[HISTORY: Adopted by the Borough Council
of the Borough of Franklin Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-11-1991 by Ord. No. 377-91 (Ch.
162 of the 1986 Code)]
The title of this article shall be the "Borough
of Franklin Park Recycling Ordinance," and the same may be cited in
that manner.
The following words and phrases, as used throughout
this article, shall have the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the Borough of Franklin
Park to collect recyclable materials from residences or authorized
by commercial, municipal and institutional establishments that do
not receive collection services from the Borough of Franklin Park
to collect recyclable materials from those properties.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
more than four dwelling units.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin food or beverage containers.
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.
All white paper, bond paper and computer paper used in commercial,
institutional 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.
Include but are not 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.
Properties having four or more dwelling units per structure.
A facility operated by the Borough of Franklin Park and other
governmental and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or office waste
or other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the 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[2] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air-pollution-control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other materials 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. Polyethylene
terephthalate (PET), used for pop bottles, and high-density polyethylene
(HDPE), used for milk jugs, may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Borough
of Franklin Park and can be separated from municipal waste and returned
to commerce to be reused as a resource in the development of useful
products and 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, foil
and/or food containers of other types which may be recycled, as required
by the Borough, and if the materials can be marketed by an amendment
to this article, together with any other items selected by the Borough
or specified in future revisions to Act 101.
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.
Any occupied single-family or multifamily dwellings having
up to four dwelling units per structure for which the Borough of Franklin
Park provides municipal waste collection service.
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.
A.
The Borough of Franklin Park, Allegheny County, Pennsylvania,
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 Borough
of Franklin Park for which waste collection is provided by the Borough
of Franklin Park or any other collector. Collection of the recyclable
materials shall be made at least once per month by the Borough of
Franklin Park, its independent contractor or any other solid waste
collectors operating in the Borough of Franklin Park and authorized
to collect recyclable materials from residences or from commercial,
municipal and institutional establishments. The recycling program
shall also contain a sustained public information and education program.
B.
Specific program regulations are provided as an attachment
to this article.[1] The Borough Council of the Borough of Franklin Park is
empowered to make changes to program regulations as necessary as hereinafter
described. Subsequent changes in the program regulations may be made
through the approval of the Borough Council of the Borough of Franklin
Park and public notice and notification to all affected parties.
[1]
Editor's Note: Recycling Rules and Regulations is included as an attachment to this chapter.
A.
Residential.
(1)
All persons who are residents of the Borough of Franklin
Park shall separate all of those recyclable materials designated by
the Borough from all other municipal waste produced at their homes,
apartments and other residential establishments; store such materials
for collection and shall place the same for collection in accordance
with the guidelines established hereto.
(a)
Persons in residences must separate recyclable
materials from other refuse. Recyclable materials shall be placed
at the curbside in containers provided by the Borough for collection.
Any containers provided to residents for collection of recyclable
materials shall be the property of the Borough and shall be used only
for the collection of recyclable materials. Any resident who moves
within or from the Borough shall be responsible for returning the
allocated container(s) to the Borough or shall pay the replacement
cost of said container(s). 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 article.
(b)
An owner, landlord or agent of an owner or landlord
of a multifamily rental housing property with more than four units
may comply with its recycling responsibilities by establishing a collection
system for each property. The collection system must include suitable
containers for collecting and sorting the recyclable materials, easily
accessible locations for the containers and written instructions to
the occupants concerning the use and availability of the collection
system. Owners, landlords and agents of owners or landlords who comply
with this article shall not be liable for noncompliance of occupants
of their buildings.
(2)
If recyclable materials are collected by a collector
other than the Borough of Franklin Park or its independent contractor,
owners, landlords and agents of owners or landlords shall submit an
annual report to the Borough of Franklin Park reporting the tonnage
of materials recycled during the previous year on or before the date
specified in the regulations.
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. If leaf waste is not composted
on site, it shall be placed in an approved biodegradable paper bag
or container and placed at the curb, where such bag shall be collected
by the Borough of Franklin Park once a week as set forth in the regulations.
C.
Commercial, municipal and institutional establishments.
(1)
Persons must separate high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials as may be designated
by the Borough of Franklin Park, generated at commercial, municipal
and institutional establishments and from community activities, and
store the recyclable materials until collection. A person may be exempted
from the provisions of this subsection upon submission of documentation
to the Borough of Franklin Park annually indicating that the designated
recyclable materials are being recycled in an appropriate manner.
(2)
If recyclable materials are collected by a collector
other than the Borough of Franklin Park or its designated independent
contractor, occupants of said establishments shall submit an annual
report to the Borough of Franklin Park reporting the tonnage of materials
recycled during the previous year on or before the date specified
in the regulations.
All recyclable materials placed by persons for collection by the Borough of Franklin Park or its independent contractor or to the authorized collector pursuant to this article shall, from the time of placement at the curb, become the property of the Borough of Franklin Park or its independent contractor or other authorized collector, except as otherwise provided by § 171-8 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 Borough of Franklin
Park or one authorized by the Borough of Franklin Park or the 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 Borough
of Franklin Park 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.
Any residence 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 Borough of Franklin Park or other entity
responsible for authorizing collection of recyclable materials to
make such a collection.
[Amended 6-24-1992 by Ord. No. 386-92]
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 source-separated
recyclable materials in landfills or to be burned in incinerators
is prohibited.
A.
The Borough Manager is hereby authorized and directed
to make reasonable rules and regulations for the operation and enforcement
of this article, as deemed necessary, including but 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 of materials
recycled.
(4)
Establishing procedures for distribution, monitoring
and collection of recyclable containers.
(5)
Establishing procedures and rules and regulations
for the collection of leaf waste.
B.
Any person, firm or corporation who shall violate
any of the provisions of this article shall receive an official written
warning of noncompliance for the first and second offenses. Thereafter
all such violations shall be subject to the penalties hereinafter
set forth.
C.
Except as hereinafter provided, any person, firm or
corporation who shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough, pay a judgment of not less than $100 nor
more than $600 plus costs, including reasonable attorneys' fees incurred
by the Borough. A separate offense shall arise for each day or portion
thereof in which a violation of this article is found to exist and
for each section of this article found to have been violated. The
Borough may also commence appropriate actions in equity or other to
prevent, restrain, correct, enjoin or abate violations of this article.
All penalties collected for violations of this article shall be paid
to the Borough Treasurer.[1]
D.
The Borough of Franklin Park reserves the right not
to collect municipal waste containing recyclable materials in combination
with nonrecyclable materials.
The Borough of Franklin Park may enter into
an agreement or agreements with public agencies or firms to authorize
them to collect all or part of the recyclable materials from curbside.
[Amended 6-24-1992 by Ord. No. 386-92]
The Borough Council of the Borough of Franklin
Park may, from time to time, modify, add to or remove from the standards
and regulations herein.
[Adopted 6-24-1992 by Ord. No. 385-92 (Ch.
121, Art. II, of the 1986 Code)]
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 DEMOLITION WASTE
COVERED DEVICE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL RECYCLING DUMPSTER
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
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 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.
Shall be the equivalent of "covered device" as defined in
the Covered Device Recycling Act (Act 108 of 2010), as amended from
time to time.[2]
[Added 3-20-2013 by Ord. No. 599-2013]
The Pennsylvania Department of Environmental Protection.
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 or vectors.
Any person, firm, copartnership, association or corporation
who or which has been authorized by the Borough or its designated
representative to collect, transport and dispose of refuse for a fee
as herein prescribed.[3]
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, schools and universities.
The Borough of Franklin Park, Allegheny County, Pennsylvania.
Any Borough-owned or -controlled container(s) or receptacle(s)
designated for the disposal of recyclable materials located on any
Borough-owned property, including, but not limited to, the Franklin
Park Municipal Building, 2344 West Ingomar Road, Pittsburgh, Pennsylvania
15237.
[Added 8-18-2021 by Ord. No. 663-2021]
Garbage, refuse, industrial lunchroom or office waste or
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 term does not include source-separated recyclable materials.
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.
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.[4] 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.
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 pumping 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.
Those materials separated at the point of origin for the
purpose of being recycled.
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 any 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 accumulate upon any public
or private property within the Borough any garbage, rubbish, bulky
waste or any other Borough or residual solid waste except in accordance
with the provision of this article, any Department rules and regulations
adopted pursuant to Act 97, and the Health Department Rules and Regulations,
Article VIII.[1]
[1]
Editor's Note: See the Allegheny County Health Department
Rules and Regulations, Art. VIII, Solid Waste and Recycling Management.
B.
Burn any solid waste within the Borough except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97, the Health Department Rules and Regulations, Article VIII, and Chapter 122, Fire Prevention.
[Amended 7-15-1998 by Ord. No. 459-98]
C.
Dispose of any solid waste in the Borough 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.
E.
Scavenge any materials from any solid waste that is
stored or deposited for collection within the Borough without prior
approval by the Borough.
F.
Salvage or reclaim any solid wastes within the Borough
except at an approved and permitted resource-recovery facility under
Act 97 and any Department rules and regulations 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, public or private property within the Borough
except as provided in this article.
H.
It shall be unlawful for any person to place in solid waste a covered
device or any of its components.
[Added 3-20-2013 by Ord. No. 599-2013]
I.
Dispose of waste in any municipal recycling dumpster or throw, place
or deposit recyclable materials on top of or on the ground surrounding
any municipal recycling dumpster.
[Added 8-18-2021 by Ord. No. 663-2021]
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 free of 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 Borough 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 Borough 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 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 container shall be thoroughly cleaned,
rinsed, drained and disinfected, as often as necessary, to prevent
the accumulation of liquid residues or solids on the bottoms 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 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 Borough or its designated
representative.
(5)
Containers shall be placed by the owner or customer
at a collection point specified by the Borough or its designated representative.
(6)
With the exception of pickup days when the containers
are placed out for collection, the container 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.
(8)
Containers for solid waste or recyclable materials shall be set out
at the collection point no earlier than 4:00 p.m. on the day preceding
the day designated for collection. The resident, occupant or person
in charge of the property from which solid waste or recyclable materials
have been collected shall remove or cause to be removed all emptied
storage containers from the collection point not later than 10:00
p.m. on the day of collection. No storage container may be placed
or maintained at the collection point except during the days and times
listed in this subsection.
[Added 3-20-2013 by Ord. No. 599-2013]
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
Borough.
A.
The Borough 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 Borough unless they can demonstrate
that they have made alternate arrangements that are consistent with
this article and approved by the Borough.
C.
All multifamily residential sources (with more than
four units), commercial, institutional and industrial establishments
shall negotiate and individually contract for collection service with
the Borough's collector or any other properly authorized waste hauler
of their choice.[1]
D.
All residential garbage and rubbish shall be collected
at least once a week. Bulky wastes shall be collected following prior
arrangement with the Borough'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 Borough reserves the right to require
more frequent collection when deemed necessary.
F.
Residential collection schedules shall be published
regularly by the Borough 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 or any exception has been granted by the Borough.
No collection, hauling or transporting of solid waste shall be permitted
on Sunday.
H.
All authorized haulers and haulers under contract
with the Borough shall comply with the following standards and regulations:[2]
(1)
All municipal waste collected within the Borough shall
ultimately be disposed only at a landfill cited in the Allegheny County
Solid Waste Plan 1990 or in 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 government body of the Borough shall be authorized
to make funds available, in accordance with the laws and procedures
of the Borough, 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 Borough
on any competitively bid residential collection service contract that
may be awarded by the Borough.
A.
All appeals shall be made, in writing, to the Council
of the Borough.
B.
Pending a reversal or modification, all decisions
of the Borough 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 Borough may appeal within 10 days after the Borough
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 Borough 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 Borough may petition the Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
[Amended 11-15-2017 by Ord. No. 638-2017; 8-18-2021 by Ord. No. 663-2021]
Any person, firm or corporation who shall violate
any provision of this article or fails to comply therewith or with
any of the requirements thereof, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $50 nor more than $1,000 plus costs, including reasonable attorneys'
fees incurred by the Borough, and, in default of payment of said fine
and costs, to a term of imprisonment to the extent permitted by law
for the punishment of summary offenses. A separate offense shall arise
for each day or portion thereof in which a violation of this article
is found to exist or for each section of this article found to have
been violated. The Borough may also commence appropriate actions in
equity or other to prevent, restrain, correct, enjoin or abate violations
of this article. All fines and penalties collected for violation of
this article shall be paid to the Borough Treasurer. The initial determination
of ordinance violation is hereby delegated to the Borough Manager,
the Police Department, the Borough Staff, the Borough Building Inspector/Zoning
Officer, the authorized designee of the Borough Manager and to any
other officer or agent that the Borough Manager or the Borough Council
shall deem appropriate.
