Borough of Wilkinsburg, PA Garbage, Rubbish and Refuse

DWELLING UNITA single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Condominiums and cooperatives are considered dwelling units.

SINGLE-FAMILYA detached building designed for, or occupied exclusively as, a residence by one family and containing not more than one dwelling unit.

MULTIFAMILYA building or buildings on one lot containing separate living quarters designed for occupancy by two to five families living independently of each other, and containing two to five dwelling units.

SEWAGE TREATMENT RESIDUES

APARTMENT BUILDINGA building or buildings on one lot containing separate living quarters designed for occupancy by six or more families living independently of each other, and containing six or more dwelling units.

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. "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.

[2]

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 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.

SOLID WASTE

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

STORAGE

The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one (1) 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 vehicle.

YARD WASTES

Grass and plant clippings, other inert materials, but not leaf wastes.

[1]

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

[2]

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

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

§ 222-15 Prohibited activities.

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 Article, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to burn any solid waste within the municipality 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.

It shall be unlawful for any person to dispose of any solid waste in the municipality 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.

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 this Article. Property owners who contract for hauling, transfer or collection are responsible for illegal dumping.

It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited or collected within the municipality without prior approval by the municipality. Property owners may be required to secure or protect solid waste containers to prevent scavenging.

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.

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 Article.

It shall be unlawful to place solid wastes out for collection any earlier than 6:00 p.m. of the day preceding scheduled collection. Dumpsters, at multifamily or commercial fixed locations may remain in place at approved locations.

Solid waste shall be stored in secure, reusable containers. Biodegradable plastic bags intended for waste disposal may be used as removable containers and liners in reusable containers and may be taken to the curb for collection after 6:00 p.m. the evening preceding collection. Plastic bags may be used as disposable containers for rubbish or yard wastes.

It shall be unlawful to allow reusable solid waste containers or recycling bins to remain at the curb following collection. Containers are to be promptly returned to their storage location no later than 9:00 p.m. of the collection day.

§ 222-16 Standards for storage of solid waste.

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. Reusable containers are to be stored out of view and, conditions permitting, at the rear or side of buildings.

All property owners shall provide a number of approved containers sufficient to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein.

Any person storing municipal waste for collection shall comply with the following preparation standards:

All municipal waste shall be drained of free liquids before being placed in storage containers.

All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

All cans, bottles or other food containers must be rinsed free of food particles and drained before being placed in storage containers.

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 (4) feet in length, not more than two (2) feet in diameter and not more than forty (40) pounds in weight.

Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than forty (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.

(7)

Hazardous materials and other materials excluded from allowable solid wastes accepted at landfills will not be collected and may not be put out for collection. Such materials include batteries, tires, paint, volatile and toxic liquids and appliances containing Freon. Appliances containing Freon from which the Freon has been removed by a certified appliance service person and appropriately tagged will be collected.

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:

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.

Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.

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.

All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.

Residential solid wastes are to be placed in authorized containers at the curb of the nearest thoroughfare unless otherwise specified.

Any person storing municipal waste for collection shall comply with the following storage standards:

Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container. All solid waste must be in the containers. No overflow or spillage is permitted.

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.

Containers shall be used and maintained so as to prevent public nuisances.

Containers that do not conform to the standards 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 municipality or its designated representative.

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 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.

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 municipality.

§ 222-17 Standards and regulations for collection.

[Amended 1-20-1993 by Ord. No. 2424; 11-29-1995 by Ord. No. 2510; 10-20-2010 by Ord. No. 2851]

The Borough shall provide for the collection of all approved garbage, rubbish and bulky wastes from single-family and multifamily residential establishments.

All single-family and multifamily residential establishments shall utilize the residential collection service provided by the Borough or its designated representative.

Contracting for service.

All apartment buildings, commercial, institutional and industrial establishments shall negotiate and individually contract collection service with a private properly licensed waste hauler of their choice.

Condominiums or cooperatives may contract collectively with a single waste hauler through their respective associations, or if no such arrangement is made, individual unit owners are responsible for negotiating separately for waste collection services.

All apartment buildings, condominium/cooperative associations or individual condominium/cooperative owners shall provide the Borough with verification of a valid contract for refuse collection by an approved hauler no later than December 1 of each year.

All residential garbage and rubbish shall be collected at least once a week. Bulky wastes from single-family and multifamily residential establishments shall be collected following prior arrangement with the Borough's waste collector and payment of any required special fees. Bulky wastes from apartment buildings shall be collected following prior arrangement with the property owner's waste collector.

All commercial, institutional and industrial 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.

All solid wastes must be contained in approved municipal waste containers fitted with secure lids. Any material overflowing from the containers constitutes a violation of this article and other ordinances and subjects the property owner to enforcement action and penalty. No municipal service fee discount that may otherwise be available to eligible apartment buildings will be afforded property owners in violation of this article.

Property owners must furnish approved municipal waste containers to tenants and replace containers as necessary.

All approved haulers shall comply with all applicable local, county, state and federal standards and regulations for the collection and transportation of municipal waste, including but not limited to the following:

All municipal wastes collected within the Borough shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan, 1990, as amended.

Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and its regulations, as amended, and must be licensed by the appropriate governmental agencies.

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.

Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.

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

(6)

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

§ 222-18 Collection and disposal charges.

[Amended 10-20-2010 by Ord. No. 2851]

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 for single-family and multifamily residential establishments and for borough properties, or for the contracting of such services to a private hauler or another municipal entity.

The Borough shall be responsible for the collection of any fees for solid waste collection and disposal from single-family and multifamily residential establishments. Approved private haulers shall be responsible for the collection of any collection and disposal fees from apartment buildings, commercial, institutional and industrial customers.

The Borough shall be authorized to contract with a private hauler or another municipal entity for the collection of solid waste from apartment buildings in the event the property owners fail to provide for waste collection services to those properties and to assess the property owner an administrative fee of $500 per occurrence plus actual costs of collection in addition to other penalties that may be imposed for violation of this article.

§ 222-19 Administrative appeals.

All appeals shall be made in writing to the governing body of the municipality.

Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.

Appeals may be made by the following persons:

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.