Part 1 GARBAGE COLLECTION SERVICES
Part 2 RECYCLING
[Ord. 354, 11/13/2003, § I]
This Part shall be known and referred to as the "Solid Waste Ordinance."
[Ord. 354, 11/13/2003, § II; as amended by Ord. 418, 1/29/2014]
The following words and phrases as used in this Part shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
- ACT OR 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.
- AGRICULTURAL WASTE
- 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 such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting, and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests, or other agricultural lands.
- BULK WASTE OR BULKY WASTE
- All household items too large to fit in or too heavy to be transported in a closed thirty-two-gallon container, a sealed box of equal size, plastic bag, or that is bundled in a size greater than three feet and exceeds 40 pounds in weight, including, but not limited to, carpeting, appliances, furniture and large trees and branches that require special handling. These items shall be placed within five feet from a public or private way for collection no earlier than 24 hours prior to their scheduled collection.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
- CONSTRUCTION AND DEMOLITION WASTE
- All municipal and residual waste building materials, grubbing waste, and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
- The Pennsylvania Department of Environmental Protection.
- 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 into 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.
- EXCLUDED ITEMS
- Building materials except to the extent that such item(s) meet the definition of rubbish hereunder, concrete, dirt, sod, stone, large car parts, tires, asphalt, railroad ties, landscape ties, liquid paint, animal carcasses, propane tanks, chain link fence rolls, car batteries, oil, gasoline, anti-freeze and other similar vehicle fluids, brick, block, tree and shrub stumps. Other items determined to require special handling and those items excluded by landfill.
- 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.
- HAULER OR PRIVATE COLLECTOR
- Any person, firm, copartnership, association, or corporation who has been licensed by the Township or its designated representative to collect, transport, and dispose of refuse for a fee as herein prescribed.
- HAZARDOUS WASTE
- Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical, or infectious characteristics may: (1) cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; and (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- 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.
- MUNICIPAL WASTE
- 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 Township of North Fayette, Allegheny 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 provisions of this Part 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.
- Any technology used for the purpose of reducing the volume of bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.
- RECYCLED MATERIALS
- Are defined pursuant to Ord. 240, 1991 [Part 2]. The specific items included in the definition of recyclable materials, their separation, and collection are prescribed in Ord. 240 [Part 2].
- All solid waste materials which are discarded as useless.
- RESIDUAL WASTE
- 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, 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, 52 P.S. § 30.51 et seq. Residual waste shall not include treatment sludges 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, 35 P.S. § 691.1 et seq.
- All non-putrescible municipal waste except garbage and other decomposable matter that can be contained in one 32-gallon container, sealed box of equal size or plastic bag per weekly scheduled collection and does not exceed 40 pounds in weight. This category includes, but is not limited to, ashes, bedding, cardboard, crockery, wood, construction materials, small furniture items, nonrecyclable cans, glass, paper.
- The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
- SEWAGE TREATMENT RESIDUES
- Any coarse screenings, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
- SOLID 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.
- The Township of North Fayette, Allegheny County, Pennsylvania.
- The off-site removal of any solid waste at any time after generation.
- TRANSFER STATION
- Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
- YARD WASTE
- Solid waste that is an accumulation of lawn grass, shrubbery cuttings, clippings, leaf takings, tree branches, bushes or shrubs, green leaf cuttings, or other vegetative matter created as refuse in the care of lawns and yards that does not four feet in length and 40 pounds in weight. This does not include branches exceeding three inches in diameter, trees or bulky and non-containerized material that may require special handling Bundled limbs from tree trimmings not exceeding four feet in length, two feet in diameter and weighing less than 40 pounds may be placed at the curbside for regular weekly pick up. These items shall be placed within five feet from a public or private way for collection no earlier than 24 hours prior to their scheduled collection.
In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 354, 11/13/2003, § III]
It shall be unlawful for any person to accumulate or permit to be accumulated 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 Part, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
It shall be unlawful for any person to burn any solid waste within the Township except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
It shall be unlawful for any person to dispose of any solid waste in the Township except in accordance with the provisions of this Part, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.
It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the Township without first securing a license to do so in accordance with the provision of this Part.
Is shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township without prior approval by the Township.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulation adopted pursuant to Act 97.
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, public or private property within the Township except as provided in this Part.
[Ord. 354, 11/13/2003, § IV]
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.
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 store all waste materials therein.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained of free liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
Yard waste, including grass, leaves and garden clippings, shall be placed in a biodegradable brown paper "Kraft" bag not exceeding 40 pounds in weight. Bundled limbs from tree trimmings not exceeding four feet in length, two feet in diameter and weighing less than 40 pounds may be placed at the curbside for regular weekly pick up between the first Monday of April of each year and ending the fourth Friday of November of each year.
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight. Limit one bundle per household per collection.
When specified by the Township or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
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:
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 leak-proof, weatherproof, insectproof, and rodentproof.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.
Disposable plastic bags or sacks are acceptable containers provided 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.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
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 containers.
Containers shall be used and maintained so as to prevent public nuisances.
Containers that do not conform to the standards of this Part or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Township or its designated representative.
Containers shall be placed by the owner or customer at a collection point specified by the Township or its designated representative.
With the exception of pick-up days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
Bulk waste items such as furniture, automobile parts, machinery, appliances, and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
The storage of all municipal waste from multi-family residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this Part. 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.
[Ord. 354, 11/13/2003, § V; as amended by Ord. 369, 8/23/2005]
The Township shall provide for the collection of all garbage, rubbish, and bulky wastes from individual residences and multi-family residential sources with less than four units. All individual residences and multi-family sources with less than four units shall:
Utilize the residential collection service provided by the Township.
Pay the appropriate fee for collection, as determined by the fee schedule published by the Township.
These fees shall be payable by the owner of an individual residence or multi-family residence with less than four units regardless of actual participation in the collection service.
All multi-family residential sources (with more than four units), commercial, institutional, and industrial establishments shall individually contract collection service with the Township or any other properly licensed waste hauler of their choice.
All garbage, rubbish and yard waste shall be placed at the curb within five feet from a public or private way no more than 24 hours prior to the scheduled collection time. Individuals who because of medical necessity can not place their garbage, rubbish or yard waste at the curb may make arrangements with the Township for rear yard service upon presentation to the Manager of satisfactory documentation and proof of medical condition.
All residential solid waste, including residential garbage and rubbish, yard waste, and bulky waste, shall be place for collection as follows:
Residential Garbage and Rubbish. Shall be collected at least once a week.
Bulky Materials. Residents who wish to dispose of bulky waste as defined in § 20-102 hereof shall call the Township office to make collection arrangements prior to placing any such items at the curb for collection. Fees will be charged for collection of bulky waste space upon the amount of material to be disposed and shall be paid in advance of collection. A designated Township official will determine the fee to be charged after inspection of the material to be disposed and shall, upon review, communicate to the resident approval to place such items for collection, the date of placement and collection, and the fee therefor.
Yard Waste. Residents who wish to dispose of yard waste as defined in § 20-102 hereof shall place such waste at the curb no more than 24 hours in advance of the scheduled collection beginning the first Monday in April of each year and ending the fourth Friday in November of each year. Except as otherwise provided, all such yard waste, including but not limited to grass, leaves and garden clippings, shall be placed in a biodegradable "Kraft" bag not exceeding 40 pounds in weight. Bundled limbs from tree trimmings not exceeding four feet in length, two feet in diameter and weighing less than 40 pounds may be placed at the curbside for regular weekly pick up within five feet from a public or private way not more than 24 hours in advance of the scheduled pick ups for other yard waste.
Christmas Trees. Christmas trees collected by the Township during the first two weeks of January.
All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies, and unsightly conditions. The Township reserves the right to require more frequent collection when deemed necessary.
Residential collection schedules shall be published regularly by the Township or its contracted hauler.
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 5:00 a.m. and 6:00 p.m. or on Saturdays between the hours of 5:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the Township. No collection, hauling, or transporting of solid waste shall be permitted on Sunday.
All licensed haulers and haulers under contract with the Township shall comply with the following standards and regulations:
All municipal waste collected within the Township shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan — 1990 or any subsequent revision thereto.
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97, and must be licensed by the Allegheny County Health Department.
All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, the creation of odors and other nuisances.
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
Notwithstanding any provision to the contrary herein, the Township shall not accept for collection, and no person shall attempt to deposit or place for collection, any excluded items as defined in § 20-102 hereof, or any other items determined by the Township to require special handling or which are excluded from a reasonably accessible land fill.
[Ord. 354, 11/13/2003, § VI]
The Board of Supervisors of the Township shall be authorized to make funds available, in accordance with the laws and procedures of the Township, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system; or for the contracting of such service to a private collector.
Annual fee schedules shall be published by the Township based on any competitively bid residential collection service contract that may be awarded by the Township.
The Township shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial, institutional, and industrial customers.
[Ord. 354, 11/13/2003; as added by Ord. 418, 1/29/2014]
Obligations of Residential Customers.
Residential Customers. All residential customers shall be responsible for payment of all rates, charges, fees/costs and penalties assessed under statutory law, this Part or any other ordinances and resolutions of the Township.
Property Owners. Notwithstanding the requirement that all residential customers pay their bills when due, all owners of real property are ultimately responsible for the payment of all Township rates, charges, fees/costs and penalties assessed under statutory law, this Part and any other ordinances and resolutions enacted or adopted by the Township. Such charges constitute liens against the real estate and run with the land. In the event that a tenant defaults or becomes delinquent in payments to the Township, the property owner shall be responsible for the payment of such charges.
Charges Due and Payable/Notice.
Invoices. All bills for solid waste collection, transportation and treatment charges imposed by the Township under § 20-106 shall be due and payable upon the date of presentation, and shall be paid not later than 15 days after the date appearing on the bill. After such due date, the account is considered delinquent. Timely receipt by the Township of remittance of bills on the last day of this fifteen-day period shall be determined as evidenced by the postmark of the United States Post Office.
Interest Charges for Delinquent Accounts to Be Imposed and Become Part of Any Municipal Claims. Interest, at the rate of 1/2% per month or at an annual rate of 6% shall be charged on and added to all past due accounts for any municipal services or assessments, including all services and charges imposed hereunder, which remain unpaid from due date. The rate shall accrue thereon from that date and same shall be added to the total due and shall thereby become a part of any municipal claim filed, or other claim recoverable at law or in equity, or otherwise, in regard to such account.
Penalty to Be Imposed upon Delinquent Accounts and Become Part of Any Municipal Claim. In addition to and separate and apart from any interest imposed hereunder, a late penalty, in the amount of 5% of the total delinquent amount shall be charged on and added to all delinquent accounts for any municipal assessments and services which remain unpaid from the due date, accruing thereon from that date, and the same shall be added to the total due and shall thereby become a part of any municipal claim or lien filed, or other claim recoverable at law or in equity, or otherwise, in regard to such account or claim.
Delinquency Notice. If an account continues to be delinquent beyond the due date or if the Township receives notice of insolvency leading it to reasonably believed that delinquent rate payer may file for bankruptcy or other insolvency proceedings, the Township may authorize its staff and/or legal counsel to take legal action necessary against such delinquent ratepayer or property owner for the delinquent account amount authorized under law.
In addition to the above, the Township may authorize their attorney to enter a lien against the residential customer/property owner in accordance with the procedures set out herein. When a lien is entered, the Township shall continue to charge interest on such liened delinquent account at a rate of 10% per annum; said rate to continue running from the due date. However, at the discretion of the Township, reasonable alternative arrangements can be made for payment in special circumstances.
All delinquent solid waste charges include, but are not limited to, those set forth in the schedule of rates, charges, fees/costs and penalties are to be made a lien against the property so as to provide for nonpayment for solid waste and other related services or assessments; such amounts may be liened and collected against the property in the name of the owner, reputed owner, occupier, mortgagee, or anyone beneficially interested therein as claims are liened and collected under the Municipal Claims and Lien Law of the Commonwealth of Pennsylvania, 53 P.S. § 7101 et seq.
Notwithstanding the definition of "owner," "occupant" and "residential customer," and notwithstanding that the residential customer, occupant, contractor or any applicant entering into an agreement with the Township for the use of solid waste service was not the owner of the premises served by the Township, the owner of the premises shall be liable in-personam and in rem for all solid waste charges or assessments regarding said premises, and the Township may, at its option, discontinue service as set forth below, and in addition thereto, may file suit in assumpsit against the residential customer and/or property owner, severally or jointly, and may use any other remedy provided by law for the collection of delinquent bills. In addition, the Township may file a municipal claim against said property within the time limit required by law for such filing, so that the claim shall be assessed against the said property in the same way as the other taxes are filed and liened, and may sue out of a writ of scire facia or file a suggestion of nonpayment in the same manner and within the same period of time as provided by law for all municipal taxes and claims. The Township may use any or all of the remedies so provided by law, and the use of any one remedy may not be exclusive of the Township's other rights and remedies.
Costs and fees shall also be authorized to be collected against the residential customer as authorized by Act No. 1 of 1996, 53 P.S. § 7106, as amended, of the Commonwealth of Pennsylvania Legislature and the Second Class Township Code, 53 P.S. § 65101 et seq., and any Township ordinances enacted pursuant thereto. There shall be included in the amounts set forth above the reasonable out-of-pocket expenses of the Township and/or counsel in connection with each of these services, as itemized in the applicable counsel bills, which shall be deemed to be part of the fees. The amount of costs/fees determined as set shall be added to the Township's claim in each account.
Attorney Fees. The Township authorizes and shall collect attorneys fees against the delinquent residential customer pursuant to the provisions of the Municipal Claims Act, 53 P.S. § 7106(a)(1), and specifically Act No. 1 of 1996, as amended, for any collection proceedings in which the Township is required to utilize legal counsel for collection proceedings. Attorney fees incurred in the collection of any delinquent account shall be at the regularly negotiated municipal attorney hourly rate paid unto the Township Solicitors in an amount sufficient to compensate attorneys undertaking collection and representation of a claim on behalf of the Township.
Schedule of Attorney Fees.
The Township hereby approves the following as its schedule of attorney fees for services in connection with the collection of accounts, which is hereby determined to be fair and reasonable compensation for the services anticipated in acting on the Township's behalf to pursue collection of delinquent municipal Accounts and claims, all in accordance with the principles set forth in § 3(a.1) of the Municipal Claims Law as added by Act No. 1 of 1996, 53 P.S. § 7106(a)(1), as amended (the "Act"): All services performed by the Township's duly appointed attorneys in relation to the establishment, enforcement and collection of the Township's delinquent accounts and/or municipal claims and liens thereon shall be at an hourly rate equal to the Township Solicitor's regular charges to Township, the same being reasonable in comparison to rates normally charged by attorneys in this marketplace for similar work.
There shall be added to the above amounts the reasonable out-of-pocket expenses of counsel in connection with bills, which shall be deemed to be part of the fees.
The amount of fees determined as set forth above shall be added to the Township's claim in each account.
Collection Procedures for Attorney Fees. The following collection procedures are hereby established in accordance with Act No. 1 of 1996, 53 P.S. § 7106, as amended:
At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an account, the Township shall mail or cause to be mailed, by certified mail, return receipt requested, a notice of such intention to the taxpayer or other entity liable for the account (the "account debtor").
In the event that the certified mail to any account debtor is refused or unclaimed or the return receipt is not received, then at least 10 days prior to the assessing or imposing such attorney fees, the Township shall mail or cause to be mailed, by first class mail, a second notice to such account debtor.
All notices required by this Part shall be mailed to the account debtor's last known post office address as recorded in the records or other information of the Township, or such other address as it may be able to obtain from the County Office of Assessment and Revision of Taxes.
Each notice as described above shall include the following:
The type of tax or other charge, the date it became due and the amount owed, including penalty and interest.
A statement of the Township's intent to impose or assess attorney fees within 30 days after the mailing of the first notice, or within 10 days after the mailing of the second notice.
The manner in which the assessment or imposition of attorney fees may be avoided by payment of the account.
The place of payment for accounts and the name and telephone number of the Township official designated as responsible for collection matters.
[Ord. 354, 11/13/2003, § VII]
All appeals shall be made in writing to the governing body of the Township.
Pending a reversal or modification, all decisions of the Township shall remain effective and enforceable.
Appeals may be made by the following persons: Any person who is aggrieved by a new standard or regulation issued by the Township may appeal within 10 days after the Township gives notice of its intention to issue the new standard or regulation.
The notice of appeal shall be served in writing and sent by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the Township shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
[Ord. 354, 11/13/2003, § VIII]
The Township may petition the Court of Common Pleas of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.
[Ord. 354, 11/13/2003, § IX; as amended by Ord. 418, 1/29/2014]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 240, -/-/1991, § I]
The short title of this Part shall be the "Township of North Fayette Recycling Ordinance," and the same may be cited in that manner.
[Ord. 240, -/-/1991, § II; as amended by Ord. 247, 2/11/1992, § 1; and by Ord. 418, 1/29/2014]
The following words and phrases used throughout this Part shall have the following meanings:
- ACT 101
- The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, 53 P.S. § 4000.101 et seq.
- All empty aluminum beverage or food cans.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of steel and aluminum.
- BOARD OF SUPERVISORS
- The governing body of North Fayette Township.
- The entity or entities authorized by the Township to collect recyclable materials from residences, or authorized by commercial, municipal and institutional establishments that do not receive collection services from the Township to collect recyclable materials from those properties.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- FERROUS CONTAINERS
- Empty steel or tin coated food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
- HIGH GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- INSTITUTIONAL ESTABLISHMENT
- Those facilities that house or serve groups of people including, but not limited to, hospitals, nursing homes, orphanages, day care centers, schools and universities.
- LEAD ACID BATTERIES
- Includes, but not to be limited to, automotive, truck and industrial batteries that contain lead.
- LEAF WASTE
- Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings, but not including grass clippings.
- MAGAZINES AND PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.
- MULTI-FAMILY HOUSING PROPERTIES
- Any properties having four or more dwelling units per structure.
- MUNICIPAL ESTABLISHMENT
- Public facilities operated by the Township and other governmental and quasi-governmental authorities.
- MUNICIPAL WASTE
- Any garbage, refuse, industrial lunchroom or 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 in the Solid Waste Management Act, 35 P.S. § 6018.101 et seq., 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.
- Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are newspapers which have been soiled, color comics, glossy advertising inserts and advertising inserts printed in colors other than black and white often included with newspapers.
- Owners, lessees, and occupants of residences and commercial, municipal and institutional establishments.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the Township may stipulate specific types of plastic which may be recycled.
- RECYCLABLE MATERIALS
- Materials generated by residences and commercial, municipal and institutional establishments which are specified by the Township and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic cans, high grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items selected by the Township or specified in future revisions to Act 101. The recyclable materials selected by the Township may be revised from time to time as deemed necessary by the Township.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials.
- Any occupied single or multi-family dwellings having up to four dwelling units per structure for which the Township provides municipal waste collection service.
- SOURCE SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- The Township of North Fayette.
- A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[Ord. 240, -/-/1991, § III]
The Township hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Township for which waste collection is provided by the Township or any other collector. Collection of the recyclable materials shall be made at least once per month by the Township, its designated agent, or any other solid waste collectors operating in the Township and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The recycling program shall also contain a sustained public information and education program.
Specific program regulations are provided as an attachment to this Part. The Board of Supervisors is empowered to make changes to program regulations as necessary, as described in § 20-210. Subsequent changes in the program regulations may be made through approval of the Board of Supervisors and public notice and notification of all affected parties.
This Part is ordained pursuant to the Second Class Township Code, 53 P.S. § 65101 et seq.
[Ord. 240, -/-/1991, § IV]
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this Part.
[Ord. 240, -/-/1991, § V; as amended by Ord. 247, 2/11/1992, § 2]
All persons who are residents of the Township shall separate all of those recyclable materials designated by the Township from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place same for collection in accordance with the guidelines established hereunder.
Persons in residences must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curbside in containers provided by the Township for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the Township and shall be used only for the collection of recyclable materials. Any resident who moves within or from the Township shall be responsible for returning the allocated container(s) to the Township or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this Part.
An owner, landlord, manager or agent of an owner, landlord or manager of a multi-family housing property with more than four units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for the containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords, managers and agents of owners, landlords or managers who comply with this Part shall not be liable for noncompliance of occupants of their buildings.
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
Persons must separate high grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Township generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection by:
Providing for the recycling of high grade office paper, aluminum, corrugated paper, leaf waste and other materials deemed appropriate by the Township.
Submitting, at a minimum, an annual recycling report to the Board of Supervisors of the Township. The report shall document the amount of municipal waste generated per year as well as the type of weight of materials that were recycled in the previous calendar year. Valid documentation shall include information from an end-use, recycler, or waste hauler which describes the type and weight of each recyclable material that was collected and marketed. Documentation may be in the form of one of the following: (1) copies of weight receipts or statements which consolidate such information; (2) a report from the provider of recycling collection services which identifies the amount of each material collected and marketed. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative sample of its source-separated materials; or (3) a report from the provider of waste collection services that identifies the type and weight of each recyclable material collected and marketed in cases where recyclables are commingled with the establishment's waste. The type and weight of recyclables generated by an individual establishment may be approximated based on a representative of its waste. For subparagraphs (2) and (3), where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned. Only the weight of materials marketed for recycling purposes can be credited an establishment provided the collector submits an annual report indicating tonnage recycled during the previous year from such establishments in the Township.
If recyclable materials are collected by a collector other than the Township or its authorized agent, occupants of said establishments shall submit an annual report to the Township reporting the type and weight of materials recycled during the previous calendar year. This requirement may be fulfilled by submission of a letter or form from the collector which certifies that recyclable materials are being collected from the establishment.
All employees, users (patrons), and residents of commercial, municipal and institutional establishments must be informed of the recycling program. The education program should describe the program's features and requirements, and should include at a minimum an annual program meeting and 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 or recyclable materials that is to be placed in the receptacle, and signs should be prominently displayed stating the requirements of the program.
Commercial, municipal 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:
Waste characterization, including source, generation rate, management techniques, and management costs. The assessment should expressly consider high-grade office paper, aluminum, corrugated paper, leaf waste and any other materials generated in significant quantities.
A description of all possible waste minimization options, including use and waste reclamation.
A valuation of the economic and technical feasibility of each option and a ranking of each option.
An estimate of the pay back period for each feasible option.
A statement of which options will be implemented, including an explanation and a timetable.
Identification of the individual(s) who will be responsible for implementing the plan.
The waste minimization plan should be periodically updated. Implementation of the plan should include:
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
Use, to the greatest extent feasible, or products and materials which are recyclable or made of post-consumer materials.
Substitution, to the greatest feasible, or durable and reusable products and materials for products that are not durable or reusable.
Appropriate education materials and signs should be made available to employees or the public to encourage participation in recycling and waste reduction.
[Ord. 240, -/-/1991, § VI]
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 20-208 of this Part. Nothing in this Part 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.
[Ord. 240, -/-/1991, § VII]
It shall be a violation of this Part for any person, firm or corporation, other than the Township or one authorized by the Board of Supervisors or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the Township or an authorized collector, 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, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 240, -/-/1991, § VIII]
Any residence or commercial, municipal or institutional establishment 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, municipal 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.
[Ord. 240, -/-/1991, § IX; as amended by Ord. 247, 2/11/1992, § 3]
Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this Part. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source separated recyclable materials in landfills or to be burned in incinerators is prohibited.
[Ord. 240, -/-/1991, § X; as amended by Ord. 418, 1/29/2014]
The Board of Supervisors is hereby authorized and directed to make reasonable rules and regulations for the operation and enforcement of this Part as deemed necessary, including, but not limited to:
Establishing recyclable materials to be separated for collection and recycling by residences, and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
Establishing collection procedures for recyclable materials.
Establishing reporting procedures for amounts of materials recycled.
Establishing procedures for the distribution, monitoring and collection or recyclable containers.
Establishing procedures and rules for the collection of leaf waste.
Any person, firm or corporation who shall violate the provisions of this Part shall receive an official written warning of non-compliance for the first and second offense. Thereafter all such violations shall be subject to the penalties hereinafter provided.
Except as hereinafter provided, any person, firm or corporation who shall violate any of the provisions of this Part shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $25 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
The Township reserves the right not to collect municipal waste containing recyclable materials in combination with non-recyclable materials.
[Ord. 240, -/-/1991, § XI]
The Township may enter into (an) agreements(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside.
[Ord. 240, -/-/1991, § XIII]
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 20-210.