This chapter shall be known and referred to as the "Solid Waste Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 4-1-1992 by Ord. No. 236. Amendments noted where applicable.]
[Amended 3-9-1994 by Ord. No. 257; 10-5-1994 by Ord. No. 263; 8-5-2002 by Ord. No. 339]
A. ACT 101 ALUMINUM BIMETAL CONTAINERS BOARD OF SUPERVISORS BULKY WASTE COLLECTOR COMMUNITY ACTIVITIES COMMERCIAL ESTABLISHMENTS CONSTRUCTION DEMOLITION WASTE CORRUGATED PAPER DEPARTMENT DOMESTIC WASTE or HOUSEHOLD WASTE FERROUS CONTAINERS GARBAGE GLASS CONTAINERS HAULER or PRIVATE COLLECTOR HAZARDOUS MATERIAL, SUBSTANCE OR WASTE HIGH-GRADE OFFICE PAPER INSTITUTIONAL ESTABLISHMENTS LEAD-ACID BATTERIES LEAF WASTE MAGAZINES and PERIODICALS MULTI-FAMILY HOUSING PROPERTIES MUNICIPAL ESTABLISHMENTS MUNICIPAL WASTE MUNICIPALITY NEWSPAPERS PERSON(S) PLASTIC CONTAINERS RECYCLABLE MATERIALS RECYCLING REFUSE RESIDENCE RUBBISH SCAVENGING SEWAGE TREATMENT RESIDUES SOURCE SEPARATED RECYCLABLE MATERIAL WASTE
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Municipal waste Planning, Recycling and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq.
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and aluminum.
The elected officials in Marshall Township acting jointly.
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.
The entity or entities authorized by the Township to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
Events that are sponsored by the 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.
Those properties used primarily for commercial or industrial purpose, and those multiple dwelling residential buildings containing more than four dwelling units.
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.
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
The Pennsylvania Department of Environmental Protection.
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
Empty steel-or tin-coated food or beverage containers.
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.
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.
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 Solid Waste Management 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. These shall include but not be limited to explosives, PCB's, petroleum products or gases, poisons, etiologic agents, flammables, corrosives, gases under high pressure, acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products (except in motor vehicles and equipment), phosphorous, potassium, sodium, sulfur products and pesticides (including insecticides, fungicides and rodenticides) and any other products or materials listed in the Hazardous Substances List of the Pennsylvania Department of Labor and Industry.
All white paper, bond paper and computer paper used in commercial, industrial and municipal establishments and in residences.
Those facilities that house or serve groups of people including, but not limited to, hospitals, nursing homes, orphanages, day care centers, schools and universities.
Includes, but shall not be limited to, automotive, truck and industrial batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
Properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material, including solid, liquid, semi-solid 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 in the Solid Waste Management Act from the municipal, commercial or institutional water supply treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
The Township of Marshall, Allegheny County, Pennsylvania.
Paper of the type commonly referred to as "newsprint" (i.e. black and white) 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, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
Owners, lessees and occupants of residences and commercial, municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide variety of types of plastic, the municipality may stipulate types of plastic which may be recycled.
Materials generated by residences and commercial, municipal an institutional establishments which are specified by the municipality 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, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items selected by the municipality or specified in future revisions to Act 101. The "recyclable materials" selected by the municipality may be revised from time to time as deemed necessary by the municipality.
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed of 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.
All solid waste materials which are discarded as useless.
Any occupied single-or multifamily dwelling having up to four dwelling units per structure.
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.
Those materials separated at the point of origin for the purpose of being recycled.
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 materials approved by the Pennsylvania Department of Environmental Protection for beneficial use.
B.
In this Chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
[Amended 10-5-1994 by Ord. No. 263]
A.
It shall be unlawful for any person to 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 Chapter and Department rules and regulations adopted pursuant to act 97 and the Health Department Rules and Regulations, Article VIII.
B.
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with the provisions of this Chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
C.
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this Chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
D.
It shall be unlawful for any person to 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 applicable law.
E.
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the municipality without prior approval by the municipality.
F.
It shall be unlawful for any person to 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.
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 municipality except as provided in this Chapter.
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 preparations 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, insectproof and rodentproof.
(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 standard of this Chapter 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 of 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 Chapter. 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.
A.
The municipality shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multi-family residential sources with fewer than four units, or it may license 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 alternate arrangements that are consistent with this Chapter and approved by the municipality.
C.
All multi-family 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 hauler.
G.
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 7:00 a.m. and 7:00 p.m. or on Saturdays between the hours of 7:00 a.m. and 7:00 p.m. unless prior approval or 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 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 non-putrescible 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.
(7)
The municipality shall on a semiannual basis compare the Township's mailing list of residents against records of the licensed collectors to determine whether all residents are in compliance. Those not identified as being in compliance by such process shall be individually contacted to provide proof of having taken appropriate measures to safely dispose of solid waste.
[Amended 8-5-2002 by Ord. No. 339]
A.
The Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Township for which waste collection is provided by the Township or any other collector.
B.
The elements of the Township's recycling program shall include:
(1)
Separation of recyclable materials by residences, storage and collection.
(2)
Separation of recyclable materials by commercial, municipal and institutional establishments and community activities, storage and collection.
(3)
Separation of recyclable materials by multi-family housing properties, storage and collection.
(4)
Separation, collection and composting of leaf waste.
(5)
A sustained public information and education program.
[Amended 8-5-2002 by Ord. No. 339]
A.
All persons who are residents of the Township or who own, lease, control or act as agents regarding any real estate within the Township shall separate all of those recyclable materials designated by the Township from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection; and shall place same for collection in accordance with the guidelines established hereunder.
(1)
Persons in residences must separate recyclable materials from other ordinary municipal waste. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection and transport to a recycling facility. Any containers provided to residences for collection of recyclable materials shall be used for storage of recyclable materials.
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 container(s) shall be a violation of this part.
(2)
An owner, landlord, or agent of any owner or landlord of a multi-family rental housing property with more than four units and commercial, municipal and institutional establishments must comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include: a) suitable containers for storing and sorting the recyclable materials, b) easily accessible locations for the containers, and c) written instruction to the occupants concerning the use and availability of the collection system. If recyclable materials are collected by a collector other than the Township or its authorized agent, then the owners, landlords and the agents of owner or landlords shall submit an annual report to the Township indicating the tonnage of materials recycled during the previous year.
B.
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste. Persons are expressly prohibited from placing leaf waste for disposal with ordinary household waste.
C.
Persons must separate high grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Township generated by commercial, municipal and institutional establishment and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection if that person submits documentation to the Township annually indicating that the designated recyclable materials are being recycled in an appropriate manner. If recyclable materials are collected by a collector other than the Township or its authorized agent, occupants of said establishments shall submit an annual report to the Township reporting the tonnage of materials recycled during the previous year.
[Added 3-9-1994 by Ord. No. 257]
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this Chapter shall, from the time of placement at the curb, become the property of the municipality or the authorized collector. Nothing in this Chapter 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.
[Amended 8-5-2002 by Ord. No. 339]
Disposal by persons of lead acid batteries with other municipal waste is prohibited and shall be a violation of this Chapter.
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 (if appropriate) shall be published by the municipality on any competitively bid residential collection service contract that may be awarded by the municipality.
C.
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.
[Amended 8-5-2002 by Ord. No. 339]
It shall be a violation of this Part for any person, firm or corporation, other than the Township or one authorized by the Board of Supervisors or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or 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.
[Amended 8-5-2002 by Ord. No. 339]
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any persons, 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 Board of Supervisors or other entity responsible for authorizing collection of recyclable materials to make such a collection.
[Amended 8-5-2002 by Ord. No. 339]
Disposal by persons of recyclable materials with ordinary municipal wastes is prohibited and shall be a violation of this Part. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Board of Supervisors or their designee in writing.
[Amended 8-5-2002 by Ord. No. 339]
A.
The rules and regulations for the operation and enforcement of this Chapter as deemed necessary, and as adopted by resolution of the Board of Supervisors are, but are not limited to:
(1)
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.
(2)
Establishing collection procedures for recyclable materials.
(3)
Establishing reporting procedures for amounts or materials recycled.
(4)
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5)
Establishing procedures and notes for the collection of leaf waste.
B.
Any persons, firm or corporation who shall violate the provisions of this Part shall receive an official written warning of non-compliance for the first and second offense. Therefore, all such violation shall be subject to the penalties hereinafter provided.
C.
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this Chapter shall, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $600, and costs of prosecution for such and every offense.
D.
The Township reserves the right not to collect municipal waste containing recyclable materials in combination with non-recyclable materials.
Franchise or license. 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.
[Amended 8-5-2002 by Ord. No. 339]
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.
[Amended 8-5-2002 by Ord. No. 339]
The municipality may petition the court for an injunction either mandatory or prohibitive, to enforce any of the provisions of the chapter.