This chapter shall be known and referred to as the "Solid Waste Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Allegheny 11-11-2002 by Ord. No. 9-2002. Amendments noted where applicable.]
A.
It is hereby declared to be the purpose of this chapter to:
(1)
Coordinate and regulate the storage, collection, processing and disposal of all solid waste materials and/or recyclables, as herein defined, in order to protect the public safety, health and welfare of the people of the Township of Allegheny, hereinafter referred to as the "Township."
(2)
Provide for the collection of all solid waste materials only by licensed collectors.
The following are referenced documents:
A.
Act 97: The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq., as amended).
B.
Act 101: The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (P.L. 556, Act 1988-101, July 1988, 53 P.S. § 4000.101 et seq., as amended).
E.
PaDEP Regulations for the Collection and Transportation of Municipal Waste: Title 25, Chapter 285, Subchapter B.
F.
Federal Water Pollution Control Act: 86 Stat. 880, as amended.
I.
U.S. Atomic Energy Act of 1954: 68 Stat. 923, as amended.
J.
County Licensing Ordinance: Westmoreland County Ordinance No. 2 of 1992.
The following words and phrases as used in this chapter shall have the meaning ascribed herein, unless the context clearly indicates a different meaning. In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.
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 agricultural waste is not hazardous. This term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, aqua cultural and silvicultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands. This term also includes materials in liquid or solid form generated in the production and marketing of fish or fish hatcheries.
The practice of raising plants or animals, such as fish or shellfish, in man-made or natural bodies of water.
Use or reuse of residual waste or residual material derived from residual waste for commercial, industrial or governmental purposes, where the use does not harm or threaten public health, safety, welfare, or the environment, or the use or reuse of processed municipal waste for any purpose, where the use does not harm or threaten public health, safety, welfare or the environment.
The elected Board of Supervisors of the Township of Allegheny, Westmoreland County, Pennsylvania.
Large items of solid waste that may require special handling due to their size, shape or weight. This includes, but is not limited to, appliances, water heaters, water tanks, furniture, large auto parts and large concrete or asphalt chunks.
Fly ash, bottom ash or boiler slag resulting from the combustion of coal, that is or has been beneficially used, reused or reclaimed for a commercial, industrial or governmental purpose. This term includes such materials that are stored, processed, transported or sold for beneficial use, reuse or reclamation.
Any person, firm, partnership, association or corporation engaged in the collection or transportation of municipal waste.
Any establishment engaged in nonmanufacturing or nonprocessing business. This includes, but is not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
The Commonwealth of Pennsylvania.
All nonhazardous waste material and rubble resulting from the construction, alteration, repair, removal or demolition of buildings or from the production or development of real property, which is customarily handled and transported by means of roll-off boxes, bodies or containers.
A portable device in which waste is held for storage or transportation.
The County of Westmoreland or the Westmoreland County Board of County Commissioners.
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.
A site, location, tract of land, area or premises used or intended to be used for solid waste disposal. This includes, but is not limited to, sanitary landfills, transfer stations, incinerators and waste processing/separation centers that are licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
Solid waste comprised of garbage and rubbish, which normally originates in a residential private household or apartment house.
Rock cuttings and related mineral residues created during the drilling of wells pursuant to the Oil and Gas Act, provided such materials are disposed of at the well site and pursuant to Section 206 of the Oil and Gas Act.
Residual materials in liquid or solid form generated in the slaughtering of poultry and livestock, or in processing and converting fish, seafood, milk, meat and eggs to food products. It also means residual materials generated in the processing, converting or manufacturing of fruits, vegetables, crops and other commodities into marketable food items.
The use of food processing wastes in normal farming operations as defined in this section.
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.
Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining or agricultural operations and from community activities, or any combination of the above (but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Paragraph 402 of the Federal Water Pollution Control Act, or source, special nuclear or by-product material as defined by the U.S. Atomic Energy Act of 1954), 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.
The term "hazardous waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act. "Hazardous waste" shall not include treatment sludge 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. Examples of hazardous waste include, but are not limited to, explosives, toxic materials and medical waste.
An aerobic, biological process by which microorganisms convert organic material such as animal and plant wastes into a stable, easily handled material. Household wastes used in composting include yard trimmings, garden debris, vegetable and fruit scraps, coffee grounds and filters and manure from herbivores such as horses, cows, chickens and rabbits. Materials which should not be added to a household compost pile include meat, fish, oily foods, milk products and manure from nonherbivore pets.
Any establishment engaged in manufacturing or processing. This includes, but is not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
Any establishment engaged in service. This includes, but is not limited to, hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and similar material. This does not include grass clippings.
Any municipal waste hauler or collector possessing valid and current licenses issued by both the Township and the Westmoreland County Solid Waste Authority pursuant to the County Licensing Ordinance.
The entire process, or any part thereof, of storage, collection, transportation, processing, treatment and disposal of solid wastes by any person engaging in such process.
Any deep or surface mine, whether active, inactive or abandoned.
The process of the extraction of minerals from the earth or from waste or stockpiles or from pits or banks.
For the purposes of this chapter, buildings containing two or more residential units including, but not limited to, duplexes, condominiums, apartment houses, motels, hotels, mobile home parks, travel trailer parks and recreational vehicle parks.
Any 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.
The customary and generally accepted activities, practices and procedures that farms adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products; and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities; provided that such operations are conducted in compliance with applicable laws, and provided that the use or disposal of these materials will not pollute the air, water or other natural resources of the commonwealth. It includes the storage and utilization of agricultural and food process wastes, screenings and sludge for animal feed, and includes the agricultural utilization of septic tank cleanings and sewage sludge, which are generated off-site. It includes the management, collection, storage, transportation, use or disposal of manure, other agricultural waste and food processing waste, screenings and sludge on land where such materials will improve the condition of the soil, the growth of crops or in the restoration of the land for the same purposes.
The Pennsylvania Department of Environmental Protection and its authorized representatives.
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency (including but not limited to the Department of General Services and the State Public School Buildings Authority) or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provisions of this chapter that prescribe 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.
Point source discharges for which valid and current permits have been issued under Paragraph 402 of the Federal Water Pollution Control Act to the extent that such discharges are authorized by said permits.
Contamination of any air, water, land or other natural resources of the commonwealth such as will create or is likely to create a public nuisance or to render air, water, land or other natural resources harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other life.
Material that has been segregated from other solid waste material for the purpose of reuse or recycling. This may include, but is not limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and some plastics.
The collection, separation, recovery and sale or reuse of recyclable materials which would otherwise be disposed or processed as municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
A facility employing a technology or process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste, nor composting facilities or resource recovery facilities.
All solid waste materials that are discarded as useless.
For the purposes of this chapter, a dwelling occupied by a person, or a group of persons comprising not more than one family, and where either water or domestic light and power services are being supplied. This includes, but is not limited to, single-family homes and mobile homes on lots, which are individually owned.
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, waste water 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 sludge 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.
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off-site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product.
All nondecomposable municipal waste. This category includes, but is not limited to, bedding, cardboard, cans, crockery, glass and paper.
Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials. This term does not include coal ash or drill cuttings.
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
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 "storage" rather than "disposal". This presumption can be overcome by clear and convincing evidence to the contrary.
Allegheny Township, Westmoreland County, Pennsylvania.
A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. This term includes a facility that uses a method or technology to convert part or all of such waste materials for off-site reuse. This term does not include a collection or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics.
The off-site removal of any solid waste at any time after generation.
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. This terms includes any activity or processing designed to change the physical form or chemical composition of waste so as to render it neutral or nonhazardous.
The Allegheny Township Board of Supervisors shall be responsible for all aspects of solid waste management within the Township.
The Allegheny Township Board of Supervisors shall be responsible for the preparation of all necessary plans for solid waste management and shall coordinate these plans with other local, county, state and federal agencies. These plans shall control the collection, storage, processing and disposal of all solid waste materials. In accordance with all the pertinent statutes, rules and regulations of the commonwealth, the Board shall:
A.
Provide municipal solid waste collection, storage and disposal services and/or approve and regulate the establishment, maintenance and operation of private solid waste collection, storage, transportation and disposal services. The Township may either contract with a private authorized collector, or license multiple private collectors, to provide collection of residential and multifamily residential garbage, refuse, rubbish and bulky waste.
B.
Issue licenses to private collectors at a fee to be determined by the Board.
A.
All collectors operating within the Township must have valid and current licenses issued by both the Township and Westmoreland County Solid Waste Authority pursuant to the County Licensing Ordinance.
B.
In order to qualify for a Township license, a collector must meet the requirements set forth in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
All collectors shall abide by the standards and regulations for collection set forth in § 210-10 of this chapter.
D.
All collectors shall be responsible for the collection of any fees for solid waste collection and disposal services.
E.
A collector is considered to have failed to perform if any of the following is found to have occurred:
F.
Prior to entering a collection service contract, the Township may require a prospective authorized collector to submit a certificate of insurance as evidence of insurance coverage for the minimum amounts specified by the Township.
G.
Prior to entering into a collection service contract, the Township may require a prospective authorized collector to post a performance bond to compensate the Township in the event that it must assume the obligations and duties of the authorized collector for nonperformance.
H.
Residents will have freedom of choice in their selection of a collector as long as it is from the list of collectors licensed by the Township.
A.
No person shall permit any solid waste, other than recyclables, to accumulate for a period of longer than 14 days upon property owned or occupied by said person in the Township.
[Amended 1-10-2005 by Ord. No. 2-2005]
B.
Owners and occupiers of residential units and multifamily residential sources and units are hereby required to subscribe to the services of a Township-licensed hauler. Proof of subscription or service must be provided to the Township upon request.
C.
All commercial, institutional and industrial establishments shall negotiate and individually contract collection service with a licensed collector of their choice. (See § 210-12 for exceptions.)
D.
All property owners and occupants shall abide by the standards for storage of solid waste prior to collection set forth in § 210-9 of this chapter.
E.
It shall be unlawful for any person to collect and dispose of any solid waste within the Township except as provided in this chapter.
F.
Residents will have freedom of choice in their selection of a collector as long as it is from the list of collectors licensed by the Township.
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 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 of free liquids before being placed in storage containers.
(2)
All garbage or other decomposable waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3)
Recyclables that will be picked up by a licensed collector shall be washed and segregated.
D.
All municipal waste shall be stored in containers approved by the Township 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 and not more than 40 gallons, and a loaded weight of not more than 50 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 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 container.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
With the exception of pickup days, when the containers are placed out for collection, the containers shall be properly stored on the owner's or customer's premises at all times.
(5)
Bulky waste items such as furniture and appliances shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily residential sources, commercial establishments, institutional establishments 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 Township.
A.
A collector shall collect all solid waste and recyclables as herein defined from each residential unit and multifamily residential source on its routes.
B.
All commercial, industrial and institutional waste shall be collected once a week, except by special permission of the Board. Collection from these sources shall be made as often as necessary to control health hazards, odors, insects and unsightly conditions. The Township reserves the right to require more frequent collection when deemed necessary.
C.
If the Township has designated an authorized collector, the Township or its authorized collector shall regularly publish residential collection schedules. If the Township has not designated an authorized collector, the Township shall regularly publish a listing of collectors licensed to work in the Township, along with their rates and services provided.
D.
All licensed haulers shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Township shall be conveyed by the collector or hauler to a transfer station, processing facility and/or disposal site designated by the Westmoreland County Solid Waste Authority pursuant to the approved Municipal Waste Management Plan for Westmoreland County.
(2)
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97 and Act 101 and any PaDEP regulations adopted pursuant to Act 97 and Act 101, including the PaDEP regulations for the collection and transportation of municipal waste.
(3)
All collection vehicles conveying domestic or household 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 nondecomposable 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.
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Township any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this chapter and PaDEP rules and regulations adopted pursuant to Act 97 and Act 101.
B.
It shall be unlawful for any person to dispose of any solid waste in the Township except in accordance with the provisions of this chapter and any PaDEP rules and regulations adopted pursuant to Act 97 and Act 101.
C.
It shall be unlawful for any collector to haul, transport, collect or remove any solid waste from public or private property within the Township without valid and current licenses issued by both the Township and the Westmoreland County Solid Waste Authority pursuant to the County Licensing Ordinance.
D.
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 or public or private property within the Township except as provided in this chapter.
A.
Nothing in this chapter shall be construed to prohibit normal farming operations.
B.
Nothing in this chapter shall be construed to prohibit residents from storing recyclables for an extended period; hauling their own recyclables to a recycling facility; or engaging in household composting. These activities are permitted provided that they do not create conditions harmful to public health and safety or create a public nuisance.
A.
The Township may address violations by requesting a hearing before a District Justice.
B.
Any person or entity violating any provision of this chapter shall, upon conviction by a District Justice in a summary criminal proceeding, be punishable by a fine of not more than $1,000, together with costs of prosecution and reasonable attorney fees. Each day's violation shall constitute a separate enforceable offense.
C.
The Township may petition the Court of Common Pleas in Westmoreland County for an injunction, either mandatory or prohibitive, to enforce any provisions of this chapter.
The collection of solid waste in the Township and the disposal thereof shall be subject to such further reasonable rules and regulations as may from time to time be promulgated and administered by the Board; provided, however, that no such rules and regulations shall be contrary to the provision of this chapter or applicable law.