Town of McCandless, PA Article 927 Solid Waste Storage, Collection and Disposal

§ 927.01 Definitions.

[Ord. 1017, passed 11-27-1989; Ord. 1398]

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

ACT or ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980.)

AGRICULTURAL WASTE

Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production, and marketing of poultry, livestock, fur-bearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forest, or other agricultural lands.

BULKY WASTE

Large items of solid waste including but not limited to large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.

COMMERCIAL ESTABLISHMENT

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

CONSTRUCTION AND DEMOLITION WASTE

All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.

DEPARTMENT

The Pennsylvania Department of Environmental Resources (DER).

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

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

GARBAGE

Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.

HAULER or PRIVATE COLLECTOR

Any person, firm, copartnership, association or corporation who has been licensed by the Town or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may:

(1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

INDUSTRIAL ESTABLISHMENT

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

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, day care centers, schools and universities.

MUNICIPAL WASTE

Garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous materials resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludges 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.

MUNICIPALITY

The Town of McCandless, Allegheny County, Pennsylvania.

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 article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term person shall include the officers and directors of any corporation or other legal entity having officers and directors.

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.

REFUSE

All solid waste materials which are discarded as useless.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term residual waste shall not include coal refuse as defined in the "Coal Refuse Disposal Control Act". Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to "The Clean Streams Law".

RUBBISH

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

SEWAGE TREATMENT RESIDUES

Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.

SOLID WASTE

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

STORAGE

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

TRANSFER STATION

Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

(b) In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 927.02 Prohibited activities.

[Ord. 1017, passed 11-27-1989]

(a) No person shall accumulate or permit to accumulate upon any public or private property within the Municipality, any garbage, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

(b) No person shall burn any solid waste within the Municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

(c) No person shall dispose of any solid waste in the Municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

(d) No person shall haul, transport, collect or remove any solid waste from public or private property within the Municipality without first securing a license to do so in accordance with the provisions of this article.

(e) (Reserved)[1]

[1] Editor's Note: Former subsection (e) hereof was repealed by Ord. No. 1398.

(f) No person shall salvage or reclaim any solid wastes within the Municipality except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.

(g) No person shall 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 Municipality except as provided in this article.

§ 927.03 Standards for storage of solid waste.

[Ord. 1017, passed 11-27-1989; Ord. 1398, passed 8-22-2011]

(a) The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.

(b) Any person producing municipal waste shall obtain 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.

(c) Any person storing municipal waste for collection shall comply with the following preparation standards:

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

(2) All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.

(3) Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and placed into compostable paper bags. Tree twigs or limbs no greater than four inches in diameter may be bundled. Bundles shall be no more than four feet in length.

(4) Newspapers and magazines shall be placed in approved containers.

(5) When specified by the Municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.

(d) All municipal waste shall be stored in containers approved by the Municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:

(1) Reusable containers shall be as approved by the Town.

(2) Reusable containers for individual residences shall meet specifications approved by the Town to facilitate collection.

(3) Disposable plastic bags or sacks are acceptable containers for trash that does not fit into containers specified by the Town. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top and shall be securely tied at the top for collection.

(4) All containers, either reusable or disposable, shall also comply with minimum national standards.

(5) Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.

(6) Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, and drained, as often as necessary, to prevent the accumulation of liquid residues or solids on the bottom or sides of the containers.

(7) Containers shall be used and maintained so as to prevent public nuisances.

(8) Containers shall be placed by the owner or customer at a collection point specified by the Municipality or its designated representative. Containers shall not be placed at the curb or collection point or side of the road before 7:00 p.m. on the day prior to the pickup.

(9) With the exception of pickup days when the containers are placed out for collection, the containers shall be stored on the owner or customer premises at all times, and not curbside or along the edge of a road which is not curbed.

(10) Bulk waste items shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.

(e) The storage of all municipal waste from multi-family 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 the waste hauler, and are subject to approval by the Municipality.

§ 927.04 Standards and regulations for collection.

[Ord. 1017, passed 11-27-1989; Ord. 1047, passed 2-25-1991; Ord. 1398, passed 8-22-2011; Ord. 1413, passed 6-25-2012]

(a) The Municipality shall contract with a private collector or collectors for the collection of all garbage, rubbish and bulky wastes from individual residents and multi-family residential sources with two or less units to provide this essential residential collection service.

(b) All households and homeowners shall utilize the residential collection service provided by the Municipality.

(c) All multi-family residential sources (with more than two units), commercial, institutional, and industrial establishments shall individually contract collection service with the Municipality's collector or any other properly licensed waste hauler of their choice.

(d) The Municipality or its contracted hauler shall give notice of residential collection schedules.

(e) 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 Municipality reserves the right to require more frequent collection when deemed necessary.

(f) Residential collection schedules shall be published regularly by the Municipality or its contracted hauler.

(g) All residential solid waste collection 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 6:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.

(h) All commercial, institutional, public and industrial lunchroom and office solid waste collection shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 10:00 p.m. or on Saturdays between the hours of 6:00 a.m. and 10:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.

(i) All licensed haulers and haulers under contract with the Municipality shall comply with the following standards and regulations:

(1) All municipal waste collected within the Municipality shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan - 1990 or on subsequent revisions thereto.

(2) Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.

(3) All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.

(4) All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

(5) All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 927.05 Collection and disposal charges.

[Ord. 1017, passed 11-27-1989; Ord. 1398, passed 8-22-2011]

(a) Annual fee schedules (if appropriate) shall be published by the Municipality based on any competitively bid residential collection service contract that may be awarded by the Municipality.

(b) The Municipality's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional or industrial sources within the Municipality.

(c) It is the responsibility of the property owner to pay for solid waste collection and disposal services provided to one and two-family residential units.

§ 927.06 Arbitration.

[Ord. 1017, passed 11-27-1989; Ord. 1330, passed 4-24-2006]

(a) Whenever any disputes arise between a homeowner and the contractor, the contractor shall be responsible to meet with Town officials and the aggrieved party prior to arbitration. If the dispute is not settled, the contractor may then proceed to arbitration.

(b) In the event of any dispute concerning any of the provisions of this contract, the dispute shall be submitted to a Board of Arbitration, consisting of one person selected by the contractor, one person selected by the Town, and one other person selected by the first two appointees. Every effort will be made to make a prompt determination of the dispute.

(c) This section does not apply to issues dealing with payment for services.

§ 927.07 Injunction powers.

[Ord. 1017, passed 11-27-1989]

The Municipality may petition the Court of Common Pleas of Allegheny County, Pennsylvania for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 927.08 Separability.

[Ord. 1017, passed 11-27-1989]

In the event that any section, paragraph, sentence, clause, or phrase of this article be declared unconstitutional or invalid for any reason, the remainder of such article shall not be invalidated by such action.

§ 927.99 Penalty.

[Ord. 1243, passed 4-23-2001]

Any person who has violated or permitted the violation of any provision of this Article shall be deemed guilty of a summary offense and shall be fined not more than $500, and pay any amount owed for hauler or private collector services, if applicable; plus all court costs, including reasonable attorney fees incurred by the Town or its hauler or private collector as a result thereof. Each day a violation is committed or is permitted to continue shall constitute a separate offense.