[Adopted 9-18-1990 as Ord. No. 1000; amended 2-4-1997 by Ord. No. 1091; 3-28-2016 by Ord. No. 1249]
As used in this article, the following terms shall have the meanings indicated:
- ACT 97
- The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980), as amended.
- The Borough of Brentwood, County of Allegheny, Commonwealth of Pennsylvania.
- BULKY WASTE
- Any large item of waste that may require special handling because of size, shape, or weight, including, but not limited to, appliances, furniture, and carpet.
- The removal of waste to an off-site dumping, deposition, or incineration facility.
- A reusable metal container with a capacity of at least one cubic yard that is used for the storage of waste.
- Any computer, television, mobile phone, or other electronic device, or any component of the same, as outlined in the Covered Device Recycling Act of 2010 (P.L. 1083, No. 108, November 23, 2010).
- Any perishable waste derived from the preparation or processing of animal, grain, fruit, or vegetable material.
- HAZARDOUS WASTE
- Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or Pennsylvania Department of Environmental Protection as hazardous.
- MULTIFAMILY DWELLING
- Any parcel of real property utilized solely for residential occupancy that contains four or more separate living units.
- NONRESIDENTIAL USE
- Any parcel of real property utilized, in whole or in part, for a purpose other than residential occupancy.
- A natural person, partnership, corporation, association, institution, cooperative enterprise, trust, or other entity classified as a person under Pennsylvania law.
- PRIVATE WASTE COLLECTOR
- Any person licensed by the Pennsylvania Department of Environmental Protection or the Health Department of Allegheny County, Pennsylvania, to transport and dispose of waste.
- Garbage, rubbish, bulky waste, and yard waste generated at a residential dwelling, multifamily dwelling, or nonresidential use.
- RESIDENTIAL DWELLING
- Any parcel of real property utilized solely for residential occupancy that contains no more than three separate living units.
- RESIDENTIAL WASTE COLLECTOR
- A private waste collector authorized by the Borough to transport and dispose of rubbish from residential dwellings.
- Any nonperishable waste, including, but not limited to, cardboard, cans, ceramics, cloth, glass, paper, and wood, but excluding bulky waste.
- The unauthorized removal of refuse placed for collection.
- The temporary containment of waste on any real property for a period between scheduled waste collection.
- The removal of any waste at any time after its generation.
- Garbage, rubbish, bulky waste, e-waste, hazardous waste, and yard waste generated at a residential dwelling, multifamily dwelling, or nonresidential use.
- YARD WASTE
- Leaves, grass clippings, shrubbery, and tree trimmings.
Except to the extent the activities described below are conducted pursuant to the provisions of this article or of any rules or regulations adopted pursuant to Act 97 or of any of the rules or regulations under Article VIII of the Health Department of Allegheny County, Pennsylvania, it shall be unlawful for any person to:
Accumulate or permit the accumulation upon any property within the Borough any waste.
Burn any waste within the Borough.
Dispose of any waste in the Borough.
Transport any waste from any property in the Borough without first securing a license from the Pennsylvania Department of Environmental Protection to do so in accordance with Chapter 174 of the Borough Code.
Scavenge any materials from any waste that is stored or placed for collection within the Borough.
Salvage or reclaim any waste within the Borough, except at a facility licensed by the Pennsylvania Department of Environmental Protection and granted occupancy for such use by the Borough.
All waste shall be stored so as to prevent the attraction, harboring or breeding of insects, rodents or vectors and to assure elimination of conditions harmful to public health or which might create safety hazards, odors, unsightliness or public nuisances.
Any person storing waste shall comply with the following preparation standards:
All waste shall be drained free of liquids before being placed in storage containers.
All garbage shall be securely wrapped in paper, plastic, or similar material and placed in properly tied and secured plastic bags.
All cans, bottles, or food containers shall be rinsed free of food particles before being placed in storage containers.
Leaves and grass clippings shall be placed in properly tied and secured plastic bags. Shrub and tree limbs shall be cut and tied into secure bundles of not more than three feet in length, two feet in diameter, and 40 pounds in weight. No single limb shall be more than three inches in diameter.
Newspapers and magazines shall be placed in storage containers or shall be tied securely into bundles of not more than 40 pounds in weight.
Carpets and carpet padding shall be placed in approved containers or shall be cut into sections not exceeding four feet in length, rolled, and securely tied. No single roll of carpet or carpet padding shall be more than 40 pounds in weight.
The Borough may specify special preparation and storage procedures to facilitate the collection and recovery of certain waste.
All refuse shall be stored in containers approved by the Borough.
Any person receiving service at a residential dwelling shall adhere to the following standards:
Reusable containers shall be constructed of durable, watertight, rust-resistant and corrosion-resistant material, such as plastic, metal or fiberglass, in such manner as to be leakproof, weatherproof, insectproof, rodentproof and vectorproof.
Reusable containers shall be equipped with tight-fitting covers and suitable lifting handles.
Reusable containers shall not have a capacity greater than 40 gallons and shall not have a loaded weight in excess of 40 pounds.
Refuse may be stored in plastic bags that are designed for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted, shall be securely tied, and shall have a loaded weight not in excess of 40 pounds.
Any person receiving service at a multifamily dwelling or nonresidential use shall store all waste in a dumpster with a tight-fitting cover, except under the following circumstances:
The subject parcel contains a single unit that is occupied by a business and professional office or personal service establishment, as defined in Chapter 210 of the Borough Code.
The physical characteristics of the subject parcel make it impossible to meet this requirement.
Any person storing refuse for collection shall comply with the following storage standards:
Reusable containers and dumpsters shall be maintained covered and tightly sealed. Waste shall not protrude or extend above the top of said reusable container or dumpster.
Reusable containers and dumpsters shall be kept in sanitary condition, and the interior of such reusable containers and dumpsters shall be cleaned, rinsed, and drained as often as necessary to prevent the accumulation of liquid residues and solids on the bottom or sides of such reusable containers and dumpsters.
Except when placed at the curbside for collection, all reusable containers must be stored behind the front building line of the structure from which the materials placed in said reusable container are generated.
Except when placed at the curbside for collection, no plastic bags may be stored in any exterior premises.
Except when actively being serviced by a private waste collector, all dumpsters must be stored in the rear of the structure from which materials being placed in said dumpster are generated.
Except when placed at the curbside for collection, bulky waste shall not be stored in any exterior premises. Doors must be removed from all appliances.
Yard waste may not be stored in any exterior premises in excess of seven days. Except when placed at the curbside for collection, yard waste must be stored behind the front building line of the structure from which the materials placed in said reusable container are generated.
When placed at the curbside for collection, reusable containers, plastic bags, and bulky waste shall be located at a point specified by the Borough.
Household hazardous waste and e-waste may not be stored in any exterior premises.
The type and size of any dumpster placed at a multifamily dwelling or nonresidential use shall be determined by the person receiving service and the private waste collector, subject to approval by the Borough.
The Borough shall provide for the collection of refuse from all residential dwellings.
All residential dwellings shall be serviced by the residential waste collector provided by the Borough.
All multifamily dwellings and nonresidential uses shall be serviced by a private waste collector.
Residential collection schedules shall be published at least once per calendar year, including prior to any alteration of service.
No refuse may be placed at the curbside prior to 5:00 p.m., prevailing time, on the day prior to the designated collection day.
Reusable containers must be removed from the curbside no later than 6:00 p.m., prevailing time, on the day of collection.
Private waste collectors shall only perform collection activity on Monday through Saturday between the hours of 6:00 a.m., prevailing time, and 5:00 p.m., prevailing time, unless prior written approval has been granted by Brentwood Borough Council. No collection activity shall be permitted on Sunday.
If said waste is not removed from the curbside within 24 hours of issuance of said notification, the Borough shall cause the waste to be removed. The fee for the removal of said waste shall be established by resolution of Brentwood Borough Council.
All residential waste collectors and private waste collectors shall comply with the following regulations:
All waste collected in the Borough shall be disposed of at a facility approved by the Health Department of Allegheny County, Pennsylvania, in its Solid Waste Management Plan.
Any vehicles used for the collection and transportation of waste must comply with the requirements of Act 97 and any regulations adopted by the Pennsylvania Department of Environmental Protection and the Health Department of Allegheny County, Pennsylvania.
All vehicles transporting waste shall be watertight and suitably enclosed to prevent the leakage of waste, roadside littering, the attraction of vectors, the creation of odors, and other nuisances.
All waste shall be transported so as to prevent public health hazards.
Any vehicles used for the collection and transportation of waste shall be maintained in a clean and sanitary condition.
Brentwood Borough Council shall, through the competitive bidding process, award a contract to a residential waste collector for the transportation and disposal of refuse from residential dwellings.
The residential waste collector shall assess a service fee for the transportation and disposal of refuse from residential dwellings. Said residential waste collector shall, once per quarter, invoice the owner of each residential dwelling. Under no circumstances shall an invoice be issued in the name of a tenant.
The residential waste collector shall provide for the collection and processing of service fees.
Any service fees or portions thereof that are not paid within 90 days of the due date listed on an issued invoice shall be collected by the Borough.
Once per quarter, the residential waste collector shall provide the Borough with the physical location of any property for which a service fee or portion thereof has not been paid within 90 days of the due date listed on an issued invoice. The residential waste collector shall additionally provide the name of the owner, the mailing address of the owner, and the total balance that has not been paid.
The private waste hauler shall be responsible for collecting any fees associated with service at a multifamily dwelling or nonresidential use.
Any service fees or portions thereof not paid within 30 days of the due date listed on an issued invoice shall be subject to a penalty of $10.
Any service fees or portions thereof not paid within 90 days of the due date listed on an issued invoice shall be subject to any additional penalty of $10.
Upon receipt from the residential waste collector of the physical address of any property for which a service fee or portion thereof has not been paid within 90 days of the due date listed on an issued invoice, the Borough shall issue to the owner via United States Mail a final notice of delinquency.
The owner of any property for which a final notice of delinquency has been issued shall pay in full to the Borough the amount listed on said notice within 14 days of issuance.
Any person who violates any provision of this article shall, upon conviction thereof before a District Justice or other court, be sentenced to pay a fine of not less than $500 and not more than $1,000, plus the costs of prosecution. Each day of continuing violation shall constitute a separate offense.
If the owner of any property does not satisfy in full the amount listed on a notice under § 174-27A or § 174-30C, the Borough reserves the right to issue a notice of intent to assess counsel fees in the form of a municipal lien, and, if payment is not received pursuant to this notice, shall file a municipal lien upon the property about which such notice was issued.