[Ord. 1017, passed 11-27-1989; Ord. 1398]
(a)
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980.)
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.
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.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
The Pennsylvania Department of Environmental Resources (DER).
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
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.
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.
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:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, day care centers, schools
and universities.
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.
The Town of McCandless, Allegheny County, Pennsylvania.
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.
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.
All solid waste materials which are discarded as useless.
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".
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.
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.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
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.
[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.
(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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.