City of Lower Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lower Burrell as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned and junked vehicles — See Ch. 278.
[Adopted 8-3-1990 by Ord. No. 3-1990]

§ 247-1 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
RECYCLABLES
Material having an economic value in the secondary materials market. The following materials have such economic value: aluminum, steel and bimetallic cans, clear glass, colored glass, newsprint, plastics, high-grade office paper, and corrugated paper.

§ 247-2 Establishment.

There is hereby established a mandatory program for the separate collection of recyclable materials from residential and commercial premises within the City of Lower Burrell.

§ 247-3 Separation of recyclables and placement for removal.

A. 
Each residential entity within the City of Lower Burrell shall, at a minimum, separate recyclable aluminum, steel and bimetallic cans, both clear and colored glass containers and PETE and HDPE plastics from other refuse and shall prepare the same for collection in accordance with the instructions to be provided by the City or, under subcontract, by its designated agent. These materials shall be stored commingled in a recycling container and shall be placed at the curbside to be collected at times designated by the City or its agent. Items designated as recyclables shall not be placed in the same container as or otherwise mixed with other forms of solid waste for collection, removal or disposal. Nothing stated herein is intended to discourage or prohibit residents from separating for collection any additional recyclables as defined in this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Residents shall separate leaf waste from other municipal waste generated at their homes, apartments and other residential establishments and shall utilize the leaf composting site at City Hall.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
High-grade office paper, aluminum, corrugated paper, PETE and HPDE plastics and leaf waste generated at commercial, municipal or institutional establishments and from community activities shall be separated and stored until collection. Those establishments who have otherwise provided for the recycling of these materials shall be exempt from the requirements of this article, provided written documentation of the total number of tons recycled is submitted annually to the City.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
The City or its agent is empowered to designate the days of the month on which recyclables shall be collected and removed from a particular area.

§ 247-4 Collection by unauthorized person.

A. 
From the time of placement of recyclable items at the curb for collection in accordance with the terms hereof, such items shall be and become the property of the City or its authorized agent. It shall be a violation of this article for any person unauthorized by the City of Lower Burrell to collect or pick up or cause to be collected or picked up any such items. Any and each collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
B. 
It shall be unlawful for a person to collect, remove or dispose of solid waste which contains designated recyclables combined with other forms of solid waste.

§ 247-5 Sale or donation.

Notwithstanding any provision of this article, any person having ownership of the same may sell or donate recyclables to any person, partnership or corporation, whether operating for profit or not for profit; provided, however, that such materials may not be placed for collection at, nor collected from the curbside.

§ 247-6 Recycling fees.

[Added 12-13-2010 by Ord. No. 6-2010]
A collection charge is hereby established for recyclables in the amount of $24 semiannually, or on a basis as determined by the City Council, payable within 30 days or a 5% per month penalty, in order to recover the cost of collection. The collection charge, penalty amounts, or fines may be amended or changed from time to time by resolution.

§ 247-7 Violations and penalties. [1]

Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 11-9-1992 by Ord. No. 13-1992]

§ 247-8 Short title.

This article shall be known and referred to as the "Municipal Solid Waste Ordinance." The recitals set forth above are incorporated herein by reference.

§ 247-9 Definitions.

A. 
The following words and phrases as used in this article shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
ACT 101
The Pennsylvania Municipal Waste Planning Recycling and Waste Reduction Act of 1988 (Act 101).[2]
BULKY WASTE
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 size, shape or weight.
COLLECTOR or WASTE HAULER
Any person, firm, partnership, corporation or public agency engaged in the collection and/or transportation of municipal waste.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including restaurants, shopping centers and theaters.
CONTAINER
A portable device in which waste is held temporarily for storage or transportation.
COUNTY
The County of Westmoreland or the Westmoreland County Board of Commissioners.
DEP
The Pennsylvania Department of Environmental Protection.
DISPOSAL
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.
DOMESTIC WASTE or HOUSEHOLD WASTE
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
GARBAGE
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 nuisance as odors, gases or vectors.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Any establishment engaged in service including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
LEAF WASTE
Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
LICENSED COLLECTOR or LICENSED WASTE HAULER
Any municipal waste collector or hauler possessing a current, valid county license issued by the Westmoreland County Department of Planning and Development pursuant to County Ordinance No. 2 of 1992.
MUNICIPAL WASTE
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.
MUNICIPALITY
The City of Lower Burrell, Westmoreland County, Pennsylvania.
PERSON
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 of rights and duties. In any provision of this article 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.
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.
SALVAGING
The controlled removal or recycling of material from a solid waste processing or disposal facility.
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 year shall constitute 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.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
In this article, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 247-10 Prohibited activities.

A. 
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the City, any garbage, rubbish, bulky waste, or any other municipal or residual waste except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 or Act 101.
B. 
It shall be unlawful for any person to burn any solid waste, including leaf waste, within the City except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97, Act 101 and Westmoreland County requirements.
C. 
It shall be unlawful for any person to process and/or dispose any solid waste in the City except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
D. 
It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the City without a current, valid license to do so issued by the Westmoreland County Department of Planning and Development.
E. 
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the City without prior written approval from the City.
F. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the City except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
G. 
It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection, or to discard or dispose of any lead acid battery except by delivery to a secondary lead smelter permitted by the U.S. Environmental Protection Agency, or a collection or recycling facility approved by the Department.

§ 247-11 Standards for storage of solid waste.

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 approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and stored all waste materials therein.
C. 
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, "Regulations for the Storage of Municipal Waste."

§ 247-12 Standards and regulations for collection.

A. 
All household and homeowners shall utilize the services of a licensed collector of their choice for disposal of their domestic waste or household waste, unless they can demonstrate that the waste is properly disposed in a manner consistent with this article and all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.
B. 
All licensed collectors and licensed waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, "Regulations for Collection and Transportation of Municipal Waste."
C. 
All municipal waste collected within the City shall only be conveyed or transported to the following landfills: BFI Landfill, Imperial, Pa., Valley Landfill, Chamber's of Monroeville Landfill, which are the county-designated disposal facilities in accordance with the Municipal Waste Management Plan for Westmoreland County.

§ 247-13 Licensing requirements.

No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the City without first obtaining a license from the Westmoreland County Department of Planning and Development pursuant to the requirements of County Ordinance No. 2 of 1992.

§ 247-14 Violations and penalties. [1]

Any person who violates any provision of this article may be subject to any fines and penalties imposed by Westmoreland County, the applicable Westmoreland County ordinances as well as any fines and penalties which may be imposed by DEP under Act 101.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).