[HISTORY: Adopted by the Borough Council
of the Borough of Tarentum as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-9-1991 by Ord. No. 91-5]
The short title of this article shall be the
"Tarentum 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 Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988.[1]
All aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The entity or entities authorized by the municipality to
collect recyclable materials from residences or authorized by commercial
municipal and institutional establishments that do not receive collection
services from the municipality to collect recyclable materials from
those properties.
Those properties used primarily for commercial, industrial
purposes, governmental or institutional establishments and all community
activities.
Events that are sponsored by public or private agencies or
individuals that include but are not limited to fairs, bazaars, socials,
picnics and organized sporting events attended by 200 or more individuals
per day.
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 non-container 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 municipal establishments and in residences.
Those facilities that house or serve groups or people, including
but not limited to hospitals, nursing homes, orphanages, day-care
centers, schools and universities.
Include but are not be 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 clippings.
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.
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
The Borough of Tarentum.
Any garbage, refuse, industrial, lunchroom or other material,
including solid, liquid, semisolid or contained gaseous material,
resulting from operation of residential, municipal, commercial or
institutional establishments and from community activities and any
sludge not meeting the definition of residual or hazardous waste in
the Solid Waste Management Act[2] from a municipal, commercial or institutional water supply,
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
Paper of the type commonly referred to as "newsprint" and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisement and other matters of public interest. Expressly
excluded are newspapers which have been soiled, color comics, glossy
advertising inserts and advertising inserts printed in colors other
than black and white often included with newspapers.
Owners, lessees and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverages containers which may be
more specifically defined in the rules and regulations as amended.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the municipality
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
Recyclable materials may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetallic cans,
high-grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the municipality or specified
in future revisions to Act 101. The recyclable materials selected
by the municipality may be revised from time to time as deemed necessary
by the municipality.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed or processed as municipal waste or the
mechanized separation and treatment of municipal waste (other than
through combustion) and creation and recovery of reusable materials.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure for which the municipality
provides municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source-separated recyclable materials
or material approved by the Pennsylvania Department of Environmental
Protection for beneficial use.
A.
The municipality hereby establishes a recycling program
for the mandatory separation and collection of recyclable materials
of aluminum, steel and bimetallic cans (refer to rules and regulations
addendum[1]); clear, green and amber (brown) glass; and the separation,
collection and composting of leaf waste from all residences and all
commercial, municipal and institutional establishments located in
the municipality for which waste collection is provided by the municipality
or any other collector. Collection of the recyclable materials shall
occur bimonthly on the day scheduled for regular weekly garbage pickup
by the municipality, its designated agent or any other solid waste
collectors authorized to collect recyclable materials from residences
or from commercial, municipal and institutional establishments. The
recycling program shall also contain a sustained public information
and education program.
[1]
Editor's Note: Said addendum is on file in
the Borough offices.
B.
Specific program regulations are provided as an attachment
to this article.[2] The Council of the Borough of Tarentum is empowered to make changes to recycling program regulations as necessary, as described in § 210-10. Subsequent changes in the program regulations may be made through approval of the Council of the Borough of Tarentum as recommended by the Civic Library and Health Committee of Council with appropriate public notice and public vote and notification, as defined by the Borough, to all affected parties.
[2]
Editor's Note: Said attachment is on file
in the Borough offices.
Disposal by persons of lead acid batteries with
other municipal wastes is prohibited and shall be a violation of this
article.
A.
All persons who are residents of the municipality
shall separate all of those recyclable materials currently designated
by the municipality from all other municipal waste produced at their
homes, apartments and other residential establishments, store and
commingle such materials for collection and shall place the same for
collection in accordance with the guidelines established in this article
and the recycling program regulations, as amended. The present recyclables
designated are clear glass, green glass, amber (brown) glass, aluminum,
steel and bimetal cans (refer to rules and regulations addendum).[1] The municipality reserves the right to include additional
and/or to delete recyclables from the present recycling program regulations.
(1)
Persons in residences must separate recyclable materials
from other refuse. Recyclable materials shall be placed at the curbside
in containers provided by the municipality for collection no sooner
than 12 hours before the day of collection. Any containers provided
to residences for collection of recyclable materials shall be the
property of the municipality and shall be used only for the collection
of recyclable materials. Any resident who moves within or from the
municipality shall be responsible for returning the allocated container(s)
to the municipality 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. Real estate owners are responsible for the theft
or damage of their bins.
(2)
An owner, landlord, manager or agent of an owner,
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, landlords
or managers who comply with this article shall not be liable for noncompliance
of occupants of their buildings. If recyclable materials are collected
by a collector other than the municipality or its authorized agent,
owners, landlords and agents of owners or landlords shall submit an
annual report to the municipality reporting the tonnage of materials
recycled during the previous 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 multifamily
housing property.
[1]
Editor's Note: Said addendum is on file in
the Borough offices.
B.
All persons must separate leaf waste from other municipal
waste generated at their houses, apartments and other residential
establishments for collection unless those persons have otherwise
provided for composting of leaf waste.
C.
Persons must separate high-grade office paper, aluminum,
corrugated paper, leaf waste and such other materials as may be designated
by the municipality generated at commercial, municipal and institutional
establishments and from community activities of 200 persons per day
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 municipality.
(b)
Submitting, at a minimum, an annual recycling
report to the governing body of the municipality. The report shall
document the amount of municipal waste generated per year as well
as the type and weight of materials that were recycled in the previous
calender year. Valid documentation shall include information from
an end-use recycler or waste hauler which describes the type and weight
of each recyclable material that was collected and marketed.
[1]
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 recyclables 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 recyclables
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 municipality or its authorized agent, occupants of
said establishments shall submit an annual report to the municipality
reporting the type and weight of materials recycled during the previous
calender 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,
municipal and institutional establishments must be informed of the
recycling program. The education program should describe the program's
features and requirements and should include at a minimum an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type of recyclable material that
is to be placed in the receptacle and signs should be prominently
displayed stating the requirement of the program.
(4)
Commercial, municipal and institutional establishments
which generate more than 2,200 pounds of municipal waste per month
should also implement a waste minimization opportunity assessment
which includes:
(a)
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.
(b)
A description of all possible waste minimization
options, including use and waste reclamation.
(c)
An evaluation of the economic and technical
feasibility of each option and a ranking of each option.
(d)
An estimate of the payback period for each feasible
option.
(e)
A statement of which options will be implemented,
including an explanation and a timetable.
(f)
Identification of the individual(s) who will
be responsible for implementing the plan.
(5)
The waste minimization plan should be periodically
updated. Implementation of the plan should include:
(a)
Recycling or composting of materials, to the
greatest extent feasible, either privately or through a municipal
recycling program.
(b)
Use, to the greatest extent feasible, of products
and materials which are recyclable or made of post-consumer materials.
(c)
Substitution, to the greatest extent feasible,
of durable and reusable products and materials for products that are
not durable or reusable.
(d)
Appropriate education materials and signs should
be made available to employees or the public to encourage participation
in recycling and waste reduction.
D.
All rigid recycling containers supplied by the municipality
to residents shall be and remain the property of the municipality.
The containers shall remain with the residence and shall not move
with the resident owner or renter of any municipal dwelling. The Code
Enforcement Officer shall not issue an occupancy permit without proof
that a rigid recycling container provided by the municipality is on
premises and is in use.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 210-8 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.
A.
It shall be a violation of this article for any person,
firm or corporation, other than the municipality or one authorized
by the Council of the Borough of Tarentum or other entity responsible
for providing for collection of recyclable materials placed by residences
or commercial, municipal and institutional establishments for collection
by the municipality or an authorized collector, unless such person,
firm or corporation has prior written permission from the generator
to make such collection. In violation hereof, unauthorized collection
from one or more residences or commercial, municipal and institutional
establishments on one calendar day shall constitute a separate and
distinct offense punishable as hereinafter provided.
B.
It shall be unlawful for any person to collect, remove
or dispose of solid waste which contains designated recyclables combined
with other forms of solid waste.
Any residence or commercial, municipal or institutional
establishment may donate or sell recyclable materials to any person,
firm or corporation, whether operating for profit or not, provided
that the receiving person, firm or corporation shall not collect such
donated recyclable materials from the collection point of a residence
or commercial, municipal or institutional establishment without prior
written permission from the Borough Council or other entity responsible
for authorizing collection of recyclable materials to make such a
collection.
Disposal by any persons or agents of the Borough
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 Code Enforcement
Officer in writing.
A.
The Council of the Borough of Tarentum, upon recommendation
of the Civic Library and Health Committee of Council, 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 or elimination
of recyclable materials to be separated by commercial, municipal 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,
collection and replacement cost of recyclable containers destroyed
or stolen or otherwise unaccounted for by residents and real estate
owners.
(5)
Establishing procedures and rules for the collection
of leaf waste.
(6)
Fines.
B.
Except as hereinafter provided, any person, firm or
corporation who or which shall violate any of the provisions of this
article shall, upon conviction, be sentenced to pay a fine of not
more than $600 and costs of prosecution for each and every offense.
[Amended 12-27-1999 by Ord. No. 99-2]
C.
The municipality or its authorized agent reserves
the right not to collect municipal waste containing recyclable materials
in combination with nonrecyclable materials.
A.
The Council of the Borough of Tarentum shall have
the authority to impose and collect, for the use of the Borough, a
fee or charge to cover all or part of the expenses of the collection
and disposal of the recyclable materials, including reasonable fees
for administration. This charge, to be designated as the recyclable
collection charge, shall be fixed by resolution or ordinance of the
Council of the Borough of Tarentum as soon as practical after the
enactment of this article and may be changed from time to time by
resolution of the Council of the Borough of Tarentum. The recyclable
collection charge shall be imposed on an annual rate and shall be
billed and payable in advance, on a monthly basis, each bill to be
rendered with the resident's water bill unless owner of the real estate,
if different, wishes to pay water bill, garbage collection and recycling
charges himself by arrangements made through the office of the Borough
of Tarentum.
B.
The rate is also subject to change upon market conditions
and value of recyclables as reflected in a change of costs submitted
by duly authorized collecting agent of the Borough. In the alternative,
the Council may so choose to include the recycling fee in its monthly
garbage billing fee, subject to change upon market conditions and
value of recyclables as reflected in a change of costs submitted by
duly authorized collecting agent of the Borough.
The municipality may enter into an agreement
or agreements with public or private agencies or firms to authorize
them to collect all or part of the recyclable materials from outside.
The municipality may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 210-10.
[Adopted 9-9-1991 by Ord. No. 91-6; amended 12-29-2017 by Ord. No. 17-04]
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 DEMOLITION WASTE
COVERED DEVICE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
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 agronomic, horticultural,
silvicultural and agricultural crops or commodities grown on what
are usually recognized and excepted 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.
Shall be the equivalent of "covered device" as defined in
the Covered Device Recycling Act[2] (Act 108 of 2010), as amended from time to time.
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 to
the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, or vectors.
Any person, firm, copartnership, association or corporation
who or which has been licensed by the Borough 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 or 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 establishment engaged in service, including but not limited
to hospitals, nursing homes, orphanages, schools and universities.
Garbage, refuse, industrial lunchroom or office waste or
other material, including solid, liquid, semisolid or contained gaseous
material resulting from operation of residential, municipal, commercial
or institutional establishments and from community activities; and
any sludge not meeting the definition of residual or hazardous waste
under Act 97 from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
The Borough of Tarentum, Allegheny County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, 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 all 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. See 52 P.S. § 30.51 et seq. Residual
waste shall not include treatment sludges from coal mine drainage
treatment plants, disposal of which is being carried on pursuant to
and in compliance with a valid permit issued pursuant to the Clean
Streams Law.[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 pumping 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.
Those materials separated at the point of origin for the
purpose of being recycled.
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 any 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.
It shall be unlawful for any person to:
A.
Accumulate or permit to accumulate upon any public or private property
within the Borough any garbage, rubbish, bulky waste or any other
Borough or residual solid waste except in accordance with the provision
of this article, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
B.
Burn any solid waste within the Borough 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.
Dispose of any solid waste in the Borough 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.
Haul, transport, collect or remove any solid waste from public or
private property within the Borough without first securing a license
to do so in accordance with the provisions of this article.
E.
Scavenge any materials from any solid waste that is stored or deposited
for collection within the Borough without prior approval by the Borough.
F.
Salvage or reclaim any solid wastes within the Borough except at
an approved and permitted resource recovery facility under Act 97
and any department rules and regulations adopted pursuant to Act 97.
G.
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 Borough except
as provided in this article.
H.
It shall be unlawful for any person to place in solid waste a covered
device or any of its components.
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 free of 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 Borough 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
Borough 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 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 container 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 standard 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 Borough or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
(6)
With the exception of pickup days when the containers are placed
out for collection, the container 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 solid waste or recyclable materials shall be set out
at the collection point no earlier than 4:00 p.m. on the day preceding
the day designated for collection. The resident, occupant or person
in charge of the property from which solid waste or recyclable materials
have been collected shall remove or cause to be removed all emptied
storage containers from the collection point not later than 10:00
p.m. on the day of collection. No storage container may be placed
or maintained at the collection point except during the days and times
listed in this subsection.
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 Borough.
A.
The Borough shall provide for the collection of all garbage, rubbish
and bulky wastes from individual residences and multifamily residential
sources with fewer than three 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 Borough unless they can demonstrate that they
have made alternate arrangements that are consistent with this article
and approved by the Borough.
C.
All multifamily residential sources (with more than three units),
commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice
and shall be required by this article to provide a refuse dumpster
to their tenants that is large enough to store their solid waste until
pickup.
D.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the Borough'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 Borough reserves the right to require more frequent
collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by
the Borough or its contracted hauler.
G.
All solid waste collection activity shall be conducted from Monday
through Friday between the hours of 7:00 a.m. and 6:00 p.m. or on
Saturdays between the hours of 7:00 a.m. and 6:00 p.m., unless prior
approval or any exception has been granted by the Borough. No collection,
hauling or transporting of solid waste shall be permitted on Sunday.
H.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Borough 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 government body of the Borough shall be authorized to make funds
available, in accordance with the laws and procedures of the Borough,
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 borough on any competitively
bid residential collection service contract that may be awarded by
the Borough.
C.
The Borough's contracted hauler and other licensed haulers shall
be responsible for the collection of any fees for solid waste collection
and disposal services provided to residential, commercial, institutional
or industrial sources within the Borough.
A.
All appeals shall be made, in writing, to the Council of the Borough.
B.
Pending a reversal or modification, all decisions of the Borough
shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation issued
by the Borough may appeal within 10 days after the Borough 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 Borough 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 Borough may petition the Court of Common Pleas 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 summary offense which is punishable
by a fine of not less than $300 nor more than $500 or, in default
of payment of such fine, then by imprisonment for a period of not
more than 10 days, or both. Each day of violation shall be considered
a separate and distinct offense.
