[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.
[Ord. No. 574-17-05, 12/20/2017]
This Part shall be known as the "Solid Waste Ordinance of the
Borough of Manor."
[Ord. No. 574-17-05, 12/20/2017]
1.
ABATEMENT
AGRICULTURAL WASTE
ACT 97
ACT 101
ALUMINUM
AQUACULTURE
BENEFICIAL USE
BIMETAL CONTAINERS
BULKY WASTE
COMBUSTIBLE REFUSE
COMMERCIAL ESTABLISHMENT
COMMISSION
COMMONWEALTH
COMMONWEALTH AGENCY
COMMUNITY ACTIVITIES
CONSTRUCTION AND DEMOLITION WASTE
CORRUGATED PAPER
DEPARTMENT
DISPOSAL
FACILITY
FOOD PROCESSING WASTE
FOOD PROCESSING WASTES USED FOR AGRICULTURAL PURPOSES
GARBAGE
GLASS CONTAINERS
HIGH-GRADE OFFICE PAPER
HOST MUNICIPALITY
INCOMBUSTIBLE REFUSE
INDUSTRIAL ESTABLISHMENT
LEAF WASTE
LOCAL PUBLIC AGENCY
A.
B.
C.
MANAGEMENT
MULTIFAMILY HOUSING PROPERTIES
MUNICIPAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL RECYCLING PROGRAM
MUNICIPAL WASTE
MUNICIPAL WASTE LANDFILL
NEWSPAPER
OCCUPIED DWELLING
OPERATOR
PERSON
PLASTIC CONTAINERS
POLLUTION
PROCESSING
PUBLIC AGENCY
PUBLIC NUISANCE
RECYCLABLE MATERIALS
RECYCLING
RECYCLING FACILITY
REFUSE
RESIDENCES
RESIDUAL WASTE
RESOURCE-RECOVERY FACILITY
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION/TRANSFER FACILITY
WASTE REDUCTION
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.
The restoration, reclamation or recovery of a natural resource
adversely affected by the activity of a person.
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.)
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).
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).
All empty aluminum beverage or food cans.
The practice of raising plants or animals, such as fish or
shellfish, in man-made or natural bodies of water.
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.
Empty food or beverage containers consisting of two metals,
such as steel and aluminum or steel and tin.
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.
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.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
The Pennsylvania Public Utility Commission and its authorized
representatives.
The Commonwealth of Pennsylvania.
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.
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.
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:
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The Department of Environmental Protection of the commonwealth
and its authorized representatives.
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.
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.
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.
The use of food processing wastes in normal farming operations
as defined in this section.
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.
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.
Bond, copier, letterhead or mimeograph paper typically sold
as "white ledger" paper and computer paper.
The municipality other than the county within which a municipal
waste landfill or resource-recovery facility is located or is proposed
to be located.
All discarded articles or materials, except sewage, liquid
waste, garbage and combustible refuse.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Leaves from trees, bushes, shrubs and other plants, garden
residues, chipped or clipped shrubbery and tree trimmings, but not
including grass clippings.
Counties, cities, boroughs, towns, school districts and any
other authority now in existence or hereafter created or organized
by the commonwealth.
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.
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.
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.
Any properties having four or more dwelling units per structure.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of Manor.
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.
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.
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.
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.
A permanent structure, building or fixed mobile home that
is currently being used on a regular or temporary basis for human
habitation.
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.
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.
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.
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.
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.
Any commonwealth agency or local public agency.
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.
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.
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.
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.
All solid waste materials which are discharged as useless.
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.
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.).
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.
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, as amended.
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.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
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.
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.
Design, manufacture or use of a product to minimize weight
of municipal waste that requires processing or disposal, including,
but not limited to:
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.