[HISTORY: Adopted by the Board of Commissioners
of the Township of South Fayette as indicated in article histories.
Amendments noted where applicable.]
[Adopted 5-13-1991 by Ord. No. 374]
The short title of this article shall be the
"Township of South Fayette Recycling Ordinance," and the same may
be cited in that manner.
The following words and phrases used throughout
this article shall have the following meanings:
The Waste Planning, Recycling and Waste Reduction Act of
1988.[1]
Empty all-aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the township to collect
recyclable materials from residences or authorized by commercial,
township and institutional establishments that do not receive collection
services from the township to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes.
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.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage 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.
All white paper, bond paper and computer paper used in commercial,
institutional and township establishments and in residences.
Those facilities that house or serve groups of people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Includes but is limited to automotive, truck and industrial
batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
clipped shrubbery and tree trimmings, but not including grass clipped.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Paper of a type commonly referred to as "newspaper" 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 of color other than black
and white often included with newspapers.
Owners, lessees and occupants of residences and commercial,
township and institutional establishments.
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.
Materials generated by residences and commercial, township
and institutional establishments which are specified by the township
and can be separated from township 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 township waste, or the
mechanized separation and treatment of township waste (other than
through combustion) and creation and recovery of reusable materials.
Any occupied single or multifamily dwellings having up to
four dwelling units per structure for which the township provides
waste collection service.
The Township of South Fayette.
Public facilities operated by the township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material,
resulting from operation of residential, township, 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[2] from a township, commercial or institutional water-supply
treatment plant, wastewater treatment plant or air-pollution control
facility. The term does not include source-separated recyclable materials.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or so otherwise
disposed. The term does not include source-separated recyclable materials
or materials approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
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 the residences and all commercial, township 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 or such more frequent schedule as the township, by resolution,
shall establish by its designated agent or by any other solid waste
collectors operating in the township and authorized to collect recyclable
materials from residences or from commercial, township 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 article.[1] The Board of Commissioners is empowered to make changes to program regulations as necessary, as described in § 205-10. Subsequent changes in the program regulations may be made through approval of the Board of Commissioners and public notice and notification of all affected parties.
[1]
Editor's Note: The Recycling Program Regulations
for the Township of South Fayette are on file in the township offices.
Disposal by persons of lead-acid batteries with
other township wastes is prohibited and shall be a violation of this
article.
A.
All persons who are residents of the township shall
separate all of those recyclable materials designated by the township
from all other township waste produced at their homes, apartments
and other residential establishments, store such materials for collection
and shall place the same for collection in accordance with the guidelines
established hereunder.
(1)
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 article.
(2)
Collection systems.
(a)
An owner, landlord, manager or agent of an owner
or landlord or manager of a multifamily 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 or landlords and managers who comply with this article shall
not be liable for noncompliance of occupants of their buildings.
(b)
If recyclable materials are collected by a collector
other than the township or its authorized agent, owners, landlords
and agents of owners or landlords shall submit an annual report to
the township reporting the tonnage of materials recycled during the
previous year.
B.
All persons must separate leaf waste from other township
waste generated at their houses, apartments and other residential
establishments for collection, unless those persons have otherwise
provided for composting of leaf waste.
C.
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, township and institutional
establishments and from community activities and store the recyclable
materials until collection.
(1)
A person may be exempted from this subsection by:
(a)
Providing for the recycling of high-grade office
paper, aluminum, corrugated paper, leaf waste and other materials
deemed appropriate by the township.
(b)
Reports.
[1]
Submitting, at a minimum, an annual recycling
report to the governing body of the township. The report shall document
the amount of township waste generated per year, as well as the type
and weight of materials that were recycled in the previous calendar
year. Valid documentation shall include information from an end-user,
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:
[a]
Copies of weight receipts or statements which
consolidate such information;
[b]
A report from the provider of recycling collection
services which identifies the amount of each material collected and
marketed. The type and weight of recyclable generated by an individual
establishment may be approximated based on a representative sample
of its source-separated materials; or
[c]
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 recyclable generated
by an individual establishment may be approximated based on a representative
sample of its waste.
[2]
For Subsection C(1)(b)[1][b] and [c] 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 to an establishment.
(2)
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.
(3)
All employees, users (patrons) and residents of commercial,
township 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 of recyclable material that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
(4)
Waste minimization plan.
(a)
Commercial, township and industrial establishments
which generate more than 2,200 pounds of township waste per month
should also implement a waste minimization opportunity assessment,
which includes:
[1]
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.
[2]
A description of all possible waste minimization
options, including use and waste reclamation.
[3]
An evaluation of the economic and technical
feasibility of each option and a ranking of each option.
[4]
An estimate of the payback period for each feasible
option.
[5]
A statement of which options will be implemented,
including an explanation and a timetable.
[6]
Identification of the individual(s) who will
be responsible for implementing the plan.
(b)
The waste minimization plan should be periodically
updated. Implementation of the plan should include:
[1]
Recycling or composting of materials, to the
greatest extent feasible, either privately or through a township recycling
program.
[2]
Use, to the greatest extent feasible, of products
and materials which are recyclable or made of post-consumer materials.
[3]
Substitution, to the greatest extent feasible,
of durable and reusable products and materials for products that are
not durable or reusable.
[4]
Appropriate education materials and signs should
be made available to employees or the public to encourage participation
in recycling and waste reduction.
All recyclable materials placed by persons for collection by the township or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the township or the authorized collector, except as otherwise provided by § 205-8 of this article. Nothing in this article 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.
It shall be a violation of this article for
any person, firm or corporation, other than the township or one authorized
by the Board of Commissioners, to collect recyclable materials placed
by residences or commercial, township 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, township and
institutional establishments on one calendar day shall constitute
a separate and distinct offense, punishable as hereinafter provided.
Any residence or commercial, township 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, township or institutional establishment without prior
written permission from the Board of Commissioners or other entity
responsible for authorizing collection of recyclable materials to
make such a collection.
Disposal by persons of recyclable materials
with wastes is prohibited and shall be a violation of this article.
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 unless markets do not exist and the collectors or operators
have notified the township in writing.
A.
The township is hereby authorized and directed to
make reasonable rules and regulations for the operation and enforcement
of this article as deemed necessary, including but not limited to:
(1)
Establishing recyclable materials to be separated
for collection and recycling by residences and additional recyclable
materials to be separated by commercial, township and institutional
establishments.
(2)
Establishing collection procedures for recyclable
materials.
(3)
Establishing reporting procedures for amounts of materials
recycled.
(4)
Establishing procedures for the distribution, monitoring
and collection of recyclable containers.
(5)
Establishing procedures and rules for the collection
of leaf waste.
B.
[1] Any person, firm or corporation who shall violate the
provisions of this article shall be subject to the penalties hereinafter
provided:
|
Offense
|
Sanction
| |
|---|---|---|
|
First
|
Official written warning of noncompliance
| |
|
Second
|
Official written warning of noncompliance
| |
|
Third
|
Fine of not less than $100, plus costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
in the county jail for a term not exceeding 30 days
| |
|
Fourth
|
Fine of not less than $300, plus costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
in the county jail for a term not exceeding 30 days
| |
|
Subsequent
|
Fine of not less than $300, plus costs of prosecution
and, in default of payment of such fine and costs, to imprisonment
in the county jail for a term not exceeding 30 days
|
C.
The township reserves the right not to collect township
waste containing recyclable materials in combination with nonrecyclable
materials.
The township may enter into (an) agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable materials from the curbside.
The township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 205-10.
[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
This article shall be known and referred to
as the "Solid Waste Ordinance."
A.
ACT OR ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD WASTE
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases as used in this article
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]
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 that 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.
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 their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including but not limited to stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Any person, firm, copartnership, association or corporation
who has been licensed by the municipality or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
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 cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population and pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Any establishment engaged in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishments engaged in service, including but not
limited to hospitals, nursing homes, orphanages, schools and universities.
The Township of South Fayette, Allegheny County, Pennsylvania.
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.
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 article prescribing a fine, imprisonment or penalty or any
combination of the foregoing, the term "person" shall include the
officers and directors of any corporation or other legal entity having
officers and directors.
Any technology used for the purpose of reducing the volume
or 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.
All solid waste materials which are discarded as useless.
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.[2] The term "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.[3]
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 unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
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.
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
A.
It shall be unlawful for any person to accumulate
or permit to be accumulated upon any public or private property within
the municipality any garbage, rubbish, bulky waste or any other municipal
or residual solid waste except in accordance with the provisions of
this article, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
B.
It shall be unlawful for any person to burn any solid
waste within the municipality except in accordance with the provisions
of this article, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
C.
It shall be unlawful for any person to dispose of
any solid waste in the municipality except in accordance with the
provisions of this article, any Department rules and regulations adopted
pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.
D.
It shall be unlawful for any person to haul, transport,
collect or remove any solid waste from public or private property
within the municipality without first securing a license to do so
in accordance with the provisions of this article.
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 approval by 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 Act 97 and any Department
rules and regulation adopted pursuant to Act 97.
G.
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 municipality except as provided
in this article.
A.
The storage of all solid waste shall be practiced
so as to prevent the attraction, harborage or breeding of insects
or rodents and to eliminate conditions harmful to public health or
which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide
a sufficient number of approved containers to store all waste materials
generated during periods between regularly scheduled collections and
shall place and store all waste materials therein.
C.
Any person storing municipal waste for collection
shall comply with the following preparation standards:
(1)
All municipal waste shall be drained of free liquids
before being placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely
wrapped in paper, plastic or similar material or placed in properly
tied plastic bags.
(3)
All cans, bottles or other food containers should
be rinsed free of food particles and drained before being placed in
storage containers.
(4)
Garden clippings and tree trimmings shall be placed
in approved containers or shall be cut and tied securely into bundles.
Bundles shall be not more than four feet in length, not more than
two feet in diameter and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved
containers or shall be tied securely into bundles of not more than
40 pounds in weight.
(6)
When specified by the municipality or its designated
representative, special preparation and storage procedures may be
required to facilitate the collection and resource recovery of certain
waste materials.
D.
All municipal waste shall be stored in containers
approved by the municipality or its designated representative. Individual
containers and bulk containers utilized for storage of municipal waste
shall comply with the following standards:
(1)
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 leakproof, weatherproof,
insectproof and rodentproof.
(2)
Reusable containers for individual residences shall
have a tight-fitting cover and suitable lifting handles to facilitate
collection.
(3)
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.
(4)
Disposable plastic bags or sacks are acceptable containers,
provided that 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.
(5)
All containers, either reusable or disposable, shall
also comply with the minimum standards established by the National
Sanitation Foundation.
E.
Any person storing municipal waste for collection
shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered
at all times. Solid waste shall not protrude or extend above the top
of the container.
(2)
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.
(3)
Containers shall be used and maintained so as to prevent
public nuisances.
(4)
Containers that do not conform to the standards of
this article 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 municipality or its designated
representative.
(5)
Containers shall be placed by the owner or customer
at a collection point specified by the municipality or its designated
representative.
(6)
With the exception of pickup days when the containers
are placed out for collection, the containers shall be properly stored
on the owner or customer premises at all times.
(7)
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.
(8)
Containers for both refuse and recycling shall not
be placed at curbside to the designated collection point prior to
24 hours in advance of the designated collection time.
[Added 8-18-2008 by Ord. No. 9-2008]
F.
The storage of all municipal waste from multifamily
residential units, commercial establishments, institutions and industrial
lunchroom or office waste sources is subject to the regulations and
standards set forth in this article. 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
municipality.
A.
The municipality shall provide for the collection
of all garbage, rubbish and bulky wastes from individual residences
and multifamily residential sources with fewer than four units, or
it may contract with a private collector or collectors to provide
this essential residential collection service.
B.
All households and homeowners shall utilize the residential
collection service provided by the municipality unless they can demonstrate
that they have made alternative arrangements that are consistent with
this article and approved by the municipality.
C.
All multifamily residential sources (with more than
four units), commercial, institutional and industrial establishments
shall negotiate and individually contract collection service with
the municipality's collector or any other properly licensed waste
hauler of their choice.
D.
All residential garbage and rubbish shall be collected
at least once a week. Bulky wastes shall be collected following prior
arrangement with the municipality's collector and payment of any required
special fees.
E.
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 municipality reserves the right to require
more frequent collection when deemed necessary.
F.
Residential collection schedules shall be published
regularly by the municipality or its contracted hauler.
G.
All industrial, commercial and/or multifamily dwelling
collection activities whether through municipal collection or private
haulers within 500 feet of a residential structure shall be conducted
from Monday through Friday between the hours of 6:00 a.m. and 8:00
p.m. or on Saturday between the hours of 7:00 a.m. and 6:00 p.m.,
unless prior approval of any exception has been granted by the municipality.
No collection, hauling or transportation of solid waste shall be permitted
on Sunday. Industrial, commercial and/or multifamily outside of this
five-hundred-foot restriction can be conducted at any time, except
on Sundays, provided that the collection activities do not cause disruption
to the peace and tranquility of any residential area.
[Amended 2-20-2006 by Ord. No. 4-2006]
H.
All licensed haulers and haulers under contract with
the municipality shall comply with the following standards and regulations:
(1)
All municipal waste collected within the municipality
shall ultimately be disposed only at a landfill cited in the Allegheny
County Solid Waste Plan, 1990, or on subsequent revisions thereto.
(2)
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.
(3)
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.
(4)
Collection vehicles for rubbish and other nonputrescible
solid waste shall be capable of being enclosed or covered to prevent
roadside litter and other nuisances.
(5)
All solid waste shall be collected and transported
so as to prevent public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated
and maintained in a clean and sanitary condition.
A.
The governing body of the municipality shall be authorized
to make funds available, in accordance with the laws and procedures
of the municipality, 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.
B.
Annual fee schedules shall be published by the municipality
based on any competitively bid residential collection service contract
that may be awarded by the municipality.
C.
The municipality 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.
A.
All appeals shall be made in writing to the governing
body of the municipality.
B.
Pending a reversal or modification, all decisions
of the municipality shall remain effective and enforceable.
C.
Appeals may be made by any person who is aggrieved
by a new standard or regulation issued by the municipality. Said person
may appeal within 10 days after the municipality gives notice of its
intention to issue the new standard or regulation.
D.
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 municipality 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.
The municipality 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 article.
Any person who violates any provision of this
article shall, upon conviction, be guilty of a misdemeanor which is
punishable by a fine of not less than $50 nor more than $1,000 and,
in default of payment of such fine, by imprisonment for a period of
not more than 30 days. Each day of violation shall be considered a
separate and distinct offense.
