[HISTORY: Adopted by the Board of Supervisors
of the Township of Pine 12-3-2007 by Ord. No. 341.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 112.
[1]
Editor's Note: This ordinance also superseded
former Ch. 126, Solid Waste Management, which consisted of Art. I,
Standards, adopted 8-8-1990 by Res. No. 359, Art. II, Garbage, Rubbish
and Refuse, adopted 9-3-1991 by Ord. No. 193, as amended, and Art.
III, Recycling, adopted 9-3-1991 by Ord. No. 194, as amended.
The following words and phrases, as used in
this chapter, shall have the meaning ascribed herein, unless the context
clearly indicates a different meaning:
The Pennsylvania Solid Waste Management Act of July 7, 1980.[1]
The Municipal Waste Planning, Recycling and Waste Reduction
Act of July 1988.[2]
Plastic sacks designed for solid waste with sufficient wall
strength to maintain physical integrity when lifted by the top, securely
tied at the top for collection, with a capacity not to exceed 30 gallons
and a loaded weight not to exceed 35 pounds.
Empty and clean food or beverage containers constructed of
steel, tin or aluminum.
Thirty-five-, sixty-five- or ninety-five-gallon plastic receptacle,
provided under the residential solid waste removal contract, for storage
of solid waste, recyclable materials and yard waste. Carts, when full,
shall not exceed 60 pounds in weight for each 32 gallons of capacity.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
Activities which include but are not limited to fairs, bazaars,
socials, picnics and organized sporting events that will be attended
by 200 or more individuals per day.
The process by which organic solid waste is biologically
decomposed to yield a humus-like product.
Paper bag sold and designated for composting purposes. A
composting bag placed for residential collection shall not exceed
40 pounds in weight.
Building materials resulting from construction, remodeling,
repair and demolition.
Clean and dry structural paper material with an inner core
shaped in rigid parallel furrows and ridges.
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 of Pennsylvania.
Receptacle provided by a hauler for storage of solid waste,
recyclable materials or yard waste until collection.
Empty and clean bottles and jars made of clear, green or
brown glass. Expressly excluded are noncontainer glass, broken glass,
dinnerware, plate glass, automotive glass, light bulbs, blue glass
and porcelain and ceramic products.
Any person, firm, copartnership, association or corporation
who has been licensed by the State of Pennsylvania to collect, transport
and dispose of solid waste.
Waste designated as hazardous by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
All white paper, bond paper and computer paper.
Any establishment engaged in manufacturing or processing,
including but not limited to factories and processing plants.
Any organization whose purpose is to further public welfare,
including but not limited to hospitals, nursing homes, orphanages,
schools and universities.
Any properties having four or more dwelling units per structure.
The Township of Pine, Allegheny County, Pennsylvania.
The Pennsylvania Department of Environmental Protection.
Clean and dry mixed waste paper, which includes packaging
and junk mail, office paper, newspaper and magazines. Paper does not
include paper products used for personal hygiene, paper products used
for food preparation, paper products used for cleaning, or wrapping
paper.
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.
Empty and clean plastics Nos. 1 through 6.
Materials generated by residences and commercial, industrial
and institutional establishments which are specified by the municipality
and can be recycled. Recyclable materials may include but are not
necessarily limited to glass containers, bimetal and aluminum containers,
paper, high-grade office paper, corrugated paper, plastic containers
Nos. 1 through 6, yard waste and any other items selected by the municipality
or specified in future revisions to Act 101. The recyclable materials
selected by the municipality may be revised from time to time as deemed
necessary by the municipality. All residential recyclable materials
shall be contained in the designated recycling cart.
The collection, separation, recovery and sale or reuse of
recyclable materials which would otherwise be disposed or processed
as solid waste.
The unauthorized and uncontrolled removal of solid waste,
recyclable materials or yard waste placed for collection by a hauler.
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, industrial or institutional establishments and from community
activities and any sludge not meeting the definition of residual or
hazardous waste in the Solid Waste Management Act[3] from a municipal, commercial, industrial or institutional
water supply treatment plant wastewater treatment plant or air pollution
control facility. The term does not include source-separated recyclable
materials. All residential solid waste should be contained in the
designated solid waste cart or beside the cart and tagged with the
appropriate solid waste tag. All commercial, industrial or institutional
solid waste should be contained inside a designated dumpster.
Labels required under the residential hauler contract for
items not fitting in the solid waste cart.
APPLIANCE TAGTo be purchased for attachment to refrigerators, freezers, washers, dryers, air conditioners, stoves, water heaters, trash compactors and other items of similar weight and construction.
BULKY FURNITURE/LARGE ITEM TAGTo be purchased for attachment to waste material from a residential source, other than construction waste, hazardous waste or tires, with a weight or volume greater than that allowed for carts. Includes but is not limited to furniture, television sets with a nineteen-inch screens or larger, mattresses and other large items outside of the cart.
SMALL ITEM TAGTo be purchased for attachment to the neck of a thirty-two-gallon trash bag or to an individual item outside of the solid waste cart weighing up to 25 pounds, other than construction waste, hazardous waste or tires. To be used for television sets with a nineteen-inch screen or smaller, floor and table lamps, bicycles, large toys and lawn chairs. Not for disposal of recyclable materials or yard waste.
VOLUME TAGTo be purchased for collection of large quantities of bagged excess waste from clean-outs of attics, basements and garages, provided the waste meets the definition of acceptable waste. Not for use with major appliances, construction waste, hazardous waste, tires, bulky item tag materials or other large items.
Those materials separated at the point of origin for the
purpose of being recycled.
The containment of any solid waste or recyclable materials,
on a temporary basis, in such a manner as not to constitute disposal
of such waste.
Plant material such as leaves, grass clippings, branches,
brush, flowers, roots, garden residues, chipped shrubbery and wood
waste. Yard waste does not include loose soils, sod, food waste, food
compost, plastics and synthetic fibers, lumber, any wood or tree limbs
over four inches in diameter, human or animal excrement, noxious weeds
or soil contaminated with hazardous substances. With the exception
of holiday trees, materials larger than four inches in diameter and
four feet in length shall not be considered yard waste and shall be
cut and tied securely into bundles. Bundles shall not be more than
four feet in length, nor more than two feet in diameter, and no more
than 40 pounds in weight and shall require a small item tag. All residential
yard waste shall be contained in the designated yard waste cart or
a composting bag. Regular paper bags, plastic bags, cardboard boxes
or other receptacles may not be used to dispose of yard waste.
This chapter shall be known and referred to
as the "Solid Waste Disposal and Recycling Ordinance" and shall be
in accordance with Act 97, the Pennsylvania Solid Waste Management
Act of July 7, 1980 and Act 101, the Pennsylvania Municipal Planning,
Recycling and Waste Reduction Act of 1988.
The municipality's contracted residential hauler
and the licensed commercial, industrial and institutional haulers
shall be responsible for the billing and collection of any fees for
solid waste, recyclable materials and yard waste disposal.
A.
The municipality shall contract for the mandatory
collection of solid waste, recyclable materials and yard waste from
individual residences and multifamily housing properties with less
than four units. All residents shall place their solid waste, recyclable
materials and yard waste into the proper carts provided by the Township.
(1)
Designated recyclable materials for mandatory residential
recycling shall be glass containers; bimetal and aluminum containers;
paper; plastic containers; and corrugated paper.
(2)
Yard waste must be separated from solid waste and
recyclable materials unless it has otherwise been provided for by
composting.
(3)
Residential solid waste and recyclable materials shall
be collected once a week. Residential yard waste is collected April
1 through November 30.
B.
An owner, landlord, manager or agent of an owner,
landlord or manager of a multifamily housing property with more than
four units or commercial, industrial and institutional establishments
shall negotiate and individually contract for the mandatory collection
of solid waste, recyclable materials and yard waste with a properly
licensed solid waste hauler. The owner, landlord, manager or agent
must establish a recycling program for that location. The collection
system must include suitable containers for collecting and storing
the materials, easily accessible locations for the containers and
a written explanation of the recycling program. An owner, landlord
or manager or an agent of an owner, landlord or manager who complies
with this chapter shall not be liable for noncompliance by his or
her occupants.
(1)
Designated recyclable materials for mandated multifamily
housing shall be glass containers; bimetal and aluminum containers;
paper; plastic containers; and corrugated paper.
(2)
Designated recyclable materials for mandated commercial,
industrial and institutional establishments and community events shall
be high-grade office paper, aluminum, corrugated paper and such other
materials as may be designated by the municipality.
(3)
Yard waste must be separated from solid waste and
recyclable materials unless it has otherwise been provided for by
composting.
(4)
Commercial, industrial and institutional solid waste
and recyclable materials shall be collected at least once a month.
Yard waste shall be collected at least once a month between April
1 and November 30. The municipality reserves the right to require
more frequent collection when deemed necessary.
C.
All solid waste, recyclable materials and yard waste
collection shall be conducted Monday through Friday between the hours
of 6:00 a.m. and 6:00 p.m. unless required otherwise due to a holiday
schedule or inclement weather and with the prior approval of the municipality.
D.
All haulers shall comply with the following standards
and regulations:
(1)
All solid waste shall be disposed at a facility designated
in the Allegheny County Municipal Solid Waste Management Plan.
(2)
All vehicles used for the collection and transportation
of solid waste, recyclable materials and yard waste shall be operated
in and maintained in a safe, clean and sanitary manner; have all governmental
permits and licenses and required regulatory approvals; and shall
comply with all applicable laws and regulations.
(3)
All vehicles used for the collection and transportation
of solid waste, recyclable materials and yard waste shall be watertight
and suitably enclosed to prevent leakage, roadside littering or the
creation of odors and other public health or safety hazards or nuisances.
The storage of all solid waste and recyclable
materials 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.
A.
All solid waste shall be drained of liquid.
B.
All residential solid waste shall be contained within
tied bags inside the solid waste cart or beside the cart and tagged
with the applicable solid waste tag.
C.
All recyclable materials shall be clean and dry and
contained inside the recycling cart.
D.
Solid waste, recyclable materials and yard waste shall
not extend above the fill line or exceed the cart or dumpster capacity
so that the lid is not closed.
E.
Carts and dumpsters shall be kept in a sanitary condition
at all times.
F.
Carts and dumpsters shall be used and maintained so
as to prevent public health hazards safety hazards, and public nuisances.
G.
Carts and dumpsters having any defect shall be reported
to the hauler and promptly repaired or replaced, as necessary.
H.
Carts shall be placed at a collection point specified
by the hauler. Dumpsters are to be located and concealed in a manner
so as to eliminate conditions harmful to public health or which create
safety hazards, odors, unsightliness or public nuisances and, in accordance
with any applicable land development plans, approved by the municipality.
I.
With the exception of pickup days when the carts are
placed out for collection, they shall be properly stored away from
the curb.
A.
All recyclable materials placed by persons for collection by their hauler shall, from the time of placement at the curb, become the property of the municipality or the contracted hauler, except as otherwise provided by § 126-6C of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
B.
It shall be a violation of this chapter for any person,
other than the municipality or agent authorized by the Board of Supervisors
or other entity responsible for providing for collection of recyclable
materials, to collect recyclable materials placed by residences, commercial,
industrial or institutional establishments, for collection by their
contracted hauler, unless such person, firm or corporation has prior
written permission from the generator to make such collection. In
violation hereof, unauthorized collection from one or more residences
or commercial, industrial and institutional establishments on one
calendar day shall constitute a separate and distinct offense punishable
as hereinafter provided.
C.
Any residence or commercial, municipal, industrial,
institutional establishment or a community event may donate or sell
recyclable materials to any person, firm or corporation, whether operating
for profit or not, provided that the receiving person, firm or corporation
shall not collect such donated recyclable materials from the collection
point of a residence or commercial, industrial or institutional establishment
without prior written permission from the Board of Supervisors or
other entity responsible for authorizing collection of recyclable
materials to make such a collection.
A.
The residential hauler shall provide reports as outlined
in the contract documents.
B.
All haulers which have operated within the municipality
must provide an annual report before January 31 of the following year.
C.
The report shall document the type and weight of recyclable
materials that were collected in the municipality and recycled in
the previous calendar year.
(1)
The type and weight of recyclable materials generated
by an individual establishment may be approximated based on a representative
sample of its waste.
(2)
Where recyclables from several establishments are
collected in the same vehicle, an individual establishment's contribution
to the load may be apportioned.
(3)
Only the weight of materials marketed for recycling
purposes can be credited to an establishment.
A.
The municipality will provide continuing recycling
education to all residents through its quarterly newsletter.
B.
The municipality will provide continuing recycling
education to all commercial, industrial and institutional establishments
through direct mailings every six months or as otherwise required
through Act 101, the municipal recycling program performance grant
prerequisites.[1]
[1]
Editor's Note: See 53 P.S. § 4000.904.
C.
Commercial, industrial and institutional establishments
must provide all employees with an explanation of their recycling
program. The education program should describe its features and requirements
and should include an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the program requirements.
A.
Commercial, industrial and institutional establishments
which generate more than 2,200 pounds of municipal waste per month
should also implement a waste minimization opportunity assessment
which includes:
(1)
Waste characterization, including source, generation
rate, management techniques and management costs. The assessment should
expressly consider high-grade office paper, aluminum, corrugated paper,
yard waste and any other materials generated in significant quantities.
(2)
A description of all possible waste minimization options,
including use and waste reclamation.
(3)
An evaluation of the economic and technical feasibility
of each option and a ranking of each option.
(4)
An estimate of the payback period for each feasible
option.
(5)
A statement of which options will be implemented,
including an explanation and a timetable.
(6)
Identification of the individual(s) who will be responsible
for implementing the plan.
B.
The waste minimization plan should be periodically
updated. Implementation of the plan should include:
(1)
Recycling or composting of materials, to the greatest
extent feasible, either privately or through a municipal recycling
program.
(2)
Use, to the greatest extent feasible, of products
and materials which are recyclable or made of post-consumer materials.
(3)
Substitution, to the greatest extent feasible, of
durable and reusable products and materials for products that are
not durable or reusable.
(4)
Appropriate education materials and signs, made available
to employees or the public to encourage participation in recycling
and waste reduction.
The municipality may modify standards and regulations
in accordance with residential hauler contract requirements or PA
DEP standards.
All hauler complaints shall first be made to
the hauler and, if not addressed, then to the municipality.
A.
It shall be unlawful for any person to accumulate
or permit to accumulate upon any public or private property within
the municipality any solid waste or recyclable materials except in
accordance with the provisions of this chapter, any PA DEP rules and
regulations adopted pursuant to Pennsylvania Act 97 and Allegheny
County Health Department rules and regulations.
B.
It shall be unlawful to dispose of recyclable materials
with solid waste.
C.
It shall be unlawful for any person to burn solid
waste, recyclable materials or yard waste within the municipality
except in accordance with the provisions of this chapter, any PA DEP
rules and regulations adopted pursuant to Pennsylvania Act 97 and
Allegheny County Health Department rules and regulations.
D.
It shall be unlawful for any person to dispose of
any solid waste, recyclable materials or yard waste within the municipality
except in accordance with the provisions of this chapter, any PA DEP
rules and regulations adopted pursuant to Pennsylvania Act 97 and
Allegheny County Health Department rules and regulations.
E.
It shall be unlawful for any person to dispose of
any hazardous, infectious or toxic waste, including flammable liquids,
explosives, fireworks, oxygen tanks, ammunition, paints, varnishes,
photography chemicals, insecticides, weed killers, pool chemicals,
propane tanks, solvents, auto fluids and lead acid batteries with
his or her solid waste, recyclable materials or yard waste. Information
on disposal of such items may be obtained by contacting the municipality.
F.
It shall be unlawful to place sharp materials, such
as syringes or broken glass, into the cart without first wrapping
and securing those objects into a hard, protective containment..
G.
It shall be unlawful for any person unlicensed by
PA DEP to haul, transport, collect or remove solid waste from public
or private property.
H.
It shall be unlawful for any person to scavenge materials
from any solid waste or recyclable material that is stored or deposited
for collection within the municipality without prior approval by the
municipality.
I.
It shall be unlawful for any person to salvage or
reclaim any solid waste within the municipality except at an approved
and permitted resource recovery facility under Pennsylvania Act 97
and any PA DEP rules and regulations adopted pursuant to Pennsylvania
Act 97.
J.
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 recyclable material in or upon any street, alley, sidewalk,
body of water, public or private property within the municipality
except as provided in this chapter.
A.
Any person who violates any provision of this chapter
shall first receive a letter of warning, by certified mail, outlining
the violation and providing a period of 30 days for correction. If
the violation is not corrected or a plan provided to the municipality
for correction within 30 days, a complaint will be filed with the
District Magistrate. Conviction by the District Magistrate shall indicate
guilt of a misdemeanor; which is punishable by a fine of not less
than $100 nor more than $1,000 or, in default of payment of such fine,
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.
B.
The municipality may petition the Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this chapter.
