[HISTORY: Adopted by the Borough Council of the Borough of
Irwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-26-1961 by Ord. No. 6-1961 (Ch. 20, Part 1, of
the 1993 Code)]
[Amended 6-11-1997 by Ord. No. 812; 10-10-2001 by Ord. No. 841]
Wherever in this article the following terms are used, they
shall have the meanings respectively ascribed to them in this section:
The Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980.[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act, SB 528, Act 1988-101, July 1998.[2]
The residue from the burning of wood, coal, coke and other
combustible materials for the purposes of heating and cooking. It
shall not include the cinders produced in steam-generating plants.
The Borough of Irwin, Westmoreland County, Pennsylvania.
Large items of solid waste, including, but not limited to,
appliances, furniture, large auto parts, trees, branches or stumps
which may require special handling due to their size, shape or weight.
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 Pennsylvania Department of Environmental Protection (DEP)
The deposition, injection, dumping, spilling, leaking or
placing of solid waste into or on the land or water in a manner that
the solid waste enters the environment, is emitted into the air or
is discharged to the waters of the Commonwealth of Pennsylvania.
Solid waste comprised of garbage and rubbish which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, mineral, grain, fruit
or vegetable matter that is capable of being decomposed by microorganisms
with sufficient rapidity to cause nuisances as odors, gases or vectors.
Any municipal waste hauler or collector possessing a valid
and current county license issued by the Westmoreland County Solid
Waste Authority pursuant to the County Ordinance No. 2.
Any garbage, refuse, industrial lunchroom or office waste
and other materials, 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 the 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.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution and agency, or any other legal entity which
is recognized by law as the subject or rights and duties. In any provision
of this chapter which prescribes 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.
All solid waste materials which are discarded as useless.
The person who holds title by virtue of a recorded deed filed
in the Recorder of Deeds Office of Westmoreland County, Pennsylvania,
and who resides in the subject property and designates the same as
his/her primary residence and/or domicile or any person who resides
in said household who is 65 years of age or older.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and 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] The term 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 Act of June 22, 1937, P.L. 1987, No. 394, known as the "Clean
Streams Law."[4]
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 waste.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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.
Any person who resides in said residence by virtue of a written
lease agreement and who designates the same as his/her primary residence.
[Amended 7-7-1993 by Ord. No. 791; 6-11-1997 by Ord. No. 812]
A.
All refuse accumulated in the Borough shall be collected, conveyed and disposed of by an independent contractor, who shall be named from time to time by the Borough of Irwin Council. The cost of such service shall be paid for as provided in the schedule of fees set forth in § 212-5 of this article by the person producing the refuse or responsible for the existence or disposal thereof or for whom such refuse is removed. It shall be unlawful for any person other than the independent contractor named by the Borough to collect, convey over any of the streets or alleys of the Borough, or dispose of any refuse accumulated in the Borough.[1]
B.
The collection and disposal of refuse in the Borough shall be under
the supervision of the Borough Council. The Council shall have the
authority to make regulations concerning the days of collection, type
and location of waste containers and such other matters pertaining
to the collection and disposal as it may deem advisable, and to change
and modify the same after notice as required by law, provided that
such regulations are not contrary to the provisions hereof. Any aggrieved
persons shall have the right of appeal against any regulation made
by the Borough Council to said Council, which may confirm, modify
or revoke any such regulation.
[Amended 7-7-1993 by Ord. No. 791; 6-11-1997 by Ord. No. 812]
A.
Preparation of refuse.
(1)
All garbage before being placed in garbage cans for collection shall
have drained from it all free liquids and shall be wrapped in paper
or placed in a paper bag.
(2)
All rubbish shall be drained of liquid before being deposited for
collection.
(3)
All cans and bottles which have contained food shall be thoroughly
rinsed and drained before being deposited for collection.
(4)
Tree trimmings and hedge clippings and yard waste shall be cut to
length not to exceed four feet and securely tied in bundles not more
than two feet thick before being deposited for collection.
B.
Refuse containers.
(1)
Garbage receptacles.
(a)
Garbage receptacles shall be made of metal or plastic equivalent,
must be watertight and be provided with a tight-fitting cover.
(b)
No person shall use for the reception of garbage, ashes and/or
rubbish any receptacle having a capacity of more than 30 gallons.
(c)
All garbage receptacles shall be kept as sanitary as possible
in view of the use to which they are put and shall be thoroughly cleaned
by the occupant after garbage is removed by the collector.
(2)
Refuse receptacles.
(a)
All refuse receptacles shall be provided by the owner, tenant,
lessee or occupant of the premises.
(b)
All refuse receptacles shall be maintained in good condition.
Any receptacle that does not conform to the provisions of this article
or that may have ragged or sharp edges or any other defect liable
to hamper or injure the person collecting the contents thereof shall
be promptly replaced upon notice. Failure to comply may result in
refusal to collect or the removal of the defective receptacle as refuse.
C.
Storing of refuse.
(1)
No person shall place any refuse in any street, alley or other public
place or upon any private property, whether owned by such person or
not, within the Borough except it be in proper receptacles for collection
or under an express approval granted by the Borough Council. No person
shall throw or deposit any refuse in any stream or other body of water
or upon the streets or highways within the Borough. All refuse containers
shall be placed for storage in a location preferably at the rear of
the customer's residence, office or apartment or in another inconspicuous
location.
(2)
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited. Failure to remove any
existing accumulation of refuse within 30 days after the effective
date of this article shall be deemed a violation of this article.
(3)
It shall be unlawful for any person, other than the occupants of
the premises on which refuse receptacles are stored, or the collector
to remove the covers or any of the contents of refuse receptacles.
(4)
Only garbage generated within the boundaries of the Borough shall
be eligible for collection by the designated garbage collector. It
is the intent of this section that garbage accumulated or generated
outside the boundaries of the Borough and subsequently brought into
the Borough for collection shall not be eligible for collection.
D.
Points of collection. Refuse receptacles shall be placed for collection
at ground level on the property, not within the right-of-way of a
street or alley, and accessible to and not more than 40 feet from
the side of the street or alley from which collection is made, provided
that receptacles may be placed for collection at other than ground
level and at a distance of more than 40 feet when approved by the
Borough Council and an additional payment for the extra service is
agreed upon by both parties. Refuse containers shall not be placed
for collection more than 12 hours prior to the date and time of actual
collection by the Borough refuse collection service. Refuse containers
shall be removed from the location of pickup as promptly as possible
after pickup, but in no event shall said refuse containers remain
at the location of pickup for more than 12 hours after collection
by the Borough refuse collection service has been completed.
[Amended 7-7-1993 by Ord. No. 791; 6-11-1997 by Ord. No. 812]
A.
Frequency of collection.
(1)
Refuse shall be collected at least once each week.
(2)
Hotels, restaurants and such other businesses and institutions as
deem it necessary may enter into an agreement for a greater frequency
of collection. Where necessary to protect the public health, the Borough
Manager may require that more frequent collections be made.
B.
Limitations on quantity.
(1)
It is the intent of this article that the reasonable accumulation
of refuse of each family for the collection period will be collected
for the standard charge. The Borough Manager may refuse to collect
unreasonable amounts or make an additional charge for such amounts.
(2)
It is the intention of this article that large restaurants, hotels,
apartments and other businesses and institutions shall have their
reasonable accumulations of refuse for the collection period collected
at a fair charge based upon the average weight or volume. The Borough
Manager may refuse to collect unreasonable amounts or may make an
additional charge for such amounts.
C.
Bulky waste. Every household shall be entitled to place outside for
collection one large or bulky waste item per month per residential
unit; examples of large or bulky items are washers, dryers, refrigerators,
hot water tanks, stoves, furniture, or five bags or boxes of cleanup
material. All CFC (freon) must first properly by removed and documented
in accordance with the EPA before collection.
D.
Special refuse problems.
(1)
Contagious disease refuse. The removal of wearing apparel, bedding
or other refuse from homes or other places where highly infectious
or contagious diseases have prevailed should be performed under the
supervision and direction of the responsible local or state agency.
Such refuse shall not be placed in containers for regular collections.
(2)
Inflammable or explosive refuse. Highly inflammable or explosive
materials shall not be placed in containers for regular collection
but shall be disposed of under the supervision and direction of the
responsible local or state agency.
[Amended 6-10-1968 by Ord. No. 3-1968; 3-23-1970 by Ord. No.
10-1970; 4-12-1971 by Ord. No. 4-1971; 12-27-1973 by Ord. No.
9-1973; 12-27-1973 by Ord. No. 10-1973; 12-30-1974 by Ord. No.
11-1974; 5-12-1975 by Ord. No. 617; 1-3-1978 by Ord. No. 674; 7-11-1983 by Ord. No. 715; 4-10-1989 by Ord. No. 766; 7-7-1993 by Ord. No.
791; 6-11-1997 by Ord. No. 812; 10-10-2001 by Ord. No. 841; 12-11-2002 by Ord. No. 852]
A.
The fees for the collection and disposal of refuse placed for collection
at the curb or right-of-way line if no curb exists from which refuse
collection is made shall be set by Council by way of resolution.
[1]
Editor’s Note: This ordinance provided an effective
date of 10-1-2014.
[2]
Editor’s Note: This ordinance provided an effective
date of 1-1-2016.
[3]
Editor's Note: This ordinance provided that it would be effective
the first day of the fourth quarter of 2017, first affecting the quarterly
bill for the fourth quarter of 2018.
B.
All fees shall be paid quarterly (and shall not be subject to a discount).
C.
Where the collection of refuse from other than ground level or from
more than 40 feet from the side of the street or alley is accepted,
the fee shall be set by the Borough Manager and may be amended from
time to time by the Borough Council, subject to appeal to the Borough
Council.
D.
All accounts shall be considered delinquent if not paid within 30
days of the billing, and bills shall be made every three months and
payable quarter-annually. All delinquent accounts are subject to stoppage
of service without notice. If a delinquent account is not paid within
30 days, the Borough Council shall cease all refuse collection for
that account unless Borough Council specifically directs otherwise.
Service shall be resumed thereafter only on payment of the accumulated
fees for the period of collection and the period of noncollection,
plus $1, unless Borough Council specifically directs otherwise. The
stoppage of services hereinbefore authorized for nonpayment of collection
charges shall be in addition to the right of the Borough to proceed
for collection of such unpaid charges by an action in assumpsit or,
at the election of the Borough, in any other manner provided by or
for the collection of a municipal claim.
E.
All commercial and residential accounts shall incur a penalty of
10%, which shall be added to the unpaid balance if the entire quarterly
garbage bill is not paid within 30 days of the billing date.
F.
Any resident may qualify for a five-percent discount if the total
sum due for the year is paid by April 30 of that year.
[Amended 5-12-1975 by Ord. No. 617; 7-7-1993 by Ord. No. 791]
Any person who shall violate any provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this article continues shall constitute a separate offense.
[Added 3-12-1979 by Ord. No. 685]
A.
The owner of the property which receives the garbage service shall
be primarily responsible and liable for the payment of all garbage
collection and disposal service fees, regardless of whether the garbage
service was requested by the property owner or tenant of the property
receiving the garbage service.
B.
If any delinquency in the garbage collection and disposal account
for a particular piece of property exists, even if due to previous
owner or tenant, the garbage collection and disposal service will
not be provided to that property until the delinquency has been paid
by the present property owner.
C.
Before garbage collection and disposal service can be provided to
a tenant of property not receiving said service before the passage
of this article, all owners of said property to receive said service
must execute a letter of obligation indicating his/her/their promise
to be primarily responsible for the garbage collection and disposal
fee.
[Added 7-12-1982 by Ord. No. 707; 6-11-1997 by Ord. No. 812]
It is the Borough's right to designate a sole and exclusive
collector to collect, convey and dispose of garbage, ashes, rubbish
and refuse from properties within the municipal limits of the Borough.
[Adopted 7-10-2013 by Ord. No. 918]
As used in this article, the following terms shall have the
meanings indicated:
Any portable container used or designed for collection of,
transportation of, or disposal of refuse, waste, construction/demolition
materials, or the like. "Refuse dumpster" shall include, but not be
limited to, roll-off boxes or containers, collection bins, tubs and
portable storage containers.
The person/resident renting the dumpster must first obtain a
permit from the Borough of Irwin. No person shall place or cause to
be placed any dumpster or other type of trash receptacle in the right-of-way
of any Borough street except upon having obtained a dumpster permit
to be issued by the Borough of Irwin.
A.
Dumpsters
shall be well-maintained and in good working condition, displaying
the name or logo and telephone number of the owner of the dumpster,
and be suitably supported at each contact point to prevent damage
to paved surfaces.
B.
Dumpsters
must be covered when materials inside are easily airborne, pose a
hazard, emit an odor or are otherwise offensive.
C.
Debris
must be placed inside the dumpster, not alongside or on top of it.
D.
All dumpsters
are required to be emptied when full. For the purpose of this article,
"full" is defined as when the contents of the dumpster reach an average
level of one foot below the top edge of the dumpster sides. Any dumpster
which has reached "full" status and is not emptied within seven calendar
days shall be considered in violation of this article.
E.
Cleaning
dumpsters on the street or sidewalk is not permitted.
A.
A dumpster
placed in the public right-of-way must have a flasher or reflector
on the outside corner facing traffic at all times. Where traffic may
approach from either side, the dumpster must have a flasher or reflector
on the outside corner of both sides. Type I or Type II barricades
can be used as an alternate to flashers or reflectors.
B.
Dumpsters
shall not block a public sidewalk or be placed in a location that
restricts the sight lines of an intersection. "Sight lines" will be
determined by the Public Works Supervisor or the Police Department.
C.
Dumpsters
placed in the public right-of-way for construction, remodeling or
demolition projects shall be removed immediately upon the completion
of the project. No dumpster shall be placed in the public right-of-way
for more than 90 days. An extension of the ninety-day rule may be
allowed with written permission and at the sole discretion of the
Borough of Irwin.
D.
No dumpster
shall be placed on streets, sides of streets or areas designated as
"no parking." Dumpsters shall not be placed in public parking lots
or parks without prior written permission from the Borough of Irwin.
E.
The owner
and/or user of a dumpster on a public right-of-way is/are responsible
for any public property, street, curb and gutter, or public infrastructure
damage.
F.
No dumpster
shall be placed in the public right-of-way during the winter snow
season, defined for the purpose of this article as the period from
November 1 to the next following April 1.
Any violation of this article is a misdemeanor.
A.
The Borough
of Irwin may remove or have a container removed from the public right-of-way
if the container is in violation of this article.
B.
The owner
of the container or, if the owner cannot be determined, the person
placing it in the public right-of-way shall pay all costs, fees, penalties
and other expenses incurred by the Borough of Irwin in removal, storage
fees and disposal of any container and its contents.
C.
If the
container is not claimed within 30 days by its owner or the person
responsible for placing it in the public right-of-way it may be disposed
of as abandoned property, but disposal shall not diminish the responsibility
of the owner or the person responsible for placing the container in
the public right-of-way to pay all amounts due.
D.
The Borough
of Irwin shall not release a container from storage until all amounts
due under this section have been paid.
