[Adopted 3-21-2023 by Ord. No. 1409]
The short title of this article shall be the "Township of O'Hara
Solid Waste Ordinance," and the same may be cited in that manner.
Township of O'Hara Ordinance No. 1268 is hereby repealed
in its entirety.
The following words and phrases used throughout this article
shall have the following meanings:
ACT or ACT 97
The Pennsylvania Solid Waste Act of 1980 (P.L. 380, No. 97
of July 7, 1980) as amended.
AGRICULTURAL WASTE
Poultry and livestock manure, or residual materials in liquid
or solid form, generated in the production and/or 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/or marketing of all agronomic,
horticultural, silvicultural, 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. Manure from Township-permitted chicken coops and/or runs in
residential zones that is properly disposed of in the municipal waste
stream is not considered agricultural waste.
BACKYARD COLLECTION
The collection of municipal solid waste from residential
properties at a location other than curbside.
BAG
Plastic sack designed for municipal waste with sufficient
wall strength to maintain physical integrity when lifted by the top
with a capacity not to exceed 40 gallons and a loaded weight not to
exceed 50 pounds.
BRUSH
Material resulting from landscaping or trees, such as leaves,
limbs or twigs from trees, or cuttings from trees, shrubbery, hedges
and similar matter.
BULKY WASTE
Large waste items including, but not limited to, appliances,
furniture, and similar items, but does not include automobile parts,
excessive construction and demolition waste, stones, rocks, and similar
items.
COLLECTION CONTAINER
A receptacle provided by the Township's Collector used
for the temporary storage of solid waste while awaiting collection.
COLLECTOR
The entity or entities authorized by the Township to collect
solid waste from residences, or authorized by multifamily rental housing
properties, or by commercial and institutional establishments that
do not receive collection services from the Township to collect solid
waste from those establishments.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial and industrial
purposes, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, theaters, factories, foundries, mills,
processing plants, refineries, mines, and slaughterhouses.
COMMINGLED
Recyclable glass, aluminum, metal cans, plastics and papers
mixed together or combined into one container.
CONSTRUCTION AND DEMOLITION WASTE
All waste building materials, grubbing waste, and rubble
resulting from construction, remodeling, repair, and demolition operations
on houses, commercial buildings, and other structures and pavements.
COUNCIL
The Council of the Township of O'Hara.
CURB COLLECTION
From any structure, a point at the side of a public roadway
abutting the property or from a structure abutting a private roadway,
a point at the side of the private roadway, provided the property
owner has issued a waiver for collection vehicles to travel along
the roadway for collection.
DEPARTMENT
The Pennsylvania Department of Environmental Resources and
its authorized representatives.
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 into
the waters of the Commonwealth of Pennsylvania.
GARBAGE
Any solid waste derived from animal, grain, fruit, or vegetable
which is capable of being decomposed by microorganisms with sufficient
rapidity to cause such nuisances as odors, gases, or vectors. This
does not include sewage or sewage sludge or human excrement.
HAZARDOUS WASTE
Waste designated as "hazardous" by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
INSTITUTIONAL
Any establishment engaged in service, including educational,
health care, correctional, and like facilities.
LICENSED HAULER
A person who has obtained a license from the Commonwealth
of Pennsylvania and/or from Allegheny County or its designee. Said
licenses will be issued under the Waste Transportation Safety Act
(Pennsylvania Act 90), 27 Pa.C.S.A. § 6201 et seq., and
the Municipal Waste Planning, Recycling, and Waste Reduction Act (Pennsylvania
Act 101), 53 P.S. § 4000.101 et seq., authorizing said person
to collect, transport, and/or dispose of municipal solid waste, recyclable
materials and bulk waste from residential, commercial, industrial,
and institutional establishments.
MULTIFAMILY RENTAL HOUSING PROPERTIES
Any properties having four or more dwelling units per structure
that are not primarily composed of individually owned units. Examples
of such are rental apartments and townhouses.
MUNICIPAL WASTE
Garbage, refuse, rubbish, 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 the Solid Waste Management Act 97 of 1980, P.L. 380, as amended, from a municipal, commercial, or
institutional water supply treatment plant, wastewater treatment plant,
or air pollution control facility.
PERSON(S)
Any individual, partnership, corporation, association, institution,
cooperative enterprise, 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.
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
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish or a combination thereof.
RESIDENCES
Any occupied single-family dwellings, or multifamily dwellings
that are primarily composed of individually owned units, for which
the Township provides municipal waste collection service.
RESIDUAL WASTE
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," Act 52 of 1968, P.L. 1040, No. 318, P.S. § 30.51
et seq. Residual waste shall not include treatment sludge 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," Act 394 of 1937, P.L. 1987, 35 P.S. § 691.1
et seq.
RUBBISH
All nonputrescible municipal waste and bulky waste.
SCAVENGING
The unauthorized removal of solid waste placed for collection
or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any course screening, grit, and dewatered or air-dried sludges
from sewage treatment plants and pumping from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97, as amended.
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 three calendar
months constitutes disposal.
STREET
Any public or private road capable of accommodating the passage
of solid waste collection vehicles.
TOWNSHIP
The Township of O'Hara, Allegheny County, Pennsylvania.
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.
All appeals from the provisions contained in this article shall
be made to the Township Manager in writing.
The Township may petition the appropriate court for an injunction,
either mandatory or prohibitive, to enforce any of the provisions
of this article.
Any person who violates any provision of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge 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 costs of prosecution. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense.
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 this article shall not be invalidated
by such action.
Any ordinances or any part of any ordinance which conflict with
this article are hereby repealed insofar as the same affects this
article.
This article shall take effect immediately.
[Adopted 6-11-2013 by Ord. No. 1269]
The short title of this article shall be the "Township of O'Hara
Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article
shall have the following meanings:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, as amended.
ALUMINUM
Empty all-aluminum beverage or food cans.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and
aluminum (i.e., commonly referred to as "tin" cans).
COLLECTOR
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by multifamily
housing properties, or by commercial, municipal and institutional
establishments that do not receive collection services from the Township
to collect recyclable materials from those establishments.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
CORRUGATED PAPER
Structural paper materials with an inner core shaped in rigid
parallel furrows and ridges.
COUNCIL
The Council of the Township of O'Hara.
GLASS CONTAINERS
Empty 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.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
INSTITUTIONAL
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
LEAD ACID BATTERIES
Includes but not limited to automotive, truck and industrial
batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
MULTIFAMILY RENTAL HOUSING PROPERTIES
Any properties having four or more dwelling units per structure
which are not primarily composed of individually owned units. Examples
of such are rental apartments and townhouses.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous materials,
resulting from the operation of all residential, municipal, commercial
or institutional establishments and from community activities and
any sludge not meeting the definition of residual or hazardous waste
in the Solid Waste Management Act from a municipal, commercial or institutional water supply
treatment plan, wastewater treatment plant or air pollution control
facility. The term does not include commingled recyclable materials.
NEWSPAPERS
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. Expressly
excluded are newspapers which have been soiled.
PERSON(S)
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
PLASTIC BAGS
Any container used for carrying, storing or disposing of
groceries, wearing apparel, other retail/wholesale purchased items.
RECYCLABLE MATERIALS
Materials generated by residences, multifamily housing properties,
and commercial, municipal and institutional establishments which are
specified by the Township and 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, metal food and beverage cans, empty aerosol
cans, clean aluminum foil and foil products, plastic bags (bundled),
plastic containers No. 1 through No. 7, plastic milk cartons, plastic
beverage bottles, bleach detergent, household cleaner bottles, yogurt
cups, cottage cheese and ricotta cheese containers, margarine tubs,
shampoo and body wash bottles, glass beverage bottles and food jars
(clear, brown, amber and green), paperboard (cereal boxes, tissue
boxes, empty paper towel and toilet paper rolls), white office/computer
paper, magazines, newspapers, advertising inserts, junk mail and envelopes,
catalogs, phone books, paperback books, hardback books with covers
removed, coupons, receipts, paper bags and shopping bags (with handles
removed), corrugated paper (fluted corrugated sheet and one or two
flat linerboards, i.e., cardboard, shipping boxes), and any other
items selected by the Township or specified in future revisions to
Act 101. The recyclable materials selected by the Township may be
revised from time to time as deemed necessary by the Township Manager.
RECYCLING
The collection, separation, recovery and sale or use of metals,
glass, paper, leaf waste, plastics and other materials which would
otherwise be disposed or processed as municipal waste or the mechanized
separation and treatment of municipal waste (other than through combustion)
and creation and recovery of reusable materials.
RESIDENCES
Any occupied single-family dwellings, or multifamily dwellings
that are primarily composed of individually owned units or have less
than four rental units per structure, for which the Township provides
municipal waste collection service.
SUPER MIX PAPER
An unseparated mix of all recyclable grades and types of
paper items used in offices for which one unit price is offered by
a recycling broker or market.
TOWNSHIP
The Township of O'Hara, Allegheny County, Pennsylvania.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the PA Department of Environmental Protection
for beneficial use.
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this article. Persons
may not discard or otherwise dispose of a lead acid battery except
by delivery to an automotive battery dealer or wholesaler, to a secondary
lead smelter permitted by the Environmental Protection Agency, or
to a collection or recycling facility authorized under the laws of
the Commonwealth of Pennsylvania.
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this article shall from time of placement at the curb become the property of the Township or the authorized collector, except as otherwise provided by §
380-17 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the Township or one authorized by the Township or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences, multifamily rental housing properties, or by commercial, municipal and institutional establishments for collection by the Township or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided for in §
380-19C.
Any residential or commercial, municipal or institutional establishment
may donate or sell recyclable materials to any person, firm or corporation,
whether operating for profit or not, provided that the receiving person,
firm or corporation shall not collect such donated recyclable materials
from the collection point of a residence or commercial, municipal
or institutional establishment without prior written permission from
the Township or other entity responsible for authorizing collection
of recyclable materials to make such a collection.
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this article. The collected recyclable
materials shall be taken to a recycling facility. Disposal by collectors
or operators of recycling facilities of commingled recyclable materials
in landfills or the burning of such materials in incinerators is prohibited.
The Township may enter into (an) agreement(s) with public or
private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.
The Township Manager may, from time to time, modify, add to or delete from the regulations as authorized in §
380-19.