[Adopted 8-26-2008 by Ord. No. 1228]
Pursuant to the authorization granted by Act 581 of the General
Assembly, approved February 1, 1966, § 102[1] (the Borough Code), as amended, the purpose of this article
is to promote, protect and facilitate the public health, safety, morals,
and general welfare by:
A.
Regulating the collection, accumulation and storage of solid wastes
so as to:
(1)
Retard the propagation and the harboring of rats, mice, mosquitoes,
flies and other vermin.
(2)
Eliminate filth and filthy deposits.
(3)
Eliminate unattractive nuisances which may endanger the safety of
children.
(4)
Reduce the potential pollution of land, air or water and the disease-producing
potential of decaying organic matter.
(5)
Reduce the potential for spontaneous combustion and fire.
B.
Providing the safe, orderly and economic collection and removal of
accumulated waste.
[1]
Editor's Note: See 53 P.S. § 4000.102.
In this article, unless another meaning is plainly required,
the following terms shall have the meanings indicated in this section:
A person, company or contractor with whom or which the Borough
has entered into a contract by which such person or firm collects
and removes solid waste and/or recyclables as provided in this article
and in such contract.
Large household appliances, such as stoves, refrigerators,
television sets, washing machines or the equivalent in size in furniture
and furnishings, fixtures, tools, machinery or parts thereof and similar
items.
A watertight, galvanized sheet metal or plastic receptacle
not exceeding 32 gallons in capacity, four cubic feet or 12 pounds
when empty and 40 pounds when full, fitted with at least one sturdy
handle and a tight cover equipped with a handle. Such can shall be
rodentproof and insectproof and shall be kept in a sanitary condition
at all times. Alternate receptacles such as bags, boxes and bundles
may be used in place of cans, provided that a customer's primary
receptacle shall always be a can.
Every person, firm, partnership, association, institution
and corporation utilizing solid waste collection or recyclables collection
services in the Borough of Ambridge. The term shall also mean the
occupant and/or the owner of the premises for which service mentioned
in this article is rendered.
Those containers that exceed the limits by weight or size
that may be handled by a person, and therefore must be dumped with
the assistance of machinery. ("Size" = capacity.)
Any building or portion thereof which contains living facilities,
including provision for sleeping, eating, cooking and sanitation,
and including not more than one kitchen for not more than one family.
Waste from the preparation, cooking and consumption of foods,
market refuse, waste from handling, storage and sale of produce, contaminated
or spoiled foods, other wet matter that is disposed of as household
waste.
Those waste products which the Borough collector is unable
to collect, transport or dispose of because of potential danger therefrom
to personnel, equipment or landfill site or which rules of the Health
Department, the Commonwealth of Pennsylvania, Department of Environmental
Protection, Division of Solid Waste, or the Environmental Protection
Agency, prohibit it from collecting, transporting or disposing of
through the designated disposal system.
A building that has more than one separate and distinct units,
at least one of which is used for commercial enterprise. Other units
may be used as residential units.
A multiple-unit residence with two or more dwelling units
on a consolidated solid waste collection bill.
Any public way used by the public for travel, including alleys.
Materials which have passed through their originally intended
usage, have use or value as a commercial commodity, and are intentionally
separated from solid waste by their original consumer for collection
for the purpose of reuse, reprocessing or remanufacture in accordance
with the methods prescribed in this article and Act 101. Recyclable
materials include but are not limited to paper, cardboard, metal,
aluminum, glass, plastic, yard debris, or other materials as may be
designated now or hereafter by Borough administrative rule and/or
the Beaver County Comprehensive Solid Waste Management Plan.
Transforming or remanufacturing materials into usable or
marketable materials for use other than landfill disposal or incineration,
except in the case of source-separated wood waste which has limited
material use for use as fuel. Recycling includes composting of source-separated
organics but not composting of mixed waste.
The combination of rubbish and garbage as defined in this
section.
Any house, dwelling, multiunit residence, apartment house,
or any building put to residential use.
A by-product of the transformation or remanufacture of a
recyclable material into a usable or marketable material.
Paper (except newspaper), wood, excelsior, plastics, rags
and cloth, leather, rubber, metals, tin cans, metal foils, ceramics,
crockery and similar items normally produced by originating from private
residential occupancy or material similar in nature, weight and material
to waste produced from a private residential occupancy. Rubbish specifically
excludes materials designated as recyclable.
All one-unit houses, as well as duplexes, triplexes, fourplexes
or mobile homes with individual collection and billing located on
a public street, private drive or private road.
Includes all forms of putrescible and nonputrescible wastes,
including but not limited to garbage, rubbish, refuse, household,
animal waste, dead animals, nonrigid containers (bags), residential
ashes, industrial wastes, swill, demolition waste, special waste and
construction wastes, other materials and substances that are currently
or may in the future be included in the definition of "solid waste"
in 35 P.S. § 6018.103 and which are accumulated in any public
or private residence or commercial, business or industrial establishment.
"Solid waste" shall not include industrial by-products, nor sewage,
and shall not include hazardous wastes or recyclable material which
is source-separated and set out for recycling purposes, as such terms
are defined in this article.[1]
The separation of recyclable materials from solid waste for
the purpose of recycling at the place where the recyclable material
and solid waste originates.
Collection of regular service, upon request of the customer,
on a day or at a time other than the regularly scheduled day and time.
Any amount collected upon such request which is in excess of the regularly
scheduled service shall be charged for at the extra can or extra yard
rate, as applicable.
Solid waste which cannot be collected by the Borough collector
through its normal collection and/or requires special preparation
by the customer prior to collection and special handling by either
the collector or other disposal system due to its large size or volume,
dustiness or other unique feature. Special waste includes but is not
limited to:
Dead animals;
Tires;
Batteries;
Used motor oil;
Noninfectious medical waste;
Discarded or abandoned vehicles or parts thereof;
Discarded home and industrial appliances;
Discarded furniture and mattresses;
Asbestos packaged and handled in accordance with applicable
laws and permits;
Wastes listed in the definition of solid waste that by virtue
of its size, weight or shape may require special handling;
Municipal refuse ash and sewage sludge incinerator ash disposed
in accordance with applicable laws and permits;
Residue or debris from the cleanup of a spill or release of
chemical substances, commercial products or wastes that require special
approval by the Pennsylvania Department of Environmental Protection,
but which are not themselves hazardous wastes;
Sewage sludge dewatered in accordance with applicable state
and federal regulations;
Restaurant waste grease;
Residue and debris from wastewater treatment plant operations;
Livestock manure; or
Other wastes that because of changes in any applicable Pennsylvania
law may no longer be treated as solid waste but may be handled under
special requirements set forth in applicable statute, rule or permit.
"Special waste" does not include hazardous waste or source-separated
recyclables.
Commercial contractors who are certified and/or meet applicable
laws and regulations to handle certain special waste, including medical
waste, restaurant grease, asbestos, residue or debris from a cleanup
of a spill or release of chemical substances, street sweeping debris,
catch basin cleanout waste and other special wastes, as may be now
or hereafter designated by Borough administrative rule or the Beaver
County Comprehensive Solid Waste Management Plan, of which self-hauling
these wastes is an incidental part of their business.
A.
All occupied or unoccupied premises and construction/demolition sites
are required to have solid waste collection service. All premises
that have solid waste and/or recycling service must follow the provisions
of the ordinances of the Borough of Ambridge.[1]
B.
The Borough of Ambridge has implemented a system of universal compulsory
garbage/solid waste collection for all structures, regardless of their
use, which use as their solid waste receptacles cans, bags or other
hand-handled receptacles. The Borough has provided for the collection
of the solid waste through a contract with a private hauler. All persons,
unless exempt through the provisions of this article, shall utilize
and be required to pay for this collection service.
C.
Owners of commercial, industrial, multiunit dwellings and mixed-use
structures may utilize private contracted dumpster services which
are not part of the Borough's collection contract.
It is the duty of every person in possession, charge or in control
of any house or dwelling, or of any rooming house, multiunit residence,
apartment house or trailer, to keep or cause to be kept an individual
garbage can for each dwelling or unit therein, provided, in lieu of
cans, multifamily units and mixed-use buildings may use dumpsters
as hereinafter specified. No type of any garbage cannot be transported
from said location to another location.
A.
The person in control of such dwelling or rooming house, apartment
house or trailer shall deposit or cause to be deposited in the proper
container all solid waste accumulating on the premises. When refuse
is placed in any of the cans, the lid shall be properly replaced.
Each can shall be kept clean inside and out to reduce odors. Each
can shall be left at the curb no earlier than 12:00 noon on the day
before the scheduled pickup day and shall be removed from the curb
no later than 12:00 noon the day after the scheduled pickup day. Those
customers with alley collection may leave their containers with covers
in the alley unless the collector or Borough requests the customer
to store the container elsewhere due to space constraints, or health
and safety concerns. No bags are permitted in the alleys until 12:00
noon the day before the day of scheduled collection.
B.
The proper container for the disposal of garbage is a can. Each dwelling
unit shall provide two proper containers for the disposal of garbage.
The proper container for the disposal of rubbish may be a sealed bag,
where the bag has sufficient strength to carry the materials that
are deposited into it, but the bags may not be placed outside or in
any Borough alley for collection before noon the day before collection,
as designated by the Borough collection schedule. The Borough of Ambridge
administrative rules and/or the collector of the waste shall govern
the proper container for other solid waste, whichever has the more
rigid requirements.
C.
No person shall cast, place, sweep or deposit anywhere within the
Borough any refuse in such a manner that it may be carried or deposited
by the elements upon any street, sidewalk, alley, sewer, parkway or
other public place or into any occupied premises within the Borough.
D.
Any unauthorized accumulation of refuse on any premises is hereby
declared to be a nuisance and is prohibited.
A.
It is the duty of every person in possession, charge or control of
any shop, place of business or manufacturing establishment wherein
solid waste is created or accumulated to keep or cause to be kept
in a place accessible to the collector a sufficient number of garbage
cans such as are required for residential users, and subject to the
same conditions as expressed within this article, or at its discretion,
said business or manufacturing establishment may choose to use dumpsters
suitable for mechanical handling for such refuse.
B.
All such containers shall be kept clean inside and out to reduce
odors. Such dumpster shall have a lockable lid, reflective striping,
the name and telephone number of the dumpster owner and hauler, and
shall be placed at the unit in such a way that it does not interfere
with traffic flow, including that of public safety and public works
vehicles.
C.
Dumpster lids shall be kept closed.
D.
All garbage which is placed in a dumpster must be in bags. Rubbish
may be placed without bags into the dumpster. It is the responsibility
of the business owner to prevent rubbish from being strewn from the
dumpster.
A.
Construction/demolition debris must be placed in an appropriate receptacle
or removed within 72 hours of placement outside of a structure. It
is the responsibility of the property owner to ensure proper disposal
of such material. This debris may not be disposed of through the Borough
contract for solid waste removal.
B.
Specialty yard debris (branches, trees, leaves) will be collected
by the Borough in accordance with policies and procedures which are
developed by the Borough and may from time to time be amended by the
Borough.
C.
A special waste collector, as certified by the Pennsylvania Department of Environmental Protection and as defined in § 252-17, must handle all special waste. The generator of such waste must maintain the records of the manifest for this collection for a period of not less than two years.
D.
No hazardous waste may be disposed of through the Borough contract
or anywhere within the Borough of Ambridge.
A.
It is unlawful for any person, firm or corporation conducting any
hotel, restaurant or any public eating place to deposit, throw or
place swill or other refuse food matter in a lane, alley, street or
other public place, or to deposit, throw or place any swill or other
refuse food matter upon any private property, regardless of ownership.
B.
It is unlawful for anyone other than the owner or renter of the garbage
can, container or drop box or compactor to deposit any solid waste
or other material therein except with the permission of such owner
or renter.
C.
The Borough Code Enforcement Official may make adjustments to this
article based on the limitation of space, safety and traffic concerns.
A.
Whenever solid waste is dumped in violation of this article and the
material is found to contain three or more items bearing the name
of one individual, there shall be a nonrebuttable presumption that
the individual whose name appears on such items committed the unlawful
dumping.
B.
No solid waste or recyclables collecting shall be done in any residential
zone before 7:00 a.m. or after 6:00 p.m. The collectors shall respond
to any noise complaints from residents in areas adjacent to such districts
and shall comply with reasonable Borough directives to resolve such
noise complaints.
A.
The person in charge of the premises likewise shall or shall arrange
to place recyclable materials in the recycling bins or containers
as specified by the Borough or collector. He shall place the recycling
bins within five feet of the curb or edge of the public street abutting
the property; shall set them out at the curb no earlier than 12:00
noon on the day before the scheduled pickup day and shall remove them
from the curb no later than 12:00 noon the day after the scheduled
pickup day. In the event that the dwelling has recycled goods that
are in excess of the recycling containers, a clear bag must be used
to present recycling goods for collections to ensure the safety of
the waste hauler. The person or entity in control of any apartment
house or other multifamily structure shall provide an area on the
premises for the location of recycling containers for use by all residents
of such facilities.
B.
All recycling materials shall be prepared in accordance with the
requirements provided by the Borough's contracted collector of
recyclable materials.
A.
There shall be a charge in an amount as established from time to
time by resolution of Borough Council per calendar year per dwelling
unit for the service of solid waste collection to be paid by the occupant
of each dwelling unit.
B.
For nondwelling units, the Borough shall establish a policy of determining
per-unit equivalents, and the refuse charge will be calculated accordingly.
C.
The fee for solid waste collection will be billed and is payable
in advance on a quarterly basis, with said schedule to be implemented
by the Borough Manager, unless the entire garbage collection fee is
paid for the entire year in advance.
D.
A discount of 10% shall be allowed if the total annual fee is paid
in advance by January 31 of the said year.
Upon the failure to pay any charges for the disposal of refuse,
a citation will be filed with the Magisterial District Judge for the
amount owed.
The Borough refuse collection service shall be under the supervision
of the Borough Manager. It shall be the duty of the Borough Manager
or his/her authorized representative to carry out the functions and
purposes of the refuse collection ordinance, as amended, to enforce
the provisions of said ordinance, as amended, and to make such inspections
and orders as may be established by rule and regulations promulgated
by the Borough Manager of the Borough of Ambridge and by the Borough
Council.
Any person who violates any provision of this article shall
be, upon conviction thereof, sentenced to 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 30 days.
