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, churches, libraries and museums.
- MUNICIPAL WASTE
- Garbage, refuse, rubbish, 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.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties, or the agents of any of them. In any provisions of this chapter 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.
- Land, buildings or other structures on which municipal waste is produced or stored.
- 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 an industrial, mining and agricultural operation 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 solid waste, whether combustible or not, such as paper, cardboard, cans, glass, crockery, rags and other waste material not defined herein as garbage, but not including household furniture or appliances, tires, building or home remodeling refuse, ashes, dirt, rocks, general garden or lawn debris such as leaves, grass and tree cuttings, hedge or shrubbery trimmings.
- 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 adjunct to solid waste route collection vehicles.
- The off-site removal of any solid waste at any time after generation.
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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the Allegheny County 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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the County 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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the County 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 except in accordance with the provisions of this chapter.
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.
Editor's Note: See Editor's Note: See 35 P.S. § 6018.101 et seq.
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 on or upon any street, alley, sidewalk, body of water, public or private property within the Borough, except as provided in this chapter.
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 and any person owning property upon which municipal waste is produced 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, insectproof and rodentproof.
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 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 chapter or which have sharp edges, ragged edges or any other defects 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. For the purpose of this subsection, the term "pickup day" shall include the scheduled day of collection and the last three hours of the previous day.
Bulky waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or 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 chapter. 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 five units, or it may contract with a private collector or collectors to provide this essential residential collection service.
All households, homeowners and multifamily residential sources with less than five units shall utilize the residential collection service provided by the Borough.
All multifamily residential sources (with more than four 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 wastes shall be collected following prior arrangement with the Borough's collector and payment of any 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, odor, 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 municipal waste collection activity shall be conducted from Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m. or on Saturdays between the hours of 9:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the Borough. No collection, hauling or transporting of municipal 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.
[Amended 9-16-1991 by Ord. No. 1104]
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, and 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.
The Borough Council shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance and operation of a Borough solid waste collection and disposal system or for the contracting of such service to a private collector.
Private collection services.
The Borough may contract for solid waste collection services for the residents of the Borough and pay the cost therefor from general tax revenues.
The Borough, by agreement with a private contract hauler, may establish maximum rates for the collection of solid waste, which rates shall be charged to the owners of the property from which solid waste shall be collected, and said collector shall, by individual and separate agreement with said owners, collect such charges as have been so established directly from said owners without liability to or upon the Borough.
In the event that the Borough provides such services by agreement with a private contract hauler as set forth in Subsection B(2) above, the owner or owners of the property from which solid waste shall be collected shall be primarily responsible for the timely payment of rates charged for the collection of solid wastes provided to such property. The Borough may pay any such rates charged which are in default for more than 60 days; in which event, the Borough shall be entitled to reimbursement of such payment from the owner or owners of such property, plus interest at the rate of 8% per annum, and such reimbursement obligation shall be treated by the Borough as a charge against such property until paid in full.
Annual fee schedules shall be published by the Borough or its contracted hauler based on any competitively bid residential collection service contract that may be awarded by the Borough.
The responsibility for the sanitary conditions of any property within the Borough shall be upon the owners thereof, and it shall be unlawful for any person to place, deposit or accumulate any municipal waste or allow the same to be done on such property or on highways, vacant lands or in any streams or other bodies of water thereof, except as permitted by the provisions of this chapter.
The Borough Manager, in order to protect the health and safety of the people of the Borough, is hereby authorized and directed to implement and enforce the provisions of this chapter to control the storage, collection and disposal of municipal waste within the Borough and to approve and regulate the establishment, maintenance and operation of the services and manner used in the collection and disposal thereof.
The Borough Manager and such other persons as the Borough Council may duly authorize shall have the power to enter at reasonable times upon private or public property within the Borough for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter, to correct violations and to impose the costs of correction upon the owners of such property.
Whenever the Borough Manager determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter, written notice of such alleged violation shall be given to the person responsible therefor.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of such fine and costs, to undergo imprisonment for a period of not more than 30 days. Each day that a violation of this chapter continues shall constitute a separate offense. If any violation of any provision of this chapter shall constitute a violation of a specific provision of any law of Pennsylvania, such violation shall be prosecuted under such law and not under this chapter.
[Amended 2-19-1996 by Ord. No. 1159]
The Borough may petition the court of competent jurisdiction for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.