These regulations are promulgated under the powers granted to counties by the Local Health Administration Law, Act 315, P.L. 1304, adopted August 24, 1951, as amended; the Second Class County Code Act of July 28, 1953, P.L. 723, as amended; the Solid Waste Management Act of July 7, 1980, P.L. 380, No. 97, as amended; and the Municipal Waste Planning, Recycling and Waste Reduction Act of July 28, 1988, P.L. 556, No. 101, as amended.
This chapter provides regulations for establishing minimum standards for the regulation of the collection, processing, storage, and disposal of solid waste and recyclable material essential to prevent public health hazards in Allegheny County, establishing minimum standards governing the condition and maintenance of recycling facilities, solid waste processing, storage, and disposal facilities, solid waste collection and transportation vehicles and other equipment; fixing certain responsibilities and duties of owners, operators, and others in control of the processing, storage, and disposal of solid waste material and recyclable materials; issuing permits for persons engaged in the processing, transportation, and disposal of solid waste material and the processing and transportation of recycling materials; authorizing the inspection of all vehicles, equipment, and facilities; and providing notices, hearings, and penalties.
It is hereby declared that the inadequate provision for the management of solid waste systems and recycling systems endangers the public health by causing or contributing to pollution of the air, water, and land, and provides a breeding place for insects and animal pests and that the establishment and maintenance of proper solid waste management standards and cooperation with other agencies to control this problem are essential to the public health, safety and welfare.
The provisions of this chapter shall become effective on March 1, 1994.
The following words and phrases, whenever used in this chapter, have the meaning indicated in this section, except where the context indicates a clearly different meaning:
ACCESS ROAD
A roadway or course providing vehicular access to a solid waste management processing, transfer, or disposal facility, or recycling facility or areas within the facility, from a road that is under federal, commonwealth or local control.
ARTICLE
Allegheny County Health Department Rules and Regulations Article VIII, "Solid Waste And Recycling Management".
ARTICLE XX
Allegheny County Health Department Rules and Regulations Article XX, "Air Pollution Control."
CLEAN FILL
Uncontaminated, non-water-soluble, non-decomposable, inert solid material used to level an area or bring an area to grade in a controlled manner, but not including materials placed into or on any waters of the commonwealth. Clean fill includes the following, if they are separated from other wastes at the point of generation:
A.
Uncontaminated soil, rock, stone, gravel, brick and block, and concrete which is free of all exposed metal.
B.
Waste from on-site land clearing, grubbing and excavation, including trees, brush, stumps, and vegetative material.
COMPACTOR
Any power-driven, mechanical device that reduces the volume of solid waste by compression and crushing. The term does not include single-family in-home compactors.
COMPACTOR VEHICLE
A truck-mounted solid waste compactor, which comprises an engine-powered truck cab and chassis or trailer, equipped with a compactor body and associated machinery for receiving, compacting, transporting and unloading solid waste.
COMPOSTING
The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
CONSTRUCTION/DEMOLITION WASTE
Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to wood, plaster, roofing materials, drywall, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging wastes. The term does not include materials defined as clean fill when separated from other wastes at the point of generation.
DEPARTMENT
The Allegheny County Health Department.
DIRECTOR
The Director of the Allegheny County Health Department or his/her authorized representative.
DISPOSAL
The deposition, injection, damping, spilling, leaking, or placing of solid wastes into or on the land or water in a manner that the solid wastes, or a constituent of the solid wastes, enter the environment, are emitted into the air, or enter the waters of the commonwealth.
FACILITY
All land, structures, and other appurtenances or improvements where recycling or solid waste disposal, processing, transfer, or storage is permitted or takes place.
FINAL CLOSURE
The date after which no further treatment, maintenance, monitoring or other action is or will be necessary at a municipal waste processing or disposal facility to ensure compliance with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, the rules and regulations adopted thereunder, and this chapter.
FLUE
Any duct, pipe, stack, chimney, or conduit which conducts air contaminants into the open air and which permits the performance of the test methods and procedures specified in Chapter VI of Article XX.
INCINERATION
The process of burning solid waste to a gas and a residue in accordance with Article XX.
INCINERATOR
An enclosed device, including domestic refuse-burning equipment, using controlled combustion for the primary purpose of thermally breaking down solid waste, and which is equipped with a flue.
INCLUDE
Including, but not limited to.
INFECTIOUS WASTE
This term shall have the same definition as the term is currently defined in 25 Pa. Code § 271.1.
LAND RECLAMATION
The land application of sewage sludge for its plant nutrient value or as a soil conditioner, in order to establish vegetative growth or restore or enhance the soil.
LEACHATE
A liquid, including suspended or dissolved components in the liquid, which has permeated through or drained from solid waste.
MUNICIPALITY
A city, incorporated town, township, borough, county, any political subdivision, or any authority created by any of the foregoing.
MUNICIPAL WASTE
Any garbage, refuse, lunchroom or office
waste and other material including solid, liquid, semisolid, or contained gaseous material resulting from the operation of residential, municipal, commercial, or institutional establishments, including hospitals, nursing homes, orphanages, schools, universities, day-care facilities, and personal-care boarding homes, and from community activities, and any sludge not meeting the definition of residual or hazardous
waste under 25 Pa. Code Chapter
271 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
MUNICIPAL WASTE MANAGEMENT PLAN
A plan or revision to a plan officially adopted by a municipality and approved by Penn DER that provides a system for the management of municipal waste.
NOTICE OF VIOLATION
A written advisory stating that a person has, through an act of omission or commission caused, allowed to be caused, or allowed to exist, a condition contrary to statute, law or rules and regulations, or terms and conditions of a permit.
OPERATOR
A person that operates a municipal waste processing or disposal facility, or recycling facility.
ORDER
A written document identifying violations of statute, law, rule and regulation of Allegheny County, the commonwealth, or the United States, or terms and conditions of a permit, and mandating actions to be taken immediately upon receipt or by a specified time to correct the violations.
OWNER
The person who is the owner of record of a facility.
PENN DER
Pennsylvania Department of Environmental Resources.
PERMIT
A permit, or any modification or amendment thereof, issued by the Department and/or Penn DER to operate a municipal waste disposal or processing facility, construction/demolition waste disposal facility, a solid waste transfer facility, residual waste disposal facility, or a recycling facility.
PERSON
A natural person, individual, corporation, municipality, county, political subdivision, partnership, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution, authority, agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter pertaining to a fine 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 method or technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any method or technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include transfer facilities, composting facilities, and resource recovery facilities.
PUMPINGS
The grit, sludges, and other residues manually or mechanically removed from retaining or treatment tanks.
RECYCLING
The collection, separation, recovery, and sale or reuse of source-separated recyclable materials, including metals, glass, paper, plastics, and other materials which would otherwise be disposed or processed as municipal waste.
RECYCLING FACILITY
Any facility employing any method or technology that separates or classifies source-separated recyclable materials and creates or recovers usable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term includes material recycling facilities (MRF). The term does not include transfer facilities, municipal waste landfills, composting facilities, construction/demolition waste landfills, resource recovery facilities, or processing facilities nor does the term include point-of-origin and on-site activities.
RECYCLING TRANSPORTATION VEHICLE
A vehicle or machine used for the transportation of source-separated recyclable materials on a street or highway. The term includes a roll-off container transporter. The term includes a trailer. The term does not include a tractor used to haul a trailer.
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 waste. 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. The term does not include lunchroom waste or office waste from industrial facilities.
RESOURCE RECOVERY FACILITY
Any municipal waste management facility using incineration of municipal waste or its by-products to recover usable energy in fuel-burning or combustion equipment, as defined in Article XX. This term includes gas recovery systems.
RETAINING TANK
A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes the following: (1) chemical toilet, (2) holding tank, (3) privy, (4) incinerating toilet, (5) composting toilet, and (6) recycling toilet, as those terms are defined in 25 Pa. Code Chapter 73.
ROLL-OFF CONTAINER
A detachable vehicle container for the collection and transportation of solid waste.
SALVAGING
The controlled removal or recycling of materials from a solid waste processing or disposal facility.
SCAVENGING
The uncontrolled removal of usable materials.
SEWAGE SLUDGE
The coarse screenings, grit, and dewatered or air-dried sludges and other residues from municipal sewage collection and treatment systems.
SOLID WASTE
Waste, including municipal, residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.
SOLID WASTE STORAGE CONTAINER
Any receptacle used for the temporary storage of solid waste while awaiting routine collection. The term does not include compactors, trailers, or roll-off containers.
SOLID WASTE TRANSPORTATION VEHICLE
A vehicle or machine used for the transportation of solid waste on a street or highway. The term includes a roll-off container transporter. The term includes a trailer. The term does not include a tractor used to haul a trailer.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Materials that are separated from municipal waste at the point of origin for reuse including metals, glass, paper, plastics and other materials which would otherwise be disposed or processed as municipal waste.
SPECIAL HANDLING WASTE
Solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes sewage sludge, blasting residue, infectious waste, chemotherapeutic waste, ash residue from a solid waste incineration facility, asbestos containing waste, PCB-containing waste, waste oil that is not hazardous waste oil, fuel contaminated soil, waste tires and water supply treatment plant sludge.
STORAGE
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. The containment of any waste in excess of one year constitutes disposal, unless evidence to the contrary has been submitted, in writing, and accepted as such by either the Department or Penn DER.
TRANSFER FACILITY
A facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. The facility includes land affected during the lifetime of operations including areas where storage or transfer actually occurs, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site or contiguous collection and transportation facilities, closure and post-closure care and maintenance activities, and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of a transfer facility. A facility is a transfer facility regardless of whether it reduces the bulk or volume of waste. The term does not include portable storage containers used for the collection of municipal waste other than special handling waste.
TRANSPORTATION
The off-site removal of any source-separated recyclable material, leaf waste, yard waste, or any solid waste at any time after generation whether or not a fee is charged.
TREATMENT
Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, suitable for recovery, suitable for storage, or reduced in volume. Such term includes any activity or process designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous.
TREATMENT TANK
A watertight tank designed to retain sewage long enough for satisfactory bacterial decomposition of the solids to take place. The term includes the following: (1) septic tank and (2) aerobic sewage treatment tank, as those terms are defined in 25 Pa. Code Chapter 73.
WASTE
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 material approved by the Department for beneficial use under 25 Pa. Code Chapter
271, § 271.232 (relating to beneficial use).
Any person aggrieved by any action of the Department may request and shall be granted a hearing in accordance with Allegheny County Health Department Rules and Regulations Article XI, Hearings and Appeals.
Whenever the Director determines that an emergency exists which necessitates immediate action to protect the public health, safety, or welfare, he may without prior notice, issue an emergency order citing the existence of the emergency and requiring corrective action necessary to abate the emergency. Notwithstanding the provisions of this chapter, this emergency order shall be effective upon service and shall be complied with immediately.
The land disposal, land application, or incorporation of treatment tank pumpings, retaining tank pumpings, or sewage sludge commingled with treatment tank pumpings or retaining tank pumpings is prohibited. This is not to be construed to prohibit land reclamation with stabilized sewage sludge which has not been commingled with treatment tank pumpings or retaining tank pumpings.
Upon the recommendation of the Director and upon approval of the Board of Health a Solid Waste and Recycling Management Fee Schedule shall be established. Those solid waste management facilities possessing a valid operating permit from the Department and those recycling and composting facilities in operation prior to May 1, 1994, are not required to pay a permit application fee. The minimum fees are on file in the County offices.