[HISTORY: Adopted by the City Council of the City of Greensburg as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Art. I, Use of Street Wastepaper Receptacles, adopted 7-21-1952 by Ord. No. 410, as amended, was repealed 2-10-2014 by Ord. No. 2034. This ordinance also amended the title of the chapter, which was formerly Solid Waste.
[Adopted 9-9-1991 by Ord. No. 1494]
[Amended 2-10-2014 by Ord. No. 2034[1]]
This article shall be known and may be cited as the "Solid Waste Management and Material Recovery Program for the City of Greensburg, County of Westmoreland, Commonwealth of Pennsylvania."
[1]
Editor's Note: This ordinance also amended the title of Art. II, which was formerly Solid Waste Management.
It is hereby declared to be the purpose of this article to coordinate and regulate the storage, collection, transportation, processing and disposal of all solid waste and hazardous wastes and for the recovery of recyclable materials, as herein defined, in order to protect the public safety, health and welfare of the people in the City of Greensburg.
For the purpose of this article, the following words and phrases shall have the meanings given herein:
ASHES
The remaining residue resulting from burning of wood, coal or other combustible material, excluding ash from industrial process.
AUTHORIZED COLLECTOR
A person, individual, partnership or corporation or employer or agent thereof authorized by contract with the City to collect solid waste, recyclables, HHW and e-waste within the City.
[Amended 2-10-2014 by Ord. No. 2034]
BULKY WASTE
Large items of refuse too large for collection in ordinary bags or containers, including but not limited to appliances and furniture, excluding e-waste.
[Amended 2-10-2014 by Ord. No. 2034]
CITY
The City of Greensburg.
COLLECTION
The organized and scheduled pickup and removal of ashes, refuse and recyclable materials from a residential or commercial property by the authorized collector authorized by contract to remove said items.
[Amended 12-9-1996 by Ord. No. 1701]
COLLECTION DATE
The date collection shall be made that was scheduled by the approved collector and agreed upon by the governing body.
COLLECTION POINT
An approved location on the commercial property owner's premises where the approved containers are placed, away from rubbish and trash, from which collection is made by the authorized recycling contractor or approved collector.
COMMERCIAL PROPERTIES
All properties used for commercial, industrial or institutional use. Multiple-dwelling residential buildings containing more than four dwelling units and municipal establishments within the City, for the purpose of this article, shall also be "considered commercial properties."
COMMINGLE
For the purpose of this article, "commingle" is defined as the mixing of recyclables, including paper, plastics, glass and metals, into one recycling container.
[Added 2-10-2014 by Ord. No. 2034]
CONSTRUCTION MATERIAL WASTE
Rubbish or solid material that is to be discarded during construction, demolition and remodeling projects at residential and commercial properties within the City.
[Amended 12-9-1996 by Ord. No. 1701]
CURBSIDE
The property line next to the street or alleyway.
DEPARTMENT
The City agency designated by ordinance to be responsible for management of the solid waste disposal and material recovery program.
DUMPSTER
A bin used by commercial properties for storage of solid waste for collection.
E-WASTE
For the purpose of this article, "e-waste" is defined as consumer electronics that shall include but not be limited to the following: televisions, computer monitors, keyboards, mice, desktop printers, CD ROMs, DVDs, VCRs, CD players, cell phones and related cords pursuant to the Pennsylvania Covered Device Recycling Act, Act 108 of 2010.[1] This service will be provided to residential customers as an on-call, door-to-door service.
[Added 2-10-2014 by Ord. No. 2034]
GARBAGE
All table refuse and animal, fruits and vegetable waste resulting from the handling, preparation, cooking and serving of foods which have become unfit or unwanted for such use for which reason they are discarded. It does not include waste from industrial processing or manufacturing of food products, bodies of dead animals or human or animal excrement.
GOVERNING BODY
The City Council of the City of Greensburg.
HAZARDOUS WASTE
For the purpose of this article, "hazardous waste" shall be defined as solid waste that is especially harmful or potentially harmful to public health. This shall include, but not be limited to, the following: certain explosives, toxic materials and medical waste, including, but not limited to, the following: biological waste, radioactive materials including detectors, ammunition and explosives, commercial chemicals, toxic materials in containers over five gallons, materials improperly packaged, unlabeled and unknown materials, gas cylinders, fire extinguishers, tires, liquid mercury and all medications.
[Amended 2-10-2014 by Ord. No. 2034[2]]
HOUSEHOLD HAZARDOUS WASTE (HHW)
For the purpose of this article, household hazardous waste shall include smaller quantities of certain hazardous wastes as retailed to and utilized by the homeowner that shall include, but not be limited to, the following: pesticides and insect sprays, herbicides, rust removers, swimming pool chemicals, wood preservatives, used oil filters, vehicle batteries, household fluorescent tubes, chlorine bleach, drain openers, corrosive chemicals (noncommercial), lye, driveway sealer (less than five gallons), hobby chemicals, lubricants (motor oil, transmission fluid), paint products (oil, latex, stripper, thinners), automotive cleaners (waxes, polishes), gasoline (less than five gallons), and automotive chemicals (antifreeze, brake fluid: less than five gallons). This service will be provided to residential customers by the approved contractor as an on-call, door-to-door service.
[Added 2-10-2014 by Ord. No. 2034]
PERSON
Any individual, firm, partnership, association, corporation, institution or other entity.
RECYCLABLE MATERIAL
As a minimum, the following material shall be defined as recyclable material that has been separated from regular refuse and commingled in a designated recycling container/bin for separate collection:
[Amended 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
A. 
Paper: corrugated cardboard boxes (only cardboard cut into sections that will fit into the designated recycling container), office paper, newspaper (black, white, colored and shiny inserts), paperboard (such as cereal boxes), aseptic cartons (milk, juice, broth cartons), junk mail, telephone books;
B. 
Metals: aluminum cans, aluminum foil and disposable bakeware, steel and/or tin cans, empty aerosol cans;
C. 
Glass: clear glass (bottles and jars), brown or amber glass (like beer bottles), green bottles (like beer or wine bottles); and
D. 
Plastics: No. 1 through No. 5, No. 7 and plastic bottle caps (left on the bottle).
RECYCLING
The separation, collection, processing, recovery and sale or reuse of recyclable materials which would otherwise be disposed of as solid waste.
RECYCLING CONTAINER
A designated identifiable contractor-issued container used by residential and commercial properties to store recycling material for collection.
[Amended 2-10-2014 by Ord. No. 2034]
REFUSE
All solid wastes, except body waste and hazardous waste, and shall include but not be limited to ashes, garbage, grass clippings, rubbish and bulky waste.
[Amended 12-9-1996 by Ord. No. 1701]
RESIDENTIAL PROPERTIES
Properties used as dwellings, including buildings having up to four dwelling units in one building.
ROLL-OFF
A special bin placed on a site for commercial or residential properties when normal containers or dumpsters will not handle their solid waste, including but not limited to construction material waste.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable materials, noncombustible materials, wood, grass clipping, etc.).
[Amended 12-9-1996 by Ord. No. 1701]
SCAVENGING
The uncontrolled or unauthorized removal of recyclable materials from residential and commercial properties.
SINGLE-STREAM RECYCLING
The mixture of paper, plastic, glass and metal recycling into one recycling container.
[Added 4-12-2010 by Ord. No. 1992]
SOLID WASTE
Garbage, refuse, rubbish, bulky waste, construction material waste (Construction material waste is excluded from regular collection service.), grass clippings and other discarded materials, excluding hazardous waste, household hazardous waste, e-waste and all other recyclable materials, including but not limited to solid waste materials resulting from commercial properties operation.
[Amended 12-9-1996 by Ord. No. 1701; 2-10-2014 by Ord. No. 2034]
SPECIAL WASTE CONTAINER ITEMS
Items placed in a container or box the same size as regular waste containers for residential properties for use during special collections.
WASTE CONTAINERS
Containers used by residential properties for the purpose of storage of refuse and rubbish, not including bulky waste, hazardous waste and recyclable materials.
YARD WASTE
Bagged yard waste, which shall mean bagged leaves, garden residues, shrubbery, tree trimmings and similar materials or bundled tree branches cut in three-foot sections. Grass clippings are not defined as yard waste.
[Amended 12-9-1996 by Ord. No. 1701; 2-10-2014 by Ord. No. 2034]
[1]
Editor's Note: See 35 P.S. § 6031.101 et seq.
[2]
Editor's Note: The former definition of "incinerator," which immediately followed this definition, was repealed 2-10-2014 by Ord. No. 2034.
A. 
Administration. The City Administrator shall be responsible for the administration of all aspects of solid waste and hazardous waste management and for the management of recovery of recyclable materials shall be the Public Operations Department under the direction of the City Administrator, as set forth in Chapter 5, § 5-15.
[Amended 12-21-1994 by Ord. No. 1646; 12-9-1996 by Ord. No. 1701]
B. 
Enforcement. The Department of Public Safety and Affairs of the City of Greensburg shall be responsible for the enforcement of this article. This Department shall also be responsible for monitoring for any other local, state and federal regulations concerning solid waste, hazardous waste and recycling and to report any violations that they do not have the enforcement powers of to the proper agency. This Department shall work accordingly with the designated department that is responsible for the administration of this article.
C. 
Maximum and minimum rate. Where a maximum and minimum charge is hereby provided, the Director of Administration, as mentioned in this section, shall have the right to fix the rate in each particular case between the minimum and maximum. In case of a dispute between the authorized collector and the customer of the commercial property regarding what the rate shall be, the Director shall have the right to decide what the rate shall be, and the Director's decision shall be final.
A. 
No person shall permit the accumulation of any solid waste for a period of longer than seven days upon property owned or occupied by said person in the City with the exception of commercial properties opting for one bag pickup every other week. Planning and Development in the City of Greensburg may regulate that certain commercial properties may not allow their solid waste for a period of time less than seven days. Any residential or commercial property owner/occupant shall be in violation of this article if he/she allows any solid waste to accumulate for a period longer than seven days with the exception of those commercial properties opting for the one bag every other week pickup. The violation of this subsection shall be Grade C.[1]
[Amended 4-12-2010 by Ord. No. 1992; 9-14-2015 by Ord. No. 2057]
[1]
Editor's Note: See § 227-27, Violations and penalties.
B. 
Owners and occupiers of residential and commercial properties shall make accumulated solid waste available for collection as scheduled under terms between the City and the authorized collector.
C. 
All solid waste accumulated on any residential or commercial property shall be collected, conveyed and disposed of by the authorized collector under contract with the City of Greensburg. A person shall be in violation of this article if he has collected or contracted to collect any solid waste from any residential or commercial properties within the City from any other persons other than the City's authorized collector. The fine for violation of this subsection shall be Grade E.
[Amended 2-10-2014 by Ord. No. 2034]
A. 
It shall be unlawful to keep or allow in or about any dwelling or upon any land or other premises within the municipality solid waste of any kind which is obnoxious or offensive by reason of dust or odor or which attracts insects or vermin, except in covered receptacles. The cover shall be tight and flyproof, and it shall be unlawful to retain accumulation of any of said solid waste so as to constitute a menace to the health and safety, it being a presumption that such a menace exists when more than seven days have elapsed after such solid waste is originally retained, accumulated or permitted to accumulate. Nothing herein contained shall be construed to permit the retention of any solid waste which is or becomes obnoxious or offensive by reason of dust or odor or which attracts insects or vermin. The fine for violation of this subsection shall be Grade C.[1]
[1]
Editor's Note: See § 227-27, Violations and penalties.
B. 
No volatile liquids, explosives, radioactive material or containers which would explode upon contact with heat or fire shall be placed out for regular collection. The fine for violation of this subsection shall be Grade G.[2]
[2]
Editor's Note: See § 227-27, Violations and penalties.
C. 
No hazardous waste shall be stored or placed out for regular collection on residential properties. Arrangements for the disposal of household hazardous waste (HHW) may be made by calling the authorized hauler and requesting on-call, door-to-door service.
D. 
Any properties requiring to dispose of hazardous waste shall contact the authorized collector to make special arrangements. If at any point the authorized hauler shall not be able to collect the hazardous waste, the authorized hauler shall immediately notify the City's Planning Director or their designee. The fine for violation of this subsection shall be Grade C.
[Amended 9-14-2015 by Ord. No. 2057]
E. 
Lead acid batteries, such as automotive batteries, may not be disposed of in the solid waste collection. The fine for violation of this subsection shall be Grade C.[3] Arrangements for the disposal of vehicle batteries, which are part of the HHW collection program, may be made by calling the authorized hauler and requesting on-call, door-to-door service, or batteries must be taken to a retailer or wholesaler of lead batteries or to a collection or recycling facility or other facility approved by the Pennsylvania Department of Environmental Protection (PA DEP).
[3]
Editor's Note: See § 227-27, Violations and penalties.
F. 
Automotive tires may not be disposed of in the solid waste collection. These tires must be taken to a retailer or wholesaler of automotive tires or a collection or recycling facility or a PA DEP approved facility. The fine for violation of this subsection shall be Grade C.[4]
[4]
Editor's Note: See § 227-27, Violations and penalties.
G. 
Automotive oils and lubricants may not be disposed in the solid waste collection. These items are part of the HHW program and may be disposed of by calling the authorized hauler and requesting on-call, door-to-door service, or they must be taken to a retailer or wholesaler of automotive oil that has agreed to accept responsibility of the same or a PA DEP approved collection or recycling facility. The fine for violation of this subsection shall be Grade C.[5]
[5]
Editor's Note: See § 227-27, Violations and penalties.
A. 
All refuse shall be placed and sealed in a bag as to prevent leakage prior to being placed in the waste container.
B. 
Every person shall provide sufficient approved containers for receiving and holding solid waste. Containers shall be kept in a sanitary condition at all times.
C. 
Garbage (food waste) and rubbish shall be stored in a container which shall have a tight-fitting cover, have suitable handles, be watertight and flyproof and be able to be carried easily by the collector.
D. 
Garbage (food waste) shall be drained of liquids.
E. 
Containers shall be kept tightly covered at all times.
F. 
Containers shall be of not less than 20 gallons or more than 35 gallons in capacity for residential properties and should not weigh over 50 pounds total weight, including container and solid waste.
G. 
Each residential property is entitled to dispose of an unlimited number of waste containers per collection day at normal cost per billing.
[Amended 12-21-1994 by Ord. No. 1646; 12-9-1996 by Ord. No. 1701]
H. 
Containers shall be stored on the owner's property.
I. 
When mechanical bins or detachable containers are in use, they shall be easily accessible to the collection vehicle.
J. 
All solid waste shall be stored in containers.
K. 
The City specifically reserves the right to modify and to specifically provide for some other receptacle for the handling of solid waste which the governing body may at some future time deem to be acceptable, appropriate and beneficial for handling of said solid waste material.
L. 
When doing construction, demolition or any work in which a dumpster, roll-off or waste container is necessary, all construction material waste from all residential and commercial properties must be placed in an approved waste container, dumpster or roll-off. Any hauler wishing to place a container, dumpster or roll-off on streets, alleys or in public rights-of-way in the City of Greensburg must obtain prior approval from the Police Department and furnish the Police Department proof of insurance in the form of a certificate of insurance designating the City of Greensburg as the certificate holder and naming the City of Greensburg as additional insured. All waste containers, dumpsters or roll-offs must have the name and phone number of the hauler displayed legibly on the dumpster and be clearly marked with reflective material. The hauler must possess all appropriate state and county licenses. The fine for violation of this subsection shall be Grade E.[1]
[Amended 12-9-1996 by Ord. No. 1701; 6-9-2008 by Ord. No. 1969]
[1]
Editor's Note: See § 227-27, Violations and penalties.
M. 
All commercial properties shall store hazardous waste in a special container approved by Planning and Development if Planning and Development or the approved collector determines it necessary. The fine for violation of this subsection shall be Grade C.[2]
[Amended 9-14-2015 by Ord. No. 2057]
[2]
Editor's Note: See § 227-27, Violations and penalties.
A. 
All residential properties' solid waste shall be collected at least once each week on a scheduled date set in agreement between the approved collector and the City. In the event of a holiday, pickup will be the next following workday.
[Amended 12-9-1996 by Ord. No. 1701]
B. 
All commercial properties' solid waste shall be collected as often as required by generated volumes and environmental problems or as mandated by Planning and Development.
[Amended 9-14-2015 by Ord. No. 2057]
C. 
There shall be no garbage or recycling pickup in the City of Greensburg on the following holidays: New Year's Day, Memorial Day, Labor Day, Christmas Day, July 4 or Thanksgiving Day.
[Amended 2-14-1994 by Ord. No. 1613]
D. 
If the approved collector makes any changes in the set collection dates other than a change due to holiday, as mentioned, the approved collector must first have approval of the City's governing body. They must then notify the customers at least three times within a six-week period prior to the change. The notification should be made by mail at least once and in advertisement with local newspapers.
E. 
All collection and transportation vehicles shall be constructed of metal or other impervious materials, able to be enclosed or fitted with a cover which will be used to prevent spillage of the contents. All waste material dropped on streets or roads shall be immediately picked up.
F. 
All vehicles shall be cleaned at sufficient frequency to prevent nuisance or insect-breeding.
A. 
Waste containers shall, for the purpose of collection, be placed at the curbside, in front of all residences, at ground level, and be made accessible to the collector on and no earlier than the evening before collection will be made. All waste containers and/or bags shall be placed at the curbside, in front of all residences. No collection of solid waste or recycling material will be collected from any residential or commercial properties from the rear of said properties (i.e., alleys, etc.) unless this is the only way to access property or by prior approval by the City Administrator. The approved collector has the authority to refuse pickup of solid waste or recycling material if residents and commercial owners and/or occupants do not comply with this subsection.
[Amended 12-9-1996 by Ord. No. 1701; 4-12-2010 by Ord. No. 1992]
B. 
Notwithstanding provisions of this article, residential and commercial property owners/occupants may, by mutual agreement with the collector, be permitted to place containers at a location on their property other than as previously stated.
C. 
Collection shall be made from all properties throughout the City. This shall include all streets, dedicated or otherwise, and shall include streets closed for repairs or construction. Special collection points may be made in agreement with the City.
D. 
It shall be unlawful for a person other than the approved collector, personnel from Planning and Development or a person designated by the Director of Public Safety to interfere in any manner with any solid waste container or the contents thereof or to remove any such container from the location where the same was placed by the owner/occupant thereof or to remove the contents of any such container. The fine for violation of this subsection shall be Grade D.[1]
[Amended 9-14-2015 by Ord. No. 2057]
[1]
Editor's Note: See § 227-27, Violations and penalties.
E. 
Waste containers must be removed from the curbside by 7:00 p.m. on the day of collection.
[Amended 4-12-2010 by Ord. No. 1992]
[Amended 12-22-1994 by Ord. No. 1646]
A. 
Residential properties shall be collected no earlier than 6:00 am. and no later than 4:00 p.m. on scheduled collection dates.
[Amended 2-11-2002 by Ord. No. 1841]
B. 
Commercial properties in the downtown section of the City shall be collected no earlier than 2:00 a.m. and no later than 6:00 a.m. on scheduled collection dates.
[Amended 2-10-2014 by Ord. No. 2034]
C. 
Special exemptions may be granted by the City Administrator or the City's Planning Director or their designee to change these hours on a day-by-day basis, provided that there is a clear and understanding need to do so.
[Amended 9-14-2015 by Ord. No. 2057]
[Amended 2-14-1994 by Ord. No. 1613; 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
A. 
Bulky waste. Residents shall be granted the removal of one bulky waste item once a month on their regular garbage pickup day. The bulky waste item shall be placed at the curbside on the day of collection or the evening before. There will be a charge to any resident by the City-approved garbage hauler for more than one bulky waste item per month. In the event of a natural disaster, i.e., flooding, special cleanup coordination with the contracted hauler shall be managed through the City Administrator.
B. 
Household hazardous waste (HHW) and e-waste collection. The approved hauler, either through its own equipment and personnel or through a qualified subcontractor, shall provide to the residents of City of Greensburg an on-call, door-to-door e-waste and household hazardous waste ("HHW") collection, processing and disposal service ("HHW service") to include the collection of electronic waste during the term of the contract and any extensions thereto. The purpose of the HHW service is to provide a safe, convenient, efficient and cost-effective method for residents to dispose of acceptable HHW (and electronic) materials as defined under § 227-5 that are otherwise difficult to dispose of and which are being stockpiled in residents' homes. The contractor's HHW service shall include the following mandatory components:
(1) 
The program must be offered to all residents on an on-call basis. For residents to schedule a collection date, a toll-free hotline must be provided with live operators between the hours of 8:00 a.m. and 5:00 p.m. EST, Monday through Friday (English- and Spanish-speaking operators). An automated call system shall be available for calls received after hours, on weekends and holidays. A web-based platform also must be available 24 hours per day, seven days per week, to permit residents to schedule collections. The call center must be staffed with individuals who are tasked as their exclusive job to work with residents and their household hazardous and electronic materials. Residents may use the program as often during the year as may be needed.
(2) 
The collector must provide each resident, via U.S. Mail, at least seven days in advance of the scheduled collection date, a containment device (box/bag) which is approved by City of Greensburg and meets DEP requirements. Each containment device should hold approximately 50 to 75 pounds of acceptable materials.
(3) 
Residents may fill the bag and also can place outside the bag large items such as straight fluorescent lamps, auto batteries and electronics.
(4) 
An instruction sheet must accompany the containment device with complete details about the program. Blank labels shall be included with the containment device for residents to label and identify unlabeled acceptable materials. In addition, a preprinted, postage prepaid survey card must accompany the containment device, soliciting customer feedback on the service. The return address on the survey cards will be to a representative to be designated by City of Greensburg.
(5) 
Acceptable material must be collected from the resident's property and not from public property, including the curb. Residents must be advised, during the initial scheduling call, on how to place their acceptable materials for collection. Technical assistance shall be available for residents who request assistance.
(6) 
Scheduling and collection priority shall be given to residents with disabilities or those who are moving in the immediate future.
(7) 
All acceptable materials must be properly separated preceding transportation to avoid contact with incompatible substances, must be packaged properly by the collector, and must be shipped to permitted facilities for recycling, treatment or disposal (in that preferred order).
(8) 
Materials collected must be recycled to the highest degree possible. Recycle, incineration, treatment, landfill is the applicable hierarchy.
(9) 
The approved collector is required by DEP to register as a hazardous waste transporter, obtain an EPA ID number and submit a program registration to DEP which must be approved prior to work starting. Further, the disposition site must be permitted to accept hazardous materials and be included in the documents submitted to DEP.
(10) 
There can be no separate charge for electronic waste, and the successful collector must comply with existing state regulations regarding disposition of electronics. The current state/manufacturer program does not apply to this bid.
(11) 
The collector must indemnify the City for any action that may occur after the collector has taken possession of the materials. The collector must accept generator status.
(12) 
In conjunction with Subsection X of § 227-26, the collector shall develop a press release and/or advertising material to announce the e-waste and HHW service, and shall plan and provide a public education campaign introducing the household hazardous waste collection and e-waste programs.
(13) 
The collector shall provide the City of Greensburg with quarterly and annual reports detailing all materials collected, number of homes collected from, pounds per home and other pertinent details as may be required by the City of Greensburg.
(14) 
The collection of e-waste/HHW from businesses is excluded from this program. Homes with commercial chemicals, containers of more than five gallons and home businesses will not be served.
(15) 
The collector must demonstrate that it and all proposed subcontractors are registered hazardous waste transporters in good standing with the state and have all necessary licenses, endorsements, permits and training to safely and properly manage the household hazardous waste program in compliance with applicable federal, state and local statutes, laws, rules and regulations.
[Amended 12-9-1996 by Ord. No. 1701]
A. 
The approved collector shall provide for the collection of all solid waste, hazardous waste and any other type of waste determined by the governing body to all properties within the City of Greensburg except for those commercial properties who have prior written approval from the City administration for collection by a different hauler.
B. 
Only the approved collector under contract with the City of Greensburg is authorized to pick up solid waste from any commercial or residential properties within the City of Greensburg, except for those haulers who have prior written approval from the City administration for demolition or construction projects. Unless said contract is broken by agreement or default as specified in said contract, it shall be unlawful and in violation of this article if any other person is collecting or is contracted to collect solid waste or hazardous waste within the City. The fine for violation of this subsection shall be Grade K.[1]
[1]
Editor's Note: See § 227-27, Violations and penalties.
A. 
It shall be unlawful for a person to throw, bury, place or deposit or cause to be thrown, buried, placed or deposited any solid waste or unlawful solid wastes in or upon any street, alley, sidewalk, body of water, sewage, storm sewer, public or private property or any part within the City not mentioned, except as provided in this article. The fine for violation of this subsection shall be Grade G.[1]
[1]
Editor's Note: See § 227-27, Violations and penalties.
B. 
It is unlawful for a person to bring in or permit any other person to bring upon their property any solid waste or unlawful solid waste in the City for disposal. The fine for violation of this subsection shall be Grade G.
C. 
The authorized collector shall assume full responsibility for the removal of solid waste within the City.
D. 
The authorized collector shall dispose of all solid waste collected within the City at a sanitary landfill or other facility approved by the Pennsylvania Department of Environmental Protection.
[Amended 2-11-2002 by Ord. No. 1841]
[Amended 12-9-1996 by Ord. No. 1701]
All owners of residential and commercial properties shall be required to use the services of the authorized recycling contractor to collect their recyclables for the purpose of compliance with this article and with Act 101.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A. 
All residential and commercial owners and/or occupants of property in the City of Greensburg shall separate recyclable materials as defined under § 227-5 from their regular refuse and waste and place the same in a hauler-issued designated recycling container utilizing single-stream recycling as defined under § 227-5 of this chapter.
[Amended 12-9-1996 by Ord. No. 1701; 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
B. 
All recyclable materials that contain or had contained food and/or other materials that may spoil or be unsafe shall be rinsed clean so not to cause any foul odors or risk the health and safety of the public.
C. 
All recyclable glass shall not be broken or be placed in the approved container at a point or position that the same will break before it is collected by the hauler.
[Amended 12-9-1996 by Ord. No. 1701; 2-11-2002 by Ord. No. 1841; 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
The City has designated a minimum of one container to store commingled recyclable materials in per residential unit. The approved hauler shall be responsible for delivering replacement recycling containers to customers on an as-needed basis upon request by the customer. The cost and storage of the containers will be the responsibility of the approved hauler. The hauler will be required to maintain a sufficient supply of the replacement cans to facilitate requested deliveries. The hauler shall be responsible for the collection and disposal of old containers as needed by customers upon the delivery of a new container.
A. 
All residential owners and/or occupants shall place the approved recycling container at the curbside separate from other rubbish or trash on and no earlier than the evening before the day of collection.
[Amended 4-12-2010 by Ord. No. 1992]
B. 
Recycling containers must be removed from the curbside by 7:00 p.m. on the day of collection.
A. 
All owners of commercial properties shall be required to use the services of the authorized collector for the purpose of compliance with this article, unless the same has and maintains a preestablished recycling program that has been approved by the Mayor and Council prior to the enactment of this article.
B. 
All recyclable items that are not collected in the preestablished recycling program must be collected by the authorized collector.
C. 
All owners and/or occupants of commercial properties shall separate recyclable materials from their regular refuse and waste and place the same in an approved container separate from rubbish and trash in such a manner that is agreed upon by the authorized collector.
D. 
All recyclable materials that contain or had contained food and/or other materials that may spoil or be unsafe shall be rinsed clean so not to cause any foul odors or risk the health and safety of the public.
E. 
All recyclable glass shall not be broken or be placed in the approved container at a point or position that the same will break before it is collected by the hauler.
[Amended 4-12-2010 by Ord. No. 1992]
In accordance with Subsection C of § 227-20 of this chapter, all owners and/or occupants of commercial properties shall be responsible for obtaining from the authorized collector adequate recycling container(s) to meet the needs of the tenants of their commercial properties. The approved container shall be placed at a central collection point for single-stream recycling. Owners and/or occupants of commercial properties containing more than four residential units where solid waste and recyclable materials are collected at a common site must provide recycling containers to adequately support their residential population.
A. 
The authorized collector or the commercial property owners with a preestablished recycling program must provide to the City Administrator written documentation of the necessary information that is sufficient for the City to meet the reporting requirements of Act 101[1] on or before a specified date that is set by the City Administrator for the City to meet certain deadlines of said Act.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B. 
Commercial properties with preestablished recycling programs must supply the City with monthly tonnage reports in accordance with Act 101.
[Added 12-9-1996 by Ord. No. 1701]
No person or entity shall be permitted to collect separated recyclable materials set out for collection within the City of Greensburg without permission from the governing body of the City of Greensburg. Notwithstanding any provision of this article, any person having ownership of recyclables may donate the same to any nonprofit organization; provided, however, that such donated material may not be placed for collection at nor collected from the curbside. The fine for violation of this subsection shall be Grade I.[1]
[1]
Editor's Note: See § 227-27, Violations and penalties.
[Amended 12-9-1996 by Ord. No. 1701]
A. 
"Yard waste" shall mean leaves, garden residues, shrubbery, tree trimmings and similar material, but not including grass clippings.
B. 
During the months of June, July, August and September, the contracted hauler shall pick up with regular garbage collection all leaf and yard waste placed in biodegradable bags and tree trimmings and brush cut and bundled in three-foot sections and weighing less than 40 pounds that are placed by residential customers at the curbside.
[Amended 4-12-2010 by Ord. No. 1992; 2-10-2014 by Ord. No. 2034]
C. 
During the fall, from the second week in October until the first snowfall or until the end of the first week in December (whichever occurs first) there will be no requirement for bagging of leaf waste. Residents may place leaf waste on the street along the curb to be collected by the City of Greensburg’s leaf vacuum machines in accordance with a weekly schedule that will be posted on the City’s website at www.greensburgpa.org.
[Added 4-12-2010 by Ord. No. 1992]
D. 
During the months of October through May, the City’s Street Department, upon request by calling 724-838-4344, will pick up bagged leaf waste placed in biodegradable yard waste bags. In addition, throughout the year, Street Department crews will collect piled brush and tree trimmings piled at the curb upon request by calling 724-838-4344.
[Added 4-12-2010 by Ord. No. 1992; amended 12-11-2017 by Ord. No. 2083]
A. 
The Council shall, prior to the end of the current contracting period, set standards and specifications for the bidding of the collection and removal and disposal for all solid waste and for the collection, removal and processing of recyclable materials in accordance with the City's Home Rule Charter and shall advertise for said bids, giving such notice as it may deem adequate for the purpose and reserving to the City the right to reject any or all bids. The City of Greensburg reserves the right at its option to reject any and all proposals and waive any and all technicalities, informalities or other deviations from the proposal documents. Proposals shall hold firm and may not be withdrawn until 60 days after the proposal opening date. If a satisfactory bid is submitted by one deemed by the Council to be a responsible bidder, the Council shall award to such bidder the contract.
B. 
It is the proposer's responsibility to make a complete inspection of the City of Greensburg so that he will be familiar with all conditions under which he makes a proposal.
C. 
The bidder awarded said contract shall follow all terms set forth in the contract agreement and in accordance with terms set for in this article.
A. 
The collector shall be responsible for billing all customers and collecting the fees charged under the terms of the contract.
[Amended 4-12-2010 by Ord. No. 1992]
(1) 
Billing of residential accounts. The collector shall be responsible for billing residential customers on a quarterly basis. The due date for each quarterly billing must be clearly noted on the invoice and can be no earlier than midway into a quarter. The collector shall bill the owner of all residential rental structures to include single-family duplex, and multi-unit rental properties where the units accumulate solid waste and recyclable materials individually. The owner of said rental properties shall be responsible for payment of the account(s) collected from the residential structure(s).
(2) 
Billing of commercial accounts: The collector shall be responsible for billing commercial accounts on a quarterly or monthly basis at the Collector’s discretion.
B. 
The contractor shall be entitled to file an action at law to collect any unpaid service charges. However, the contractor shall continue to pick up and remove all solid waste and recyclable items from any account that is delinquent. Nothing herein can excuse or exempt the contractor from collecting and disposing of all solid waste and recyclable items within the City of Greensburg.
C. 
The collector shall be required to provide, as needed, and pick up on an as-needed and/or regular basis all containers, toters, hand-stops, and any other garbage containers of solid waste and recyclable materials on City accounts at these specific locations: City Hall; Electric Department; Street Department; Mt. Odin Pro Shop; Mt. Odin back pavilions (April through October); Mt. Odin maintenance shed (November through March); Lynch Field; Hose Company No. 1; Hose Company No. 2; Hose Company No. 3; Hose Company No. 6; Hose Company No. 7; Hose Company No. 8; St. Clair Park; Hutchinson Parking Garage; Bell Parking Garage and the Five Star Trail near Highland Avenue entrance. The Collector shall be required to provide, on an as-needed basis, additional containers and removal of solid waste and recyclable materials during special annual events conducted on City-owned properties, i.e., the Community Days celebration at Lynch Field, SummerSounds Series at St. Clair Park, Fire Department carnivals, golf bashes, etc. and other special events as requested. Said collections of stated locations and events shall be without cost to the City.
[Amended 2-11-2002 by Ord. No. 1841; 2-10-2014 by Ord. No. 2034; 12-11-2017 by Ord. No. 2083]
D. 
The collector shall provide to the City Administration Office accurate monthly waste stream figures, including copies of all weight slips from the sale of recyclable materials, as required by the provisions of Act 101 of 1988[1] and Act 108 of 2010[2] (when applicable). Said reports shall be done on or before the last day of the following month, i.e., January reports are due on or before February 28. The report shall show the total weight in pounds and tons of items picked up monthly for each category (solid waste and recyclable). A report of annual activities is due on or before January 31 of each year showing a breakdown of individual items collected from residential, commercial, municipal and institutional pickups. The failure of the collector to provide required monthly and annual reports on time shall constitute a violation of the terms hereof.
[Amended 2-11-2002 by Ord. No. 1841; 2-10-2014 by Ord. No. 2034]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6031.101 et seq.
E. 
The collector shall have the duty to log all complaints and report the same to the Council on a monthly basis. Said log shall include the name, address and telephone number of the complainant, the nature of the complaint and the disposition thereof.
F. 
It shall be the responsibility of the collector to obtain keys to all accounts which require access to the premises immediately upon the awarding of this contract.
G. 
The Council shall, at any time after reasonable notice is given to the collector, have the right to examine the collector's books, accounts and other records regarding income and expenses for the collection of recyclable material or solid waste in the City of Greensburg.
H. 
The collector shall be responsible for meeting all requirements of the Pennsylvania Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988[3] and all ordinances of the City of Greensburg pertaining to the collection of solid waste and the disposal, recycling and reduction of said materials.
[3]
Editor's Note: See 53 P.S. § 4000.101 et seq.
I. 
All trucks shall have the name of the collector on both sides, said lettering to be at least five inches high and be uniform in color.
[Amended 2-11-2002 by Ord. No. 1841]
J. 
The collector shall have sufficient employees at all times in order to render adequate service. The collector shall keep and maintain all trucks in good repair and condition. All trucks shall be washed with water at the end of each day's use and shall be kept in a clean and sanitary condition.
K. 
The collector shall indemnify and save the City of Greensburg harmless from all liability imposed upon it by law and arising out of the collection, removal and disposal of solid waste, as well as the collection, removal and recycling of recyclable items.
L. 
The collector will comply with the workmen's compensation laws of the Commonwealth of Pennsylvania and will, at the collector's expense, procure such insurance as shall be necessary and adequate to cover and protect all his employees engaged in the collection, removal and disposal of recyclable items. Said policy shall be exhibited to the City upon demand. The certificate shall name the City of Greensburg as an additional insured.
[Amended 4-12-2010 by Ord. No. 1992]
M. 
Performance bond. The collector shall, within Twenty calendar days after receipt of notice that the contract has been awarded, and annually thereafter, file with the City Administration Office a performance bond with a surety licensed to do business in the State of Pennsylvania and acceptable to the City of Greensburg in the amount of $1,000,000.
[Amended 11-12-1991 by Ord. No. 1499; 2-11-2002 by Ord. No. 1841]
N. 
It is also agreed that the contractor shall be responsible for any loss, personal injury, death and/or other damage that may be done to or suffered by any employees of the contractor or any other persons in connection with the operations to be carried out pursuant to this contract and shall indemnify and save the City of Greensburg and/or any of its officers, agents or servants harmless against any claims for any such loss, injury, death and/or other damages, including cases of loss, injury and/or damages for which either or both of the parties hereto may or shall be liable.
O. 
Any person or persons under the direction or control of the contractor or his agents or servants or any person or persons performing the duties of the contractor which arise pursuant to these specifications or the contract shall be deemed to be employees of the contractor.
P. 
The collector shall, at his expense, obtain and keep in force a policy or policies of insurance insuring himself, his agents, employees and servants against all general and auto liability arising out of the collection, removal and disposal of solid waste and recyclable materials and the ownership, maintenance or use of any landfill provided by the collector, which policy or policies shall provide for the coverage of the payment of bodily injury and property damage in an amount of not less than $1,000,000 for each accident and not less than $2,000,000 for each aggregate. The collector shall cause a certificate to be issued to the City showing that such policy or policies are in force and effect and shall include the City as an additional insured. The collector shall indemnify and hold harmless the City for any and all claims with respect to the collection, removal and disposal of solid waste. The successful bidder shall, within 10 days after receipt of notification that the contract has been awarded, furnish certificates evidencing proof of all insurance required under the conditions set for in these bid specifications.
[Amended 2-11-2002 by Ord. No. 1841]
Q. 
Customer service. The collector shall maintain telephone(s) sufficient to provide a local or toll-free number to City residents and account holders with an adequate number of qualified personnel available to answer calls from customers at all times between the hours of 8:30 a.m. to 5:00 p.m., prevailing time, Monday through Friday. The failure of the collector to maintain adequate telephone numbers and personnel to address customer calls and complaints shall constitute a violation of the terms of the contract.
[Amended 2-11-2002 by Ord. No. 1841]
R. 
Maintenance bonds. When competitive bidding is required, a maintenance bond shall be submitted to the City naming the City an obligee in 100% of the contract price or such other amount as deemed adequate by the Council to insure maintenance of all improvements, work and materials for a period of at least 24 months or such other extended period of time as deemed necessary by the Council. In those cases where it is shown that such a maintenance bond is not commonly available, the Council may waive this requirement.
[Amended 11-12-1991 by Ord. No. 1499]
S. 
Labor and equipment. All labor and equipment of every kind necessary to carry out the provisions of these specifications shall be furnished by, and at the expense of, the collector. The collector shall provide a sufficient number of trucks to make all collections in accordance with published and distributed schedules. The trucks must be available for inspection and approval by the City. The collector must currently own and have in operable condition with current operating license and approved certificate of inspection, both issued by the Commonwealth of Pennsylvania prior to submission of bid, trucks equipped with devices or equivalent type of closed bodies and enclosed cargo space, necessary for the collection and recycling of solid waste. The collector shall submit to the City copies of approved certificates of inspection, copies of current licenses, proofs of compliance with the Federal Highway Administration Standards for Drug and Alcohol Testing for CDL drivers, and notify the City of any revocations or loss of CDL licenses.
[Amended 2-11-2002 by Ord. No. 1841; 4-12-2010 by Ord. No. 1992]
T. 
The contractor shall comply with Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[4] and Act 108 of 2010 (when applicable), as amended, relating to the transportation and disposal of garbage; with all applicable ordinances and resolutions of the City of Greensburg; with all applicable ordinances and resolutions of other municipalities (including the payment of all applicable fees and charges) through which the contractor's trucks and equipment will travel; and with all applicable rules, regulations and requirements of the County of Westmoreland, the Commonwealth of Pennsylvania and the federal government. Each proposer must submit with his bid a certified copy of the authorization which permits his method of recycling and/or disposal.
[Amended 2-10-2014 by Ord. No. 2034]
[4]
Editor's Note: See 53 P.S. § 4000.101 et seq.
U. 
Liquidated damages.
[Amended 2-11-2002 by Ord. No. 1841]
(1) 
The successful bidder shall specifically acknowledge that the provision of prompt and reasonable services to the customers of the City of Greensburg, as well as the provision of adequate reporting and documentation to the City itself, is critical for the proper performance under the terms of the contract. If, during the contract period, the collector shall fail to provide reports or documentation required or if the collector shall violate the provisions of the agreement relating to the hours of collection or responsiveness to customer calls and complaints, the collector shall be liable and pay over to the City liquidated damages of said violations in each calendar year of the contract period upon the following schedule:
(a) 
For the first technical violation, the City shall provide written notice to the collector in the form of a warning of violation, and the Collector shall take such reasonable actions necessary to address the problem.
(b) 
Upon a second violation, the City shall direct a written notification to the collector who shall, in addition to undertaking steps to remedy the violation and to provide written evidence of the same to the City, be liable and pay over to the City the sum of $500.
(c) 
For each subsequent violation in each calendar year, the City shall provide written notice of the violation, and the collector shall be liable and pay over to the City the sum of $1,000.
(2) 
Upon receipt of the aforesaid notice as to violation and an invoice for liquidated damages as set forth herein, the collector shall make payment to the City within 30 days from the date therefrom. The failure of the collector to undertake such payment of liquidated damages shall constitute cause of the cancellation of this agreement.
V. 
The operator of the truck shall stay in or near the vehicle at all times during the collection process and shall locate the truck so that traffic is disrupted or blocked as little as possible. The operator of the truck shall report spills or leaks of oil, hydraulic fluid, etc., to the City as soon as possible. In addition, there shall be a foreman present in the City of Greensburg during all collection operations. The foreman shall supervise the collection crews and report to the City Administration Office at least once on residential collection day(s) to receive written and/or verbal communications and complaints. He shall also be available via cell phone to receive messages of an urgent or emergency nature.
[Amended 4-12-2010 by Ord. No. 1992]
W. 
The contractor shall provide a discount of 15% to any senior citizen 65 years of age or older who is the head of household of any residential property within the City. This discount shall apply to the head of household. The owners of rental properties who are responsible for the payment of garbage at single-family, duplex and multi-unit residential structures will be eligible for this discount based upon their tenant population; in order to receive the discount, they will have to provide proof to Waste Management that a tenant is a senior citizen 65 years of age or older and the head of household. The contractor shall allow for payment in full on an annual basis in January with a two-percent annual discount for such payment to all residential property owners to include owners of residential rental properties.
[Amended 12-9-1996 by Ord. No. 1701; 2-11-2002 by Ord. No. 1841; 4-12-2010 by Ord. No. 1992]
X. 
Advertisements/customer notifications/distributions of educational materials.
[Added 12-9-1996 by Ord. No. 1701; amended 2-11-2002 by Ord. No. 1841]
(1) 
The successful bidder shall at his expense be required to deliver a written letter of introduction approved by the City Administrator via the United States Mail, to all residents informing them of the Collector’s customer service phone number, the customer’s scheduled day of pickup, the collection rate(s) for all residential dwellings including the Senior Citizen discount rate and the 2% annual payment discount, and any other information deemed necessary for inclusion by the City Administrator. The successful bidder shall also be required to insert the same notification into one local newspaper, the Tribune Review, on not less than two days, including one Sunday edition. The successful bidder shall place the first notification in the newspaper at least three weeks prior to the effective date of the contract period unless an exception to the three-week requirement is authorized by the City Administrator.
[Amended 4-12-2010 by Ord. No. 1992; 12-11-2017 by Ord. No. 2083]
(2) 
Educational materials. The collector shall be responsible for distribution of such educational materials relating to the solid waste and recycling programs as deemed necessary by the City. Approved methods of said distribution shall be by mailing such materials, inclusion within the recycling container, placing the material near the door of the residence, or by personal delivery to the resident. It is unlawful to place any items in a mailbox.
(3) 
Notification to customers of unacceptable recyclable materials. In the event any customer is placing unacceptable, nonrecyclable materials in the recyclable container, the collector shall deliver a preprinted three-inch by five-inch card to the property owners explaining that the commingling of recyclable and nonrecyclable materials is not acceptable. The successful bidder must submit to the City the preprinted card for approval of the wording on said card.
(4) 
Notification to customers of unacceptable solid waste or recyclable materials. In the event any customer is placing any solid waste or recyclable materials, to include bulky items, grass clippings, leaf and/or yard waste, etc., out in an unacceptable manner for pickup, i.e., unbundled brush, etc., or any material that the collector cannot pick up, i.e., construction materials, etc., the collector is to notify the customer of the reason collection of said items(s) was not conducted through the delivery of a three-inch by five-inch card placed upon the item stating why it was not collected.
[Amended 12-21-1994 by Ord. No. 1646]
A. 
The first violation of sections or subsections of this article in accordance for grades previously mentioned shall be set as follows:
Grade
Fine
A
Written warning sent by mail as return receipt requested to the owner or occupant of the property or the violator by the City's code office
B
$50.00
C
$100.00
D
$150.00
E
$200.00
F
$300.00
G
$400.00
H
$600.00
I
$800.00
J
$1,000.00
K
$2,000.00
B. 
For a second and subsequent violation, the fine shall be increased to the next grade higher. In the event that the fine reaches $600, the next and subsequent fines shall be increased by $150.
C. 
Each day of occurrence shall be considered a subsequent violation.
D. 
Specifically indicated fines for violations of sections or subsections of this article shall be marked at the end of any indicated section or subsection as "fines," with the grade of the violation off the first offense beside.
E. 
Fines for violations of any sections or subsections of this article that are not specifically indicated shall be set as Grade A of this section for a first offense.
F. 
The enforcement officer of this article may choose to first issue a written warning for any violations of this article in lieu of the specifically indicated grade, depending on its severity.
[Amended 12-9-1996 by Ord. No. 1701]
This article shall take effect immediately upon enactment, except those sections or provisions of this article that conflict with present agreements and/or contracts with approved collectors until such time that those agreements and/or contacts have expired.