[HISTORY: Adopted by the Borough Council of the Borough of
Cheswick as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-26-1979 by Ord. No. 606]
The following terms shall have the following meanings when used
in this article, unless the context clearly indicates otherwise:
Any two people cohabitating together, either as man and wife
or as partners in a common living arrangement, plus any issue, parent,
brother, sister or grandparent of either of them actually residing
in the same residential unit. Said term also includes brothers and
sisters, their spouses, children, parents and grandparents actually
residing in the same residential unit.
All refuse and animals and vegetable matter which has been
used as food for man or beast, or which was intended to be so used,
and includes all condemned foods, as well as wastepaper. Said term
also includes excess fruit from trees on residential property, excluding
farms and orchards. Said term also includes all rags, broken glass,
crockery, bottles, tin cans, paper, grass cuttings, hedge clippings
and tree trimmings.
Includes any calendar month or part thereof.
Any individual, partnership, corporation, legal entity, trust,
joint venture or any natural or artificial person, including any entity
capable of owning or possessing real estate.
Any house, apartment, hotel room, boardinghouse unit or similar
place of occupancy occupied as living quarters by any individual or
family unit. In a boardinghouse, apartment house, housing complex,
hotel, multifamily house, duplex or the like, each room, apartment,
unit, condominium unit or the like separately occupied by any individual,
or single-family unit, shall be considered a separate residential
unit.
All newspapers, magazines, incinerator ashes, refuse from
paper burners, general household rubbish, ashes from household heating
plants and coal stoves, Christmas trees, roofing materials not to
exceed two bushels per year, per residential unit, but excluding refuse
caused by repair, alteration and new construction of buildings and
sidewalks and excluding broken concrete.
[Amended 4-21-1987 by Ord. No. 659]
Monthly charges to defray the cost and expense of collecting,
removing and disposing of garbage and rubbish in the Borough shall
be as set out in a schedule of fees to be adopted and amended from
time to time by resolution of the Borough Council.
It shall be the duty of each adult, family or individual occupant
or occupants of the residential units to which said charge or charges
apply to pay the same to the owner or owners of the real estate upon
which said unit or units are situate, or to the Borough directly.
It shall be the duty of said owner or owners of said real estate to
ascertain that said charge or charges have been paid to the Borough
directly, and in those cases where said charges have not been so paid,
it shall be the duty of said owner or owners to collect the same and
remit the same as hereinafter set forth. If said owner or owners shall
be unable to collect the same, it shall be the duty of said owner
or owners to pay the same for and on account of the person or persons
so failing to pay, this being due 30 days from notification. It is
one of the express determinations of the Borough that the collection
of garbage and rubbish is a benefit to all owners, as well as occupants
of real estate, from which said garbage and rubbish emanates.
It shall be the duty of the owner or owners of all real estate
in the Borough, within 30 days after receipt of a form provided for
that purpose by the Borough,[1] to advise said Borough of the exact names and addresses
of all individuals and families occupying any residential unit or
units on said real estate and, with regard to families, to list the
names of all adult members of said families. It shall likewise be
the duty of said owner or owners of said real estate to advise the
Borough of all changes in occupancy of all such residential units.
It shall likewise be the duty of said owner or owners of said real
estate to advise the Borough of the number of houses, rooms, apartments,
units or the like, located on the real estate capable of being used
as residential units, whether or not the same are so used.
[1]
Editor's Note: Said form is on file in the office of
the Borough Secretary.
The monthly charge shall be paid quarterly, as billed through
the water bill for a property.
If any person liable to pay, collect or remit any charge established pursuant to § 93-5 hereof shall fail to pay, collect or remit the same when due, the same may, at the option of the Borough, be collected by suit in assumpsit, or by the filing of a municipal claim against the real or personal property of any person liable for said payment, collection or remitting of the same, plus all penalties and costs as may be allowed by law, or by bringing any other legal or equitable action therefor.
[Amended 4-21-1987 by Ord. No. 659]
It shall be unlawful for any person, firm, corporation, or any other person defined in § 93-1 who is not a resident, landowner or operator of a commercial enterprise in the Borough of Cheswick, to deposit in the Borough of Cheswick any garbage or rubbish, as defined in § 93-1, to be collected, removed or disposed of by the Borough of Cheswick or its designated agent or agents.
[Amended 4-21-1987 by Ord. No. 659]
Any person, firm or corporation or any other person defined in § 93-1 who is a landowner or operator engaged in a commercial business within the Borough of Cheswick shall make provision for the weekly removal of garbage and rubbish from the premises of such person, firm or corporation.
The Borough is hereby authorized to designate a collection agent
to receive the charges levied hereunder, to fix the compensation of
said agent and to adopt, by motion, resolution or ordinance, rules
and regulations for the administration of this article not inconsistent
with the terms hereof.
The Borough's policy of collection of garbage, rubbish
and other material shall be set only by contract adopted by separate
resolution.
[Added 4-21-1987 by Ord.
No. 659; 5-17-1988 by Ord. No. 663-C]
Any person violating any of the provisions of this article shall
be punishable, upon conviction thereof, by a fine of not less than
$50 nor more than $600, and costs of prosecution, for each offense
or, upon default in payment of the fine and costs, by imprisonment
in the county jail for not more than 30 days.
[Adopted 10-18-1988 by Ord. No. 667-C]
This article shall be known and referred to as the "Solid Waste
Ordinance."
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
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meanings 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).[1]
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
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, forests
or other agricultural lands.
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.
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.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
such a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air or is discharged into
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 or which has been licensed by the municipality 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; and 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 establishments engaged in service, including but not
limited to hospitals, nursing homes, orphanages, schools and universities.
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 Borough of Cheswick, Allegheny County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and 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.[2] 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.[3]
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.
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.
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.
It shall be unlawful for any person to:
A.
Accumulate or permit to be accumulated 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.
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.
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.
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.
Scavenge any materials from any solid waste that is stored or deposited
for collection within the municipality without prior approval by the
municipality.
F.
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 regulation adopted pursuant to Act
97.
G.
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 or public or private property within the municipality
except as provided in this article.
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 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.
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 garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles. Bundles shall be not
more than four feet in length, not more than two feet in diameter
and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)
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 constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, in such a manner as to be leakproof, weatherproof, insect-proof
and rodent-proof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
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.
(4)
Disposable plastic bags or sacks are acceptable containers, provided
that the bags are designated for waste disposal. Plastic 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 30 gallons and a loaded
weight of not more than 35 pounds.
(5)
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
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.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
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 municipality or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the municipality or its designated representative.
(6)
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.
(7)
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.
F.
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 the
waste hauler and are subject to approval by the municipality.
[Amended 3-17-1992 by Ord. No. 685-C]
A.
The municipality shall provide for the collection of all garbage,
rubbish and bulky wastes from individual residences and multifamily
residential sources with fewer than four units, or it may contract
with a private collector or collectors to provide this essential residential
collection service.
B.
All households and homeowners shall utilize the residential collection
service provided by the municipality unless they can demonstrate that
they have made alternative arrangements that are consistent with this
article and approved by the municipality.
C.
All multifamily residential sources (with more than four units),
commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the municipality's
collector or any other properly licensed waste hauler of their choice.
D.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the municipality's collector and payment of any required
special fees.
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 solid waste collection activity shall be conducted from Monday
through Friday between the hours of 7:00 a.m. and 6:00 p.m. or on
Saturdays between the hours of 7:00 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 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)
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.
The governing body of the municipality shall be authorized to make
funds available, in accordance with the laws and procedures of the
municipality, for the establishment, maintenance and operation of
a municipal solid waste collection and disposal system, or for the
contracting of such service to a private collector.
B.
Annual fee schedules shall be published by the municipality based
on any competitively bid residential collection service contract that
may be awarded by the municipality.
C.
The municipality shall be responsible for the collection of any fees
for solid waste collection and disposal from residential customers.
Licensed haulers shall be responsible for the collection of any collection
and disposal fees from commercial, institutional and industrial customers.
A.
All appeals shall be made, in writing, to the governing body of the
municipality.
B.
Pending a reversal or modification, all decisions of the municipality
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation issued
by the municipality may appeal within 10 days after the municipality
gives notice of its intention to issue the new standard or regulation.
D.
The notice of appeal shall be served in writing and sent by certified
mail with return receipt requested. Within 20 days after receipt of
the notice of appeal, the municipality shall hold a public hearing.
Notice of the hearing shall be sent to both 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.
The municipality may petition the Court of Common Pleas of Allegheny
County for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
Any person who violates any provisions of this article shall,
upon conviction, be guilty of a misdemeanor which is punishable by
a fine of not less than $50 nor more than $600 or, 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.
