Chapter 466 Solid Waste

Newsprint;

(6)

Corrugated paper;

(7)

High grade office paper.

Commercial, municipal, institutional establishments, and community activities. At a minimum, all commercial, municipal and institutional establishments and community activities shall be required to separate for recycling materials, including high grade office paper, aluminum, corrugated paper and leaf waste. Based upon the volume generated, the Borough may require additional materials to be separated for recycling from the following materials:

Clear glass;

Colored glass;

Steel and bimetal cans;

§ 466-5 Preparation/storage of designated recyclable materials.

Newsprint.

Persons shall separate, prepare and store for collection the designated materials in the following manner:

Newsprint shall be tied both across and lengthwise in easy-to-manage bundles or placed in paper bags, and kept dry.

Clear glass and colored glass shall be emptied, cleaned and placed in the recyclable material containers to be provided by the Borough.

Aluminum, steel and bimetallic cans shall be emptied and placed in the recyclable material containers provided by the Borough.

Corrugated paper shall be tied both across and lengthwise in easy-to-manage bundles or placed in paper bags and kept dry.

All persons shall separate and remove leaf waste from other municipal waste generated at their homes, apartments and other residential establishments and shall compost said leaf waste until the designated pick-up dates for leaf waste.

All high grade office paper, aluminum, corrugated paper and leaf waste and other material which may be designated by the Borough for recycling, which is generated at commercial, municipal, institutional establishments and from community activities shall be separated and stored until it can be collected by the Borough, unless other provisions are made for its collection pursuant to § 466-9 and/or § 466-10 hereof.

§ 466-6 Ownership of recyclables.

Nothing in this article shall be deemed to impair the ownership of separated materials by the person who generated them unless and until such materials are placed at curb side or a similar designated location for collection by the Borough or its agents and/or contractor.

§ 466-7 Ownership of containers for recyclable materials.

Any containers provided to residents for collection of recyclable materials shall be the property of the Borough and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Borough shall be responsible for returning the allocated containers to the Borough or shall pay the replacement cost of said containers. Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such containers shall be a violation of this article.

§ 466-8 Collection of designated recyclable materials by the Borough.

The Borough shall pick up or provide for the pickup of all recyclable materials from the curbside or similar location of all dwellings of one to four units and other participating establishments one time per week on the designated day that the municipal waste is picked up by the Borough or its agents and/or contractor. Said recyclable material shall be placed in the designated containers to be provided by the Borough and shall be picked up by trucks and other related equipment at the curbside or similar location. The recyclable material shall be transported to the recovery facility where the recyclable materials will be separated for sale to a secondary market or reused by a manufacturer as a substitute for or a supplement to virgin or raw materials. The Borough or its agents and/or contractors shall provide written documentation of the total number of tons of recyclable material collected and disposed of each year pursuant to the provisions of the aforementioned Act 101 of July, 1988.

§ 466-9 Collection and documentation for multifamily residential dwellings of five or more units (apartments).

Any person, owner, landlord or agent of an owner or landlord of multifamily rental housing properties with five or more units must comply with the requirements of this article by establishing an independent collection system for recyclable materials at each multifamily rental housing property. The collection system must include suitable containers for collecting and sorting materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the individual collection system. Persons, owners, landlords and agents of owners or landlords who comply with the provisions of this section shall not be liable for the noncompliance of occupants of the multifamily rental housing properties. Any owners, landlords and/or their agents of multifamily dwellings of five or more units must provide, annually, to the Borough of Blawnox written documentation of the total number of tons of material that have been recycled. This written documentation shall be in the form of receipt slips which shall show the volume of material recycled per receipt. This written documentation must also show the total number of tons of recyclable material collected and disposed of per year.

§ 466-10 Collection and documentation for commercial, institutional or municipal establishments.

Any person occupying a commercial, institutional or municipal establishment within the municipal boundaries of the Borough of Blawnox must provide for their own separation and collection of recyclable materials, and must provide, annually, to the Borough of Blawnox written documentation of the total number of tons of material that have been recycled. This written documentation shall be in the form of receipt slips which shall show the volume of material recycled per receipt. This written documentation must also show the total number of tons of recyclable material collected and disposed of per year.

§ 466-11 Unauthorized collection of designated materials.

It shall be unlawful for any unauthorized person to collect or pick up or cause to be collected or picked up any recyclable material once it has been placed at the curb or other similar designated location.

It shall also be unlawful for any person to collect, remove or dispose of solid and/or municipal waste which contains recyclable materials when they are combined with other forms of solid and/or municipal waste.

§ 466-12 Enforcement and administration.

The Borough Council is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this article as deemed necessary, including, but not limited to:

Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments and apartments.

Establishing procedures for the distribution, monitoring and collection of containers for the recyclables.

Establishing procedures and rules for the collection of leaf waste.

Establishing collection procedures for the recyclable materials.

Establishing reporting procedures for amounts of materials recycled.

§ 466-13 Violations and penalties.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.

§ 466-14 Severability.

If any section, sentence, or any other part of this article is invalid, that which remains is self-sustaining, and capable of separate enforcement without regard to the stricken portion, in which case that which remains should be sustained.

§ 466-15 Conflict.

Any ordinance or part of an ordinance, to the extent that it is inconsistent with the provisions of this article, is hereby repealed.

§ 466-16 Effective date.

This article shall take effect and be in force on September 1, 1990.

Article II Storage and Collection of Municipal Waste

[Adopted 2-8-2018 by Ord. No. 596]

§ 466-17 Definitions.

The following words and phrases, as used in this article, shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:

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 business establishment, including but not limited to stores, markets, office buildings, restaurants, and entertainment venues.

DISPOSAL

The incineration, deposition, dumping, spilling, 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.

GARBAGE

Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed with sufficient rapidity to cause annoying odors or gases.

HAULER or PRIVATE COLLECTOR

The entity licensed to collect, transport, and dispose of refuse for a fee within the Borough.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes which, because of its quantity, concentration or physical, chemical, or infectious characteristics, may 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 the manufacturing of goods or the processing of raw materials.

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in a public service, including but not limited to hospitals, nursing homes, schools and churches.

MUNICIPAL WASTE

Garbage, refuse, waste and other disposable material resulting from the operation of residential, municipal, commercial or institutional establishments.

REFUSE

All solid waste materials which are discarded as useless.

RESIDENTIAL WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in a private residential dwelling.

RESIDUAL WASTE

Any garbage, refuse, discarded material or other waste that remains after the process of waste treatment has taken place, provided that it is not hazardous.

RUBBISH

All nondecayable municipal waste, except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, glass, paper, wood and yard cleanings.

SCAVENGING

The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.

SOLID WASTE

Any waste, including, but not limited to, municipal, residual or hazardous wastes, including, solid, liquid, semisolid or contained gaseous material.

STORAGE

The containment of any waste on the 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.

§ 466-18 Prohibited activities.

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property in the Borough any garbage, rubbish, bulky waste, or any other municipal or residual solid waste, except in accordance with this article.

It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited, any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the Borough, except in accordance with this article.

§ 466-19 Standards for storage of solid waste.

The storage of all solid waste shall be practiced so as to prevent the attraction or harborage 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 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 containers shall be drained of free liquids before being placed in storage containers;

All garbage or other decayable waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags and placed in an approved metal or plastic container which shall be capped with a proper lid;

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 not be more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight;

Newspapers and magazines shall be placed in approved containers or tied securely into bundles of not more than 40 pounds in weight; and

(6)

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; and

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.

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 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;

Containers shall be used and maintained so as to prevent public nuisances;

Containers that do not conform to the standards of this article 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;

§ 466-20 Standards and regulations for collection.

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

(6)

On pickup days, municipal waste containers may be placed out for collection no earlier than 5:00 p.m. on the day prior to collection, and must be returned to the owner's or customer's premises no later than 9:00 p.m. the day of pickup.

[Amended 6-14-2018 by Ord No. 606]

(a)

Proper storage of municipal waste containers for all other times than those specified above shall mean storage within the curtilage of the owner's or customer's premises.

(b)

For owners or customers whose curtilage abuts a public right-of-way, proper storage of containers shall mean three feet from the public right-of-way, secured by proper means to ensure the container may not enter the public right-of-way.

(7)

Bulk waste items, such as furniture and appliances, shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, and the danger of safety or 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 article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and waste hauler, and are subject to approval by the Borough.

The Borough shall provide for the collection of all garbage, rubbish and bulky waste, excluding electronic equipment, refrigerators with Freon tanks, paint and other hard-to-recycle items, from individual residences and multifamily residential sources. All property owners, landlords and/or agents of individual residences and/or multifamily residential sources shall be responsible to pay the fee for the collection and disposal of solid waste, as established by the Borough pursuant to § 466-21 of this article.

All households and homeowners 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 services 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 fee.

All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies, and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.

Residential collection schedules shall be published regularly by the Borough or its contracted hauler.

All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on Saturdays between the hours of 6:00 a.m. and 12:00 noon, unless prior approval of any exception has been granted by the Borough. No collection, hauling, or transporting of solid 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 be conveyed by the hauler to a transfer station, processing facility or disposal site designated as being approved by the Allegheny County Health Department;

All collection vehicles conveying waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vermin, and the creation of odors and other nuisances;

Collection vehicles for rubbish and other nondecayable 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; and