[Adopted 8-23-1990 by Ord. No. 204]
The following words, as used in this article,
shall have the meanings hereby ascribed to them, unless the context
clearly indicates a different meaning:
All aluminum beverage or food cans which have been emptied.
Any occupied multifamily structure having three or more dwelling
units per structure for which the Township does not provide municipal
waste removal services.
Empty food or beverage containers consisting of steel and
aluminum.
All items which are too large to bag, can or bundle, including
furniture, large appliances, furnaces, automobile tires and automobile
parts.
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.
Every refuse, accumulation of animal, fish, fowl, food, fruit
or vegetable matter that attends the preparation, use, cooking, dealing
in or storage of meat, fish, fowl, food, fruit or vegetable or any
other organic substance or substances subject to fermentation or decay,
including condemned food, tin cans, bottles, broken glass or crockery
and cooking utensils.
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 municipal 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 not limited to, automotive, truck and industrial
batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
Facilities owned and/or operated by a municipality as defined
herein.
Any county, city, borough, incorporated town, Township or
home rule municipality.
A source-separation and collection program for recycling
municipal waste or source-separated recyclable materials or a program
for designated drop-off points or collection centers for recycling
municipal waste or source-separated recyclable materials that is operated
by or on behalf of a municipality. The term includes any source-separation
and collection program for composting yard waste that is operated
by or on behalf of a municipality. The term shall not include any
program for recycling construction/demolition waste or sludge from
sewage treatment plants or water supply treatment plants.
Any garbage, refuse, rubbish, bulk rubbish, 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 in the Solid Waste Management Act, 35 P.S. § 6018.101
et seq., from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials
or lead acid batteries or any other items excluded from collection
by the contractor under its contract with the Township.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department of Environmental Protection of the Commonwealth
(DEP), under the Solid Waste Management Act, 35 P.S. § 6018.101
et seq. The term shall not include any facility that is used exclusively
for disposal of construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Includes paper, the type commonly referred to as "newsprint"
and distributed at fixed intervals, having printed thereon news and
opinions and containing advertisements and other matters of public
interest. Expressly excluded are "newspapers" which have been soiled,
color comics, glossy advertising inserts and inserts printed in color
included with "newspapers."
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency (including, but
not limited to, the Department of General Services and the State Public
School Building Authority) or any other legal entity whatsoever 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.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Township
and can be separated from municipal waste and returned to commerce
to be reused as a resource in the development of useful products.
"Recyclable materials" may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetal 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 of 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.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin and raw materials. The term "recycling
facility" shall not mean transfer stations or landfills for solid
waste nor composting facilities or resource recovery facilities.
All discarded articles or materials, including rubbish and
incombustible waste, except sewage and liquid waste. Paint cans are
included under "refuse," but must be empty for disposal.
Any occupied single-family or multifamily structure having
up to two dwelling units per structure for which the Township provides
municipal waste collection service.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off site, whether or not the
facility is operated to recover energy.
All rags, paper, grass cuttings, household refuse, straw
excelsior and such other refuse as may result through ordinary household
pursuits and which may be destroyed by burning, including incinerator
ashes and refuse from burners. Parts of trees not more than four feet
in length and six inches in diameter are included in the term "rubbish,"
as are Christmas trees in December, January and February.
"Solid waste" as defined in the Act of July 7, 1980 (P.L.
380, No. 97), known as the "Solid Waste Management Act," 35 P.S. § 6018.101
et seq.
The Act of July 7, 1980 (P.L. 380, No. 97), 35 P.S. § 6018.101
et seq.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
A.
The Township of West Deer, from time to time, may
provide for the collection and removal of municipal waste or any one
or more classes thereof from dwelling structures of one- and two-family
units within the Township, either by the Township through its own
employees, by a collection contract through a contractor or by a contractor
under an exclusive contract or franchise. If the Township desires
to exercise its right to issue a contract or an exclusive contract
or franchise, the proper officials of the Township are hereby authorized,
empowered and directed to execute any appropriate agreement with the
lowest responsible bidder determined after competitive bidding, provided
that municipal waste, as the case may be, may be collected and removed
from apartments, industrial establishments and commercial establishments
by any person licensed by the Township to do so, under such arrangements,
financial and otherwise, as may be made by such collector and the
owner of every such apartment and/or industrial establishment and/or
commercial establishment served by him or her. Such license shall
be issued a collector by the Township Manager/Secretary on a calendar-year
basis, the fee as set from time to time by resolution of the Board
of Supervisors for any year or remaining portion thereof.
[Amended 1-22-1997 by Ord. No. 265]
B.
All municipal waste collected in the Township shall
ultimately be disposed only at a landfill cited in the Allegheny County
Solid Waste Management Plan 1990, or on subsequent revisions thereto.
No person, other than the Township's own employees
or a person operating under a valid and current contract, franchise,
permit or license issued by the Township as herein provided, shall
collect or remove any municipal waste from any premises in the Township
of West Deer.
If the Township desires to issue an exclusive
contract, franchise or privilege for municipal waste collection, all
persons, including owners, residents and lessees of dwellings of one
and two units within the Township of West Deer, shall be and are hereby
required to utilize and subscribe to the aforesaid exclusive contract,
franchise or privilege for collection and disposal service and to
pay for the same in accordance with the rates and charges as are set
forth in any agreement executed by the Township of West Deer.
It shall be the duty of the owner and/or occupant
of every structure in the Township of West Deer, subject to this article,
to provide a suitable and watertight receptacle, provided with a lid
(airtight as near as may be), not exceeding 40 gallons' capacity,
or an equivalent plastic bag to serve as a municipal waste receptacle.
Municipal waste receptacles or equivalent plastic
bags shall be placed at the curb for collection by the collector once
each week at a time indicated by said collector. "At the curb" shall
mean the side of any public road and shall also mean the side of a
private road when there are two or more houses on the private road
and the private road is of sufficient width to enable the collector's
truck to travel the road and have the means to turn around within
a roadway or driveway. If the collector is required to drive on private
roads, the owners of the private road must waive damages should any
damages occur as a result of the use of the road by the contractor's
equipment. For owners paying for rear yard service, the distance from
the street to the point of pickup shall not be over 150 feet, and
for any distance over 150 feet, the collector and owners may negotiate
the fee to be charged for a rear yard pickup. The receptacles to be
picked up must be located outside for all rear yard service. The rear
yard service shall be limited to no more than two standard thirty-two-gallon
garbage cans or equivalent plastic bags for municipal waste, all other
municipal waste shall be placed at the curb. All bulk rubbish and
Christmas trees shall be placed at the curb with the municipal waste
receptacles.
The amount and type of municipal waste at the
curb shall be unlimited, except as aforementioned and as noted below:
A.
The collector is not required to pick up remodeling
and construction materials, paving material, cement, stones, sand,
dirt, broken concrete, concrete wash tubs, automobile parts, sod,
oil-base paint, flammable liquids, metal fifty-five-gallon drums and
metal grease drums.
B.
The collector may negotiate with the owners for an
additional charge, to remove the items outlined in this section. It
is the responsibility of the collector to notify owners which items
are not required to be picked up.
C.
The collector is specifically precluded from collecting
designated recyclable materials and lead acid batteries as part of
municipal waste.
The collection and removal of municipal waste
materials shall be effected on the same day of the week, each week,
and will be picked up between the hours of 6:00 a.m. and 6:00 p.m.,
Monday through Friday, provided that, in case a scheduled collection
would provide for collection on a holiday, the collector shall provide
sufficient additional vehicles during the week of the holiday in order
that all the material will be collected on days other than the holiday.
Collection will be accomplished during the week in which the holiday
is observed. The collector is required to notify the Township and
owners, in writing, of scheduled holidays when no pickup will occur
and/or any changes in the pickup schedule due to any holiday.
[Amended 1-22-1997 by Ord. No. 265]
The sole cost of collection, removal and disposal
of municipal waste material will be collected by the collector from
the property owner on a quarterly basis, to be billed the first day
of the quarter. Owners shall be given 45 days from the billing date
to submit their payment. The collector shall have the right to collect
a service charge for late payments, as set from time to time by resolution
of the Board of Supervisors, if the payment is not received within
60 days of the billing date.
A.
Rear yard service fee. Owners desiring rear yard service
shall pay an additional charge, as set from time to time by resolution
of the Board of Supervisors, and shall pay said amount for one year
of rear yard service in advance and in addition to the standard monthly
charge which shall be paid on a quarterly basis and in accordance
with the aforementioned schedule.
B.
Senior citizen fee discount. The collector shall offer
to households owned or leased by one or more senior citizens of West
Deer (65 years of age and older) the option of purchasing stickers
or bags from the collector, as set from time to time by resolution
of the Board of Supervisors.
C.
The Township of West Deer requires all trash billing
accounts be made in the property owner's name and be sent to the property
owner's primary place of residence. Property owners are responsible
for the billed trash service at the property owned.
[Added 4-20-2005 by Ord. No. 335]
A.
It shall be unlawful for any person or persons to deposit any municipal waste, recyclable materials or other items in any stream or other body of water or to keep or store the same in any place in the Township, except in an appropriate receptacle as prescribed in this article and in Article I, Recycling, of this chapter.
B.
It is prohibited for any person to place or park,
own, rent or direct the placing or parking of one or more municipal
waste or recyclable materials, receptacles, dumpsters, or other objects
which are not motor vehicles on any public street, alley or way in
the Township of West Deer at any time.
A.
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000, plus costs, and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
B.
In addition to the fines and penalties herein set
forth, the Board of Supervisors of the Township of West Deer or an
officer of the Township may institute, in the name of the Township,
any appropriate action or proceeding to prevent and restrain any act,
conduct, business or other thing constituting a continued violation
of any of the provisions of this article, excepting and excluding
the collection of rates and charges for municipal waste and removal
services under an exclusive contract, franchise or privilege.
