Borough of Baldwin, PA Solid Waste

The following words and phrases as used in this chapter shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:

ACT or ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

AGRICULTURAL WASTE

Poultry and livestock manure or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided that such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forest or other agricultural lands.

BOROUGH

The Borough of Baldwin.

BULKY WASTE

Large items of solid waste, including but not limited to appliances, furniture, trees, branches or stumps which may require special handling due to their size, shape or weight.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.

CONSTRUCTION DEMOLITION WASTE

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.

COUNCIL

The Borough Council of the Borough of Baldwin.

DEPARTMENT

The Pennsylvania Department of Environmental Resources.[2]

DISPOSAL

The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner such 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.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

GARBAGE

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.

HAULER or PRIVATE COLLECTOR

Any person, firm, copartnership, association or corporation which has been licensed by the Borough or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.

HAZARDOUS WASTE

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:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.

MUNICIPAL WASTE

Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

PERSON

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 chapter 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

All solid waste materials which are discarded as useless.

RESIDUAL WASTE

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.[3] "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.[4]

RUBBISH

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.

SCAVENGING

The unauthorized and uncontrolled removal of materials placed for collection or from solid waste processing or disposal facility.

SECRETARY

The Secretary of the Borough of Baldwin.

SEWAGE TREATMENT RESIDUES

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.

SOLID WASTE

Any waste, including but not limited to municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

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 one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

TRANSFER STATION

Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: This department was split into two and reorganized by Act 1995-18. Now the Department of Environmental Protection, 71 P.S. § 510-1, or Department of Conservation and Natural Resources, 71 P.S. § 1340.301 et seq. For purposes of this chapter, reference is to the DEP.

[3]

Editor's Note: See 52 P.S. § 30.51 et seq.

[4]

Editor's Note: See 35 P.S. § 691.1 et seq.

In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 136-3 Prohibitions.

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough any garbage, rubbish, bulky waste or any other municipal or residual solid waste, including agricultural waste, domestic waste and hazardous waste, except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and rules and regulations of the Department of Health of the State of Pennsylvania and the County of Allegheny.

It shall be unlawful for any person to burn any solid waste or other wastes enumerated in § 136-3A hereof within the Borough except in accordance with the provisions of this chapter, any department rules and regulations adopted pursuant to Act 97 and rules and regulations of the Department of Health of the State of Pennsylvania and the County of Allegheny.

It shall be unlawful for any person to dispose of any solid waste or other wastes enumerated in § 136-3A hereof in the Borough except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and the rules and regulations of the Department of Health of the State of Pennsylvania and the County of Allegheny.

It shall be unlawful for any person to haul, transport, collect or remove any solid waste or other wastes enumerated in § 136-3A hereof from public or private property within the Borough without first securing a license to do so in accordance with the provisions of this chapter.

It shall be unlawful for any person to scavenge any materials from any solid waste or other wastes enumerated in § 136-3A hereof that are stored or deposited for collection within the Borough.

It shall be unlawful for any person to salvage or reclaim any solid wastes or other wastes enumerated in § 136-3A hereof within the Borough except at an approved and permitted resource-recovery facility under Act 97.

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 or other wastes enumerated in § 136-3A hereof in or upon any street, alley, sidewalk, body of water, public or private property within the Borough except as provided in this chapter.

§ 136-4 Storage.

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.

Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regulatory scheduled collections and shall place and store all waste materials therein.

Any person storing municipal waste for collection shall comply with the following preparations 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 in accordance with Ordinance No. 619, adopted contemporaneously herewith.[1]

[1]

Editor's Note: See Ch. 132, Recycling.

(4)

Subject to Ordinance No. 619, 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 three feet in length, not more than two feet in diameter and not more than 40 pounds in weight. No single piece shall be more than three inches in diameter.

(5)

Subject to Ordinance No. 619, 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.

(7)

Carpet and/or carpet padding shall be placed in an approved closed container or must be cut in lengths not exceeding eight feet and securely tied. No single piece shall be more than 40 pounds in weight.

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 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 30 gallons and a loaded weight of not more than 40 pounds and shall be limited to three such containers per residence.

(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.

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 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 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, 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. Doors must be removed from appliances.

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 Borough.

§ 136-5 Collection.

The Borough shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences. Multifamily residential owners shall contract with a private collector or collectors to provide this essential residential collection service.

All single-family residences shall utilize the residential collection service provided by the Borough.

All commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler of their choice.

All residential garbage and rubbish shall be collected at least once a week.

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.

Residential collection schedules shall be published, as deemed necessary, by the Borough or its contracted hauler.

Placement of container(s) at curbside may be no earlier than 5:00 p.m. on the day prior to the designated collection day and must be removed from curbside to the storage place no later than 6:00 p.m. on the day of collection.

All waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 5:00 p.m. or on Saturdays between the hours of 6:00 a.m. and 5:00 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.

All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:

(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, the attraction of vectors, the creation of odors and other nuisances.

(4)

All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

(5)

All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 136-6 Charges.

The Council 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.

Annual costs shall be made available by the Borough on any competitively bid residential collection service contract that may be awarded by the Borough.

The Borough shall be responsible for the payment of any fees for solid waste collection and disposal for residential customers receiving standard contracted service.

The Borough's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for private arrangement or private contract solid waste collection and disposal services provided to any individual, residential, commercial, institutional or industrial source within the Borough.

§ 136-7 Enforcement.

The Borough may petition the appropriate court for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.

§ 136-8 Violations and penalties.

[Amended 5-17-1993 by Ord. No. 657]

Any person who violates any provision of this chapter shall, upon conviction, be guilty of a misdemeanor which is punishable by a fine of not less than $300 nor more than $1,000 or, in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered a separate and distinct offense.

In the alternative, any person who violates any provision of this chapter shall be cited before the District Magistrate for a summary offense and, upon conviction thereof, shall be fined for a sum of not less than $100 nor more than $500 and, in default of the payment of such fine, shall be imprisoned for a period of not more than 30 days. Each day of violation shall be considered a separate and distinct offense.