[Adopted 11-9-1992 by Ord. No. 13-1992]
This article shall be known and referred to as the "Municipal
Solid Waste Ordinance." The recitals set forth above are incorporated
herein by reference.
A.
ACT 97
ACT 101
BULKY WASTE
COLLECTOR or WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
RUBBISH
SALVAGING
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases as used in this article shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
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 of 1988 (Act 101).[2]
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.
Any person, firm, partnership, corporation or public agency
engaged in the collection and/or transportation of municipal waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily for
storage or transportation.
The County of Westmoreland or the Westmoreland County Board
of Commissioners.
The Pennsylvania Department of Environmental Protection.
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, 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.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service including, but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
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.
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 City of Lower Burrell, Westmoreland County, Pennsylvania.
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.
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.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
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 shall
constitute disposal. This presumption can be overcome by clear and
convincing evidence to the contrary.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
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.
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.
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.
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.
[Amended 12-12-2016 by Ord. No. 6-2016]
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.