[Adopted 9-18-1990 as Ord. No. 1000; amended 2-4-1997 by Ord. No. 1091; 3-28-2016 by Ord. No. 1249]
As used in this article, the following terms shall have the
meanings indicated:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980), as amended.[1]
The Borough of Brentwood, County of Allegheny, Commonwealth
of Pennsylvania.
Any large item of waste that may require special handling
because of size, shape, or weight, including, but not limited to,
appliances, furniture, and carpet.
The removal of waste to an off-site dumping, deposition,
or incineration facility.
A reusable metal container with a capacity of at least one
cubic yard that is used for the storage of waste.
Any computer, television, mobile phone, or other electronic
device, or any component of the same, as outlined in the Covered Device
Recycling Act of 2010 (P.L. 1083, No. 108, November 23, 2010).[2]
Any perishable waste derived from the preparation or processing
of animal, grain, fruit, or vegetable material.
Any chemical, compound, mixture, substance, or article which
is designated by the United States Environmental Protection Agency
or Pennsylvania Department of Environmental Protection as hazardous.
Any parcel of real property utilized solely for residential
occupancy that contains four or more separate living units.
Any parcel of real property utilized, in whole or in part,
for a purpose other than residential occupancy.
A natural person, partnership, corporation, association,
institution, cooperative enterprise, trust, or other entity classified
as a person under Pennsylvania law.
Any person licensed by the Pennsylvania Department of Environmental
Protection or the Health Department of Allegheny County, Pennsylvania,
to transport and dispose of waste.
Garbage, rubbish, bulky waste, and yard waste generated at
a residential dwelling, multifamily dwelling, or nonresidential use.
Any parcel of real property utilized solely for residential
occupancy that contains no more than three separate living units.
A private waste collector authorized by the Borough to transport
and dispose of rubbish from residential dwellings.
Any nonperishable waste, including, but not limited to, cardboard,
cans, ceramics, cloth, glass, paper, and wood, but excluding bulky
waste.
The unauthorized removal of refuse placed for collection.
The temporary containment of waste on any real property for
a period between scheduled waste collection.
The removal of any waste at any time after its generation.
Garbage, rubbish, bulky waste, e-waste, hazardous waste,
and yard waste generated at a residential dwelling, multifamily dwelling,
or nonresidential use.
Leaves, grass clippings, shrubbery, and tree trimmings.
Except to the extent the activities described below are conducted
pursuant to the provisions of this article or of any rules or regulations
adopted pursuant to Act 97 or of any of the rules or regulations under
Article VIII of the Health Department of Allegheny County, Pennsylvania,
it shall be unlawful for any person to:
A.
Accumulate or permit the accumulation upon any property within the
Borough any waste.
B.
Burn any waste within the Borough.
C.
Dispose of any waste in the Borough.
D.
Transport any waste from any property in the Borough without first securing a license from the Pennsylvania Department of Environmental Protection to do so in accordance with Chapter 174 of the Borough Code.
E.
Scavenge any materials from any waste that is stored or placed for
collection within the Borough.
F.
Salvage or reclaim any waste within the Borough, except at a facility
licensed by the Pennsylvania Department of Environmental Protection
and granted occupancy for such use by the Borough.
A.
All waste shall be stored so as to prevent the attraction, harboring
or breeding of insects, rodents or vectors and to assure elimination
of conditions harmful to public health or which might create safety
hazards, odors, unsightliness or public nuisances.
B.
Any person storing waste shall comply with the following preparation
standards:
(1)
All waste shall be drained free of liquids before being placed in
storage containers.
(2)
All garbage shall be securely wrapped in paper, plastic, or similar
material and placed in properly tied and secured plastic bags.
(3)
All cans, bottles, or food containers shall be rinsed free of food
particles before being placed in storage containers.
(4)
Leaves and grass clippings shall be placed in properly tied and secured
plastic bags. Shrub and tree limbs shall be cut and tied into secure
bundles of not more than three feet in length, two feet in diameter,
and 40 pounds in weight. No single limb shall be more than three inches
in diameter.
(5)
Newspapers and magazines shall be placed in storage containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)
Carpets and carpet padding shall be placed in approved containers
or shall be cut into sections not exceeding four feet in length, rolled,
and securely tied. No single roll of carpet or carpet padding shall
be more than 40 pounds in weight.
(7)
The Borough may specify special preparation and storage procedures
to facilitate the collection and recovery of certain waste.
C.
All refuse shall be stored in containers approved by the Borough.
(1)
Any person receiving service at a residential dwelling shall adhere
to the following standards:
(a)
Reusable containers shall be constructed of durable, watertight,
rust-resistant and corrosion-resistant material, such as plastic,
metal or fiberglass, in such manner as to be leakproof, weatherproof,
insectproof, rodentproof and vectorproof.
(b)
Reusable containers shall be equipped with tight-fitting covers
and suitable lifting handles.
(c)
Reusable containers shall not have a capacity greater than 40
gallons and shall not have a loaded weight in excess of 40 pounds.
(d)
Refuse may be stored in plastic bags that are designed for waste
disposal. Plastic bags shall have sufficient wall strength to maintain
physical integrity when lifted, shall be securely tied, and shall
have a loaded weight not in excess of 40 pounds.
(2)
Any person receiving service at a multifamily dwelling or nonresidential
use shall store all waste in a dumpster with a tight-fitting cover,
except under the following circumstances:
(a)
The subject parcel contains a single unit that is occupied by a business and professional office or personal service establishment, as defined in Chapter 210 of the Borough Code.
(b)
The physical characteristics of the subject parcel make it impossible
to meet this requirement.
(c)
Any person exempted from the requirement to store all waste in a dumpster shall utilize reusable containers that meet the standards outlined in § 174-25C(1).
D.
Any person storing refuse for collection shall comply with the following
storage standards:
(1)
Reusable containers and dumpsters shall be maintained covered and
tightly sealed. Waste shall not protrude or extend above the top of
said reusable container or dumpster.
(2)
Reusable containers and dumpsters shall be kept in sanitary condition,
and the interior of such reusable containers and dumpsters shall be
cleaned, rinsed, and drained as often as necessary to prevent the
accumulation of liquid residues and solids on the bottom or sides
of such reusable containers and dumpsters.
(3)
Except when placed at the curbside for collection, all reusable containers
must be stored behind the front building line of the structure from
which the materials placed in said reusable container are generated.
(4)
Except when placed at the curbside for collection, no plastic bags
may be stored in any exterior premises.
(5)
Except when actively being serviced by a private waste collector,
all dumpsters must be stored in the rear of the structure from which
materials being placed in said dumpster are generated.
(6)
Except when placed at the curbside for collection, bulky waste shall
not be stored in any exterior premises. Doors must be removed from
all appliances.
(7)
Yard waste may not be stored in any exterior premises in excess of
seven days. Except when placed at the curbside for collection, yard
waste must be stored behind the front building line of the structure
from which the materials placed in said reusable container are generated.
(8)
When placed at the curbside for collection, reusable containers,
plastic bags, and bulky waste shall be located at a point specified
by the Borough.
(9)
Household hazardous waste and e-waste may not be stored in any exterior
premises.
E.
The type and size of any dumpster placed at a multifamily dwelling
or nonresidential use shall be determined by the person receiving
service and the private waste collector, subject to approval by the
Borough.
A.
The Borough shall provide for the collection of refuse from all residential
dwellings.
B.
All residential dwellings shall be serviced by the residential waste
collector provided by the Borough.
C.
All multifamily dwellings and nonresidential uses shall be serviced
by a private waste collector.
E.
Residential collection schedules shall be published at least once
per calendar year, including prior to any alteration of service.
F.
No refuse may be placed at the curbside prior to 5:00 p.m., prevailing
time, on the day prior to the designated collection day.
G.
Reusable containers must be removed from the curbside no later than
6:00 p.m., prevailing time, on the day of collection.
H.
Private waste collectors shall only perform collection activity on
Monday through Saturday between the hours of 6:00 a.m., prevailing
time, and 5:00 p.m., prevailing time, unless prior written approval
has been granted by Brentwood Borough Council. No collection activity
shall be permitted on Sunday.
All residential waste collectors and private waste collectors
shall comply with the following regulations:
A.
All waste collected in the Borough shall be disposed of at a facility
approved by the Health Department of Allegheny County, Pennsylvania,
in its Solid Waste Management Plan.
B.
Any vehicles used for the collection and transportation of waste
must comply with the requirements of Act 97 and any regulations adopted
by the Pennsylvania Department of Environmental Protection and the
Health Department of Allegheny County, Pennsylvania.
C.
All vehicles transporting waste shall be watertight and suitably
enclosed to prevent the leakage of waste, roadside littering, the
attraction of vectors, the creation of odors, and other nuisances.
D.
All waste shall be transported so as to prevent public health hazards.
E.
Any vehicles used for the collection and transportation of waste
shall be maintained in a clean and sanitary condition.
A.
Brentwood Borough Council shall, through the competitive bidding
process, award a contract to a residential waste collector for the
transportation and disposal of refuse from residential dwellings.
B.
The residential waste collector shall assess a service fee for the
transportation and disposal of refuse from residential dwellings.
Said residential waste collector shall, once per quarter, invoice
the owner of each residential dwelling. Under no circumstances shall
an invoice be issued in the name of a tenant.
C.
The residential waste collector shall provide for the collection
and processing of service fees.
D.
Any service fees or portions thereof that are not paid within 90
days of the due date listed on an issued invoice shall be collected
by the Borough.
E.
Once per quarter, the residential waste collector shall provide the
Borough with the physical location of any property for which a service
fee or portion thereof has not been paid within 90 days of the due
date listed on an issued invoice. The residential waste collector
shall additionally provide the name of the owner, the mailing address
of the owner, and the total balance that has not been paid.
F.
The private waste hauler shall be responsible for collecting any
fees associated with service at a multifamily dwelling or nonresidential
use.
A.
Any service fees or portions thereof not paid within 30 days of the
due date listed on an issued invoice shall be subject to a penalty
of $10.
B.
Any service fees or portions thereof not paid within 90 days of the
due date listed on an issued invoice shall be subject to any additional
penalty of $10.
C.
Upon receipt from the residential waste collector of the physical
address of any property for which a service fee or portion thereof
has not been paid within 90 days of the due date listed on an issued
invoice, the Borough shall issue to the owner via United States Mail
a final notice of delinquency.
D.
The owner of any property for which a final notice of delinquency
has been issued shall pay in full to the Borough the amount listed
on said notice within 14 days of issuance.
Any person who violates any provision of this article shall,
upon conviction thereof before a District Justice or other court,
be sentenced to pay a fine of not less than $500 and not more than
$1,000, plus the costs of prosecution. Each day of continuing violation
shall constitute a separate offense.
If the owner of any property does not satisfy in full the amount listed on a notice under § 174-27A or § 174-30C, the Borough reserves the right to issue a notice of intent to assess counsel fees in the form of a municipal lien, and, if payment is not received pursuant to this notice, shall file a municipal lien upon the property about which such notice was issued.
