[HISTORY: Adopted by the Council of Latrobe 4-23-1996 by Ord. No.
1996-5. Amendments noted where applicable.]
This chapter shall be known and referred to
as the "Municipal Solid Waste Ordinance of Latrobe."
A.
ACT 97
ACT 101
AGENT
BULKY WASTE
COLLECTOR OR WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DER
DESIGNEE
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LEAF WASTE
LICENSED COLLECTOR OR LICENSED WASTE HAULER
MUNICIPALITY
MUNICIPAL WASTE
PERSON(S)
RUBBISH
SALVAGING
SCAVENGING
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases as used in this chapter
shall have the meanings 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]
The Director of Planning and Development as Code Enforcement
Officer, the Superintendent of Public Works as supervisor of the Sanitation
Department, the Director of Administration and Finance as Secretary
and Treasurer of Latrobe and any other person appointed from time
to time by Latrobe to act on Latrobe's behalf with respect to the
provisions of this chapter.
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 but not limited to stores, markets, office buildings,
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 County Commissioners.
The Pennsylvania Department of Environmental Resources (DER).
See "agent."
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 municipal waste 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 nuisances 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.
Latrobe, Westmoreland County, Pennsylvania.
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[3] 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 collected by the municipality under Chapter 305, Recycling.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity which
is recognized by law as the subject of rights and duties. In any provision
of this chapter prescribing a fine, imprisonment or penalty, or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
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.
The unauthorized and uncontrolled removal of material placed
for collection or 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 a 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 chapter, 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 the accumulation of, upon any public or private property
within the municipality, any garbage, rubbish, bulky waste or any
other municipal or residual waste except in accordance with all applicable
rules and regulations adopted by the municipality.
B.
It shall be unlawful for any person to burn any solid
waste, including leaf waste, within the municipality except in accordance
with all applicable rules and regulations adopted by the municipality.
C.
It shall be unlawful for any person to process and/or
dispose any solid waste in the municipality except in accordance with
all applicable rules and regulations adopted by the municipality,
including but not specifically limited to the disposal of any municipal
waste upon any public street, alley, vacant lot, stream, streambank,
body of water, gutter, drain, sewer or any other place, whether public
or private, within Latrobe that is not otherwise the designated area
for municipal waste collection for the person disposing of the waste.
D.
It shall be unlawful for any person other than the
municipality or its designated agent to collect, haul, transport through
Latrobe streets, alleys or other public places or remove any solid
waste from public or private property within the municipality.
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 municipality without prior written approval from the municipality.
F.
It shall be unlawful for any person to salvage or
reclaim any solid wastes within the municipality except at an approved
and permitted resource recovery facility under any applicable rules
or regulations adopted by the municipality.
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 United States Environmental
Protection Agency or a collection or recycling facility approved by
the Department.
A.
Any person granting a lease or otherwise permitting
the use of his or her premises or portions thereof for a consideration,
monetary or otherwise, shall be considered a "lessor" for the purpose
of this section. A person having the use of a lessor's premises and
responsible for the giving of any type of consideration therefor shall
be considered a "lessee" for the purpose of this section.
B.
All lessors, within 30 days after the acquisition
of said premises, shall report to Latrobe, in writing, the number
of parcels or units of said premises presently or hereafter rented
or available for rental; a description (by address, number and/or
some other meaningful method) of each parcel or unit; and the names
of its lessees at the time of such report, together with a designation
as to which unit or parcel is occupied by each.
C.
Any change in the occupancy or rental of leased premises
or in the identity of the lessee(s) from that shown in the report
of the lessor as required above shall be reported by the lessor to
Latrobe within 10 days after such change. It is intended hereby that
lessors shall report vacancies of units, new lessee(s) or a lessee
who rents or leases a different unit or parcel of lessor's premises.
Latrobe may prepare a form report which may require that information
set forth above and such other pertinent information that Latrobe
may incorporate into said report form. The failure to have such report
forms, however, shall not excuse the obligation of lessors to provide
the information herein.
D.
Any lessor violating any of the provisions of this
section or who furnishes false information to Latrobe with respect
to the requirements of this section shall be subject to the penalties
hereinafter provided.
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.
All municipal waste from all premises shall be placed
in designated collection containers and/or prepared for collection
in a manner approved by and according to rules and regulations established
by the municipality. The collection of municipal waste shall be made
at frequencies and according to rules and regulations as established
by the municipality, but in no event less than once per week.
C.
Municipal waste shall be placed and containers shall
be kept in such condition to facilitate safe and efficient collection
by the municipality or its agents. If a municipal waste collection
container is found by the municipality to be in a deteriorated condition
or otherwise unsafe condition or if a container for municipal waste
is placed for collection in an unsafe manner or a manner not in compliance
with established rules and regulations or if municipal waste is placed
in a nondesignated container it shall be the ultimate responsibility
of the owner of the premises, upon notification by the municipality
or its agent, to correct the type or condition of said container or
correct the condition of the municipal waste placed for collection
no later than the next scheduled collection day of the subject premises.
In the event that the owner of the premises fails to cause such correction,
the municipality or its agent shall remedy the situation and collect
all applicable costs from the owner.
D.
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.
E.
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.
A.
All generators of municipal waste must utilize the
services provided by the municipality or its designated agent for
collection.
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 municipality
shall only be conveyed or transported to a transfer station designated
by the municipality and approved in the Municipal Waste Management
Plan for Westmoreland County.
A.
The municipality is hereby authorized to establish
and amend from time to time in its rules and regulations a fee schedule
and to collect fees and charges for municipal waste service.[1] Regardless of who shall contract for service, the payment
of the fees and charges shall be the ultimate obligation and responsibility
of the owner of the property to which service is provided. All property,
with the exception of vacant property, within the municipality shall
be deemed serviceable and assessable for municipal waste service.
[1]
Editor's Note: The current rate schedule is
on file in the office of the City Secretary.
B.
If payment in full for the fees and charges as established
by the municipality is not received on or before the expiration of
30 days after the notice of date due and payable has been sent by
the municipality, a penalty of 10% shall be added to the total amount
due the municipality and shall be payable by the owner to the municipality.
The municipality may proceed for the recovery of all fees, charges
and penalties as provided herein against the individual who contracts
for service and/or owner of the serviced premises in the same manner
as for the recovery of any other municipal claim, by lien or by civil
action, and shall collect in addition thereto the costs of the filing
of the lien or costs of suit and an attorney's commission for the
collection as provided by the state enabling statute applicable to
the form of government for Latrobe at the time of enactment of this
chapter.
The municipality or its designated agent shall
not collect, remove, haul or transport any solid waste upon or through
any streets or alleys of the municipality without first obtaining
a license from the Westmoreland County Department of Planning and
Development pursuant to county ordinance.
The municipality may petition the Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this chapter.
The municipality or its agent shall prosecute
any person violating any of the provisions of this chapter before
the District Justice to the end that the terms of this chapter are
strictly enforced.
Any person who violates any provision of this
chapter shall, upon conviction, be punishable by a fine of not more
than $600 and costs of prosecution or, in default of payment of such
fine and costs, by imprisonment for a period of not more than 30 days.
Each day of violation shall be considered a separate and distinct
offense.
