Borough of Manor, PA Chapter 20 Solid Waste

Part 1 SOLID WASTE MANAGEMENT

§ 20-101 Declaration of Policy.

[Ord. No. 574-17-05, 12/20/2017[1]]

1. The accumulation, collection, removal and disposal of solid waste must be controlled by the Borough of Manor for the protection of the public health, safety and welfare. The Council of the Borough of Manor finds that, to give effect to this policy, a comprehensive system for the periodic collection, removal, disposal and recycling of solid waste from all premises in the Borough of Manor is necessary. Pursuant to the authority vested in the Borough of Manor (hereafter "Borough") by the Pennsylvania Solid Waste Management Act of 1980 (35 P.S. § 6018.101 et seq.) and the Municipal Waste Planning, Recycling, and Waste Reduction Act of 1991 (53 P.S. § 4000.101 et seq.), the Borough desires to enact an ordinance:

A. Regulating accumulation, burying, burning, collecting, disposal, dumping, packing, preparing, processing, removal, storage, transfer, and transportation of garbage, rubbish, refuse, or other solid waste materials on private or public property located in the Borough;

B. Regulating the manner by which garbage, rubbish, refuse, or other solid waste materials found or generated in the Borough must be collected, conveyed, disposed of, processed, stored, transferred, or transported to a disposal, processing, or transportation facility;

C. Regulating the manner by which garbage, rubbish, refuse, or other solid waste materials are conveyed, transferred, or transported to a disposal, processing, or transportation facility;

D. Requiring that the collection, conveyance, disposal, removal, and transportation of garbage, rubbish, refuse, or other solid waste materials from all premises in the Borough only be done by collectors, contractors or entities licensed by the Borough; and

E. Providing for the establishment of fees and charges for not only the collection of garbage, rubbish, refuse, or other solid waste materials, but also for penalties for violations of any provision of this Part.

[1] Editor’s Note: This ordinance also provided for the repeal of former Part 1, Solid Waste Management, adopted 5/4/1954 by Ord. No. 189, as amended.

§ 20-102 Title.

[Ord. No. 574-17-05, 12/20/2017]

This Part shall be known as the "Solid Waste Ordinance of the Borough of Manor."

§ 20-103 Definitions.

[Ord. No. 574-17-05, 12/20/2017]

1. The following words, when used in this Part, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise. In this Part, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

ABATEMENT

The restoration, reclamation or recovery of a natural resource adversely affected by the activity of a person.

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 that such agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, aquacultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands. (The term also includes materials in liquid or solid form generated in the production and marketing of fish or fish hatcheries.)

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980) (see 35 P. S. § 6018.101 et seq., as amended).

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (SB 528, Act 1988-101, July 1988) (see 53 P.S. § 4000.101 et seq., as amended).

ALUMINUM

All empty aluminum beverage or food cans.

AQUACULTURE

The practice of raising plants or animals, such as fish or shellfish, in man-made or natural bodies of water.

BENEFICIAL USE

Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, where the use does not harm or threaten public health, safety, welfare or the environment.

BIMETAL CONTAINERS

Empty food or beverage containers consisting of two metals, such as steel and aluminum or steel and tin.

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.

COMBUSTIBLE REFUSE

All paper, straw, excelsior, rags, rubbish, shoes and such other refuse as may result from ordinary housekeeping or commercial pursuits and which may be burned.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

COMMISSION

The Pennsylvania Public Utility Commission and its authorized representatives.

COMMONWEALTH

The Commonwealth of Pennsylvania.

COMMONWEALTH AGENCY

The commonwealth and its departments, boards, commissions and agencies, commonwealth-owned universities, and the State Public School Building Authority, the State Highway and Bridge Authority, and any other authority now in existence or hereafter created or organized by the commonwealth.

COMMUNITY ACTIVITIES

Events that are sponsored by public or private agencies or individuals, which include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.

CONSTRUCTION AND DEMOLITION WASTE

Solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term does not include the following if they are separate from other waste and are used as clean fill:

A. Uncontaminated soil, rock, stone, gravel, brick and block and concrete and used asphalt.

B. Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative materials.

CORRUGATED PAPER

Structural paper material with an inner core shaped in rigid parallel furrows and ridges.

DEPARTMENT

The Department of Environmental Protection of the commonwealth and its authorized representatives.

DISPOSAL

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 enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

FACILITY

All land, structures and other appurtenances or improvements where municipal or residual waste disposal or processing is permitted or takes place, or where hazardous waste is treated, stored or disposed.

FOOD PROCESSING WASTE

Residual materials in liquid or solid form generated in the slaughtering of poultry and livestock or in processing and converting fish, seafood, milk, meat, and eggs to food products; it also means residual materials generated in the processing, converting, or manufacturing of fruits, vegetables, crops and other commodities into marketable food items.

FOOD PROCESSING WASTES USED FOR AGRICULTURAL PURPOSES

The use of food processing wastes in normal farming operations as defined in this section.

GARBAGE

All table, refuse, animal and vegetable matter, offal from meat, fish and fowl, vegetables and fruits and parts thereof, and other articles and materials ordinarily used for food and which have become unfit for such use or which are for any reason discarded or the animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods.

GLASS CONTAINERS

Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.

HIGH-GRADE OFFICE PAPER

Bond, copier, letterhead or mimeograph paper typically sold as "white ledger" paper and computer paper.

HOST MUNICIPALITY

The municipality other than the county within which a municipal waste landfill or resource-recovery facility is located or is proposed to be located.

INCOMBUSTIBLE REFUSE

All discarded articles or materials, except sewage, liquid waste, garbage and combustible refuse.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

LEAF WASTE

Leaves from trees, bushes, shrubs and other plants, garden residues, chipped or clipped shrubbery and tree trimmings, but not including grass clippings.

LOCAL PUBLIC AGENCY

A. Counties, cities, boroughs, towns, school districts and any other authority now in existence or hereafter created or organized by the commonwealth.

B. All municipal or school or other authorities now in existence or hereafter created or organized by any county, city, borough, or school district, or any combination thereof.

C. Any and all other public bodies, authorities, councils of government, officers, or agencies or instrumentalities of the foregoing, whether exercising a governmental or proprietary function.

MANAGEMENT

The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.

MULTIFAMILY HOUSING PROPERTIES

Any properties having four or more dwelling units per structure.

MUNICIPAL ESTABLISHMENT

Public facilities operated by the municipality and other governmental and quasi-governmental authorities.

MUNICIPALITY

The Borough of Manor.

MUNICIPAL RECYCLING PROGRAM

A source-separation and collection program for recycling municipal waste or source-separated recyclable materials, or a program for designated dropoff points or collection centers for recycling municipal waste of source-separated recyclable materials, that is operated by or on behalf of a municipality. The term includes any source-separation and collection program for composting yard, waste that is operated by or on behalf of a municipality. The term shall not include any program for recycling construction/demolition waste or sludge from sewage treatment plants or water supply treatment plants.

MUNICIPAL WASTE

Any 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.

MUNICIPAL WASTE LANDFILL

Any facility that is designated, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department under the Solid Waste Management Act. The term shall not include any facility that is used exclusively for disposal of construction/demolition waste or sludge from sewage treatments plants or water supply treatment plants.

NEWSPAPER

Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest.

OCCUPIED DWELLING

A permanent structure, building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.

OPERATOR

A person engaged in solid waste processing or disposal. Where more than one is so engaged in a single operation, all persons shall be deemed jointly and severally responsible for compliance with the provisions of this Part.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or 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, directors and members of any corporation or other legal entity having officers, directors and/or members.

PLASTIC CONTAINERS

Any empty plastic food and beverage containers accepted by the collector or contractor. Due to the wide variety of types of plastics, the municipality may stipulate specific types of plastic which may be recycled.

POLLUTION

Contamination of any air, water, land or other natural resources of this commonwealth that will create or is likely to create a public nuisance or to render the air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.

PROCESSING

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. The term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.

PUBLIC AGENCY

Any commonwealth agency or local public agency.

PUBLIC NUISANCE

Any violation of any provision of this Part, rule or regulation of any government agency, order of the Department or any term and condition of any permit shall constitute a public nuisance.

RECYCLABLE MATERIALS

Materials generated by residences and commercial, municipal and institutional establishments which can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics, and other items selected by the municipality or specified in future revisions to Act 101. The recyclable materials selected by the municipality may be revised from time to time as deemed necessary by the municipality.

RECYCLING

The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than as fuel for the operation of energy.

RECYCLING FACILITY

A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource-recovery facilities.

REFUSE

All solid waste materials which are discharged as useless.

RESIDENCES

Any occupied single or multifamily dwellings or structures having up to four dwelling units per structure for which the municipality provides municipal waste collection service.

RESIDUAL WASTE

Any garbage, refuse, other discharged material or other waste, including solid, liquid, semisolid, or contained gaseous materials, resulting from industrial, mining or agricultural water supply treatment, a wastewater treatment facility or an 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 (see 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 Act of June 11, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law" (see 35 P.S. § 691.1 et seq.).

RESOURCE-RECOVERY FACILITY

A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term also includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term does not include: any composting facility; methane gas extraction from a municipal waste landfill; any separation and collection center, dropoff point or collection center for recycling, or any source-separation or collection center for composting leaf waste; and any facility, including all units in the facility, with a total processing capacity of less than 50 tons per day.

SCAVENGING

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, as amended.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid, or contained gaseous material. The term does not include coal ash or drill cuttings.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials that are separated from municipal waste at the point of origin for the purpose of recycling.

STORAGE

The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. The presumption can be overcome by clear and convincing evidence to the contrary.

TRANSFER STATION/TRANSFER FACILITY

A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all such waste materials for off-site reuse. The term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.

WASTE REDUCTION

Design, manufacture or use of a product to minimize weight of municipal waste that requires processing or disposal, including, but not limited to:

A. Design or manufacturing activities which minimize the weight or volume of materials contained in a product, or increase durability or recyclability; and

B. Use of products that contain as little material as possible, are capable of being reused or recycled or have an extended useful life.

§ 20-104 Prohibited Activities.

[Ord. No. 574-17-05, 12/20/2017]

1. It shall be unlawful for any person to accumulate, bury, collect, convey, pack, process, remove, store, transfer, or transport or permit any of the aforesaid actions, upon any public or private property within the Borough any solid waste, bulky waste, or any other municipal or residual solid waste, except in accordance with the provisions of this Part and any rules and regulations adopted pursuant to Act 97, as amended, and Act 101, as amended, by the Commonwealth of Pennsylvania, or any other commonwealth or federal statute regulating solid waste.

2. It shall be unlawful for any person to dispose of or permit the disposal of any solid waste in the Borough except in accordance with the provisions of this Part and any rules and regulations adopted pursuant to Act 97, as amended, or Act 101, as amended, by the Commonwealth of Pennsylvania, or any other commonwealth or federal statute regulating solid waste.

3. It shall be unlawful for any person to scavenge any materials from any solid waste that is placed, stored or deposited for collection within the Borough.

4. 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 any rules and regulations adopted pursuant to Act 97, as amended, or Act 101, as amended, by the Commonwealth of Pennsylvania, or any other commonwealth or federal statute regulating solid waste.

5. 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, sanitary sewer facility, storm sewer facility, stream, run, body of water, or public or private property within the Borough, except as provided by this Part.

6. It shall be unlawful for any person to use or permit to be used any of their private property in the Borough as a private accumulating, disposing, packing, preparing, processing, storing, transferring or disposal site for solid waste or bulky waste, except as provided for in this Part, or any Department rules or regulations, or any state statute regulating solid waste. It shall be unlawful for any person to collect, convey, pack, transfer, or transport any garbage, refuse, or other solid waste to a disposal site, except by those persons contracted, authorized or designated by the Council of the Borough of Manor, as provided for in this Part, or any Department rules or regulations, or any state statute regulating solid waste.

7. It shall be unlawful for any person to permit any unauthorized collector to take any solid waste or bulky waste from the premises occupied by that person.

8. It shall be unlawful for any person to refuse, hinder, obstruct, delay or threaten any agent or employee of the Borough in the course of performance of any duty under this Part, including, but not limited to, entry and inspection under any circumstance.

9. It shall be unlawful for any person to cause or assist in the violation of any provision of this Part.

10. It shall be unlawful for any person to fail:

A. To use such methods and facilities as are necessary to control leachate, runoff, discharges, and emissions from residual waste in accordance with the Department of Environmental Protection regulations;

B. To use such methods and facilities as are necessary to prevent the harmful or hazardous mixing of wastes;

C. To design, construct, operate and maintain facilities in areas in a manner which shall not adversely affect or endanger public health, safety and welfare, or the environment or cause a public nuisance;

D. To use such methods and equipment and facilities as are necessary to transport solid waste in a manner which shall not adversely affect or endanger the environment, public health or welfare and safety; and

E. To take immediate steps to contain and clean spills, littering or accidental discharge of solid waste and to notify the Department, pursuant to Department regulations, of all spills, littering or accidental discharges which occur on public highways, or public areas, or which may enter the waters of the commonwealth.

§ 20-105 Standards for Storage of Municipal Waste.

[Ord. No. 574-17-05, 12/20/2017]

1. The storage of all municipal waste, including bulky waste, shall be practiced so as to prevent the collection or accumulation of water; 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. The storage of municipal waste, including bulky waste, shall be stored separately from hazardous waste and lawn clippings.

2. 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. All waste materials shall be placed and stored in approved containers.

3. Any person storing municipal waste for collection shall comply with the following preparation standards:

A. All municipal waste shall be drained free of liquids before being placed in storage containers.

B. All municipal waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

C. When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials and the collection and composting of leaf waste materials.

4. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:

A. 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.

B. Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.

C. Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons. All reusable containers purchased prior to July 1, 1990, up to 90 gallons, will continue to be acceptable.

D. Disposable plastic bags are acceptable containers, provided the 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 40 gallons and a loaded weight of not more than 40 pounds.

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. Municipal 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 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. Containers shall be placed by the owner or customer at a collection point specified by the Borough or its designated representative.

F. 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. Bulk 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.

H. 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.

§ 20-106 Standards and Regulations for Collections.

[Ord. No. 574-17-05, 12/20/2017]

1. The Borough shall provide for the collection of all municipal waste and bulky wastes from individual residences and multifamily residential sources with fewer than four units per building or structure, or it may contract with a private collector or collectors to provide such residential municipal waste collection service. Collection shall not be provided for construction and demolition waste.

2. All residential households set forth in Subsection A above shall utilize the residential collection service provided by or contracted by the Borough.

3. The Borough may, from time to time, also provide for the collection of municipal waste and bulky waste from multifamily residential sources with four or more units per building or structure, commercial, institutional and industrial establishments, or it may contract with a private collector or collectors to provide such collection services. Such municipal waste and bulky waste shall be collected as often as necessary for the protection of the public health, safety and welfare. The Borough reserves the right to require more frequent collection when deemed necessary.

4. If the Borough fails to provide for the collection of municipal waste and bulky waste from such multifamily residential, commercial, institutional and/or industrial establishments or the Borough fails to contract with a private collector or collectors to provide any such services, then the person owning or occupying such multifamily residential sources with four or more units, commercial, institutional and/or industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler of their choice.

5. Collection schedules shall be published regularly by the Borough or its contracted collector or contractor.

6. All municipal waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 10:00 p.m., unless prior written approval has been granted by the Borough. No collecting, hauling or transporting of solid waste shall be permitted on Sunday.

7. No person shall place for collection, upon the streets, sidewalks or area designated by the Borough or collector, any municipal waste, bulky waste and/or containers for such waste, prior to 6:00 p.m. on the day immediately preceding the day scheduled for such collection.

8. All haulers operating within the Borough of Manor shall comply with the following standards:

A. Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, as amended, and Act 101, as amended, and any regulations adopted pursuant to Act 97 and Act 101, including the Title 25, Chapter 285, Subchapter B, "Regulations for the Collection and Transportation of Municipal Waste," and Act 90 of 2002.

B. All collection vehicles conveying municipal waste shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, and the creation of odors and other nuisances.

C. Collection vehicles for municipal waste shall be capable of being and shall be enclosed or covered to prevent roadside litter and other nuisances.

D. All municipal waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

E. All municipal waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 20-107 Collection and Disposal Charges; Contracts with Collectors and Contractors.

[Ord. No. 574-17-05, 12/20/2017]

1. The licensed collector or contractor shall be responsible for the collection of any and all fees for municipal waste and bulky waste collection and disposal from any person required to utilize such services pursuant to the provisions of this Part.

2. The licensed collector or contractor shall be responsible for collecting any and all fees for municipal waste and bulky waste collection and disposal from multifamily residences (more than three units), commercial, institutional and industrial sources within the Borough.

3. All fees or charges for municipal waste and bulky waste collection and disposal shall be in accordance with the fees and charges as set forth in the agreement between the Borough and the contracted hauler; and the same are hereby made and imposed upon each person required by the provisions of this Part to utilize said services for the collection and disposal of municipal waste and bulky waste.

4. The owner and the occupant of each property required by the provisions of this Part to utilize said services for the collection and disposal of municipal waste and bulky waste shall be jointly and severally liable for the payment of all fees or charges for municipal waste and bulky waste collection and disposal.

5. Upon authorized action by the Borough Council, the proper officers of the Borough are hereby authorized to make and enter into, on behalf of the Borough, any contracts with collector(s) or contractor(s), on such terms and conditions as shall be in the best interests of the Borough, and in form approved by the Solicitor, for provision of the services hereinabove provided for. Such contract shall be entered into in accordance with the provisions of law, and the proper officers of the Borough hereby are authorized and directed to sign, acknowledge and deliver any and all documents necessary to effectuate the provisions of this Part.

§ 20-108 Enforcement.

[Ord. No. 574-17-05, 12/20/2017]

1. In the event that a collector or contractor is found to be in violation of any provision of any contract and/or this Part, the Borough may take any or all of the following actions, at its discretion, depending on the nature of the violation:

A. The Borough may issue a notice of violation to the collector or contractor. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the alleged violation(s) and the necessary corrective action required. The collector or contractor shall be provided a reasonable time period to either correct the violation(s) or appeal. If the violation is not corrected or appealed within the specified period, the collector or contractor may be prosecuted under the penalty provisions of this Part; or

B. The Borough may immediately revoke the collector or contractor's license by issuing a written notice of license revocation to the licensee by certified mail with return receipt requested. The notice of revocation shall state the reasons for the Borough's actions and inform the licensee that the decision may be appealed within 10 days after receipt of the notice. Any appeal must be filed in writing and show cause why the Borough should not carry out the license revocation.

2. In the event that any person other than a collector or contractor is found to be in violation of this Part, the Borough may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the violation(s) and the necessary corrective actions required, in detail. The person notified shall be provided a reasonable time period (stated in the notice) to either correct the violation(s) or appeal.

§ 20-109 Administrative Appeals.

[Ord. No. 574-17-05, 12/20/2017]

1. All appeals shall be made in writing to the Borough Council of the Borough.

2. Pending a reversal or modification, all decisions of the Borough shall remain effective and enforceable.

3. Appeals may be made by the following persons:

A. Any person who is aggrieved by the granting of or the refusal to grant a license by the Borough may appeal within 10 days after the Borough announces the grant or denial.

B. Licensees whose licenses have been revoked may appeal within 10 days after receiving the Borough's notice of license revocation.

C. Licensees and nonlicensees who have received notices of violation may appeal within the time limit stated in their notice of violation.

4. The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 30 days after receipt of the notice of appeal, the Borough shall hold a public hearing in accord with the provisions of the Local Agency Law.[1] Notice of the hearing shall be sent to any 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 last-known address in addition to publication in the local newspaper.

[1] Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

§ 20-110 Injunction Powers.

[Ord. No. 574-17-05, 12/20/2017]

The Borough may petition the Westmoreland County Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.

§ 20-111 Violations and Penalties.

[Ord. No. 574-17-05, 12/20/2017]

Any person who violates any provision of this Part shall, upon conviction, be guilty of a summary offense, which is punishable by a fine of not more than $600 and, in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.