This chapter shall be known as the "Borough of Verona Municipal Solid Waste and Recycling Ordinance."
The Borough hereby establishes a program for municipal solid waste management and the separation of recyclables from municipal waste which will be collected for disposal from residential dwellings, and commercial, industrial, and institutional establishments.
It is the intent and purpose of this chapter to promote the public health, safety, and welfare, and to eliminate public health hazards, environmental pollution, and economic loss associated with municipal solid waste accumulated or stored upon any property within the Borough.
Verona Borough, recognizing that the reclamation of recyclable materials has become an important method for addressing the growing solid waste disposal problem through conservation of landfill space, preservation of natural resources, and a reduction in energy consumption, does hereby authorize the storage, collection, transportation and processing of municipal solid waste, and recyclable materials, in accordance with the provisions of the Municipal Waste Planning, Recycling and Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101 ("Pennsylvania Act 101) the Allegheny County Solid Waste Management Plan, and this chapter.
Editor's Note: See 53 P.S. § 4000.101 et seq.
This chapter is intended to be an integral part of an overall system designed to facilitate recycling and waste minimization and foster the cooperation of the residents and businesses by providing that all residential, commercial, industrial, and institutional waste shall be collected, transported, and disposed of within the following conditions:
For the purpose of municipal waste, and source-separated recyclables collection, all developed residential properties, except as exempted herein, shall be served by a licensed hauler through an exclusive contract with the Borough to the extent provided by this chapter and all commercial, industrial, and institutional establishments shall be served by a licensed hauler with which they contract directly.
Haulers collecting municipal solid waste shall be licensed with the Commonwealth of Pennsylvania and registered with Verona Borough. Haulers collecting source-separated recyclables must be registered with Verona Borough.
All municipal solid waste shall be disposed of at a facility designated in the Allegheny County Municipal Solid Waste Management Plan and in accordance with state, federal, and county laws and ordinances.
Source-separated recyclables shall be managed in accordance with Pennsylvania Act 101 and the Allegheny County Municipal Solid Waste Management Plan and shall not be collected and removed for disposal at a landfill.
These conditions are established to ensure Borough compliance with Pennsylvania Act 101 and the Allegheny County Municipal Solid Waste Management Plan.
The Borough hereby establishes an education program for municipal solid waste management and recycling in accordance with the provisions of Pennsylvania Act 101 and this chapter. Educational materials and presentations shall be designed to increase the participation of both residents and business; to meet the recycling rates and goals established by the commonwealth and to encourage waste minimization and pollution prevention within the Borough.
As used in this chapter, the following terms shall have the meanings indicated:
- BACKYARD COLLECTION
- Collection of municipal solid waste from residential properties at a location other than curbside.
- Plastic sacks designed for municipal waste with sufficient wall strength to maintain physical integrity when lifted by the top, with a capacity not to exceed 32 gallons and a loaded weight not to exceed 25 pounds.
- BASE COLLECTION RATE
- The monthly cost per residential unit for garbage collection service, which includes the collection of recyclables.
- The governmental jurisdiction and legal entity of Verona Borough, Allegheny County, Pennsylvania.
- The governing body of the Borough of Verona.
- CLEAR GLASS
- Empty bottles, jugs and jars made of clear glass. Expressly excluded are broken glass, noncontainer glass, plate glass, automotive glass, safety glass, light bulbs and porcelain and ceramic products.
- COLORED GLASS
- Empty bottles, jugs and jars made of green or brown glass. Expressly excluded are broken glass, plate glass, automotive glass, safety glass, light bulbs, porcelain and ceramic products, and glass of any other than green or brown color.
- Any establishment engaged in a nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers, and theaters. Multifamily dwellings and townhomes of greater than four units, not individually owned, mobile home parks, hotels, motels, mixed-use properties (combined business/residential on a single parcel) and farms which use commercial dumpsters shall be considered commercial establishments. The term does not include properties where the primary permitted use is residential and an accessory use is commercial (i.e., home occupations).
- COMMUNITY ACTIVITIES
- Events sponsored in whole or in part by a municipality, or conducted within a municipality and sponsored privately, that will be attended by 200 or more individuals per day, which include, but are not limited to, fairs, bazaars, festivals, regattas, street sales, socials, picnics and organized sporting events.
- CONSTRUCTION AND DEMOLITION WASTE
- Lumber, roofing material, sheathing, rubble, broken concrete, macadam, plaster and brick, conduit, pipe, insulation and other material which results from a construction, demolition, or remodeling process.
- CONSTRUCTION DEBRIS
- Waste building materials resulting from construction, remodeling, repair, or demolition operations.
- A metal or plastic receptacle used for garbage and/or recyclables collection that is rodent- and insectproof.
- The individual, firm, partnership, joint venture, corporation, or association performing refuse, recycling and yard waste collection, processing and disposal under contract with the Borough.
- COVERED DEVICES
- Desktop and notebook/laptop computers, computer monitors, computer peripherals, televisions, and any other devices defined under the Covered Device Recycling Act of 2010.
- From any structure, a point at the side of a Borough or state-maintained roadway abutting the property, or from a structure abutting a private roadway, a point at the side of the private roadway, provided the property owner has issued a waiver for collection vehicles to travel along the roadway for collection.
- CURBSIDE RECYCLING
- Recycling services generally provided to single-family structures and individually owned units in multifamily dwellings. Recyclables are placed by customers at curbside locations for collection.
- The owner of any residential, commercial, industrial, or institutional property located within the Borough.
- DESIGNATED AGENT
- An agent such as the Council of Governments, or a municipal authority, acting on behalf of a municipality or county whose powers and responsibilities are established in an intergovernmental agreement or similar document.
- The 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 this commonwealth.
- DISPOSAL SITE
- A refuse depository for the processing or final disposal of refuse including but not limited to sanitary landfills, transfer stations, incinerators, and waste processing separation centers, licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
- DUMPSTER CONTAINER
- (also at times referred to as a "detachable container" or a "roll-off container") A watertight, all-metal container, not less than 3/4 cubic yards in capacity and equipped with a tight-fitting metal or plastic cover. The term shall also apply to containers of other materials of similar size when approved by the Borough.
- DWELLING UNIT
- One or more rooms on premises which have cooking facilities and are arranged for occupancy by one person, two or more persons living together, or one family. Each dwelling unit within a noncommercial building shall be considered an individual customer.
- EXCLUSIVE CONTRACT
- An agreement entered into by Verona Borough, or its designated agent, with a private person or corporation for the collection, disposal, and processing of all residential municipal waste and recyclables within Verona Borough.
- A single parcel of land of at least 10 acres, which is used for normal agricultural purposes, including barns, greenhouses, and not more than three single-family dwelling units.
- FOOD WASTE
- Vegetable and other food scraps, including meat, dairy products, grease and bones; paper which has been contaminated with food, fat or grease; and compostable paper including paper towels, paper plates, tissue and waxed paper.
- All discarded putrescible waste matter but not including sewage or sewage sludge, human excrement or leaf and yard waste.
- GARBAGE CONTAINER
- A metal or plastic receptacle used for the purpose of receiving and storing municipal solid waste for collection.
- A person or municipality that produces or creates municipal waste.
- HAZARDOUS WASTE
- Waste designated as hazardous by the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection.
- Any establishment engaging in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, and refineries.
- Any establishment engaged in service to persons including, but not limited to, hospitals, nursing homes, orphanages, schools, and universities.
- LICENSED HAULER
- A person who has obtained an authorization from the Commonwealth of Pennsylvania and is registered with Verona Borough. Said authorizations will be issued under the Waste Transportation Safety Act (Pennsylvania Act 90) authorizing said person to collect, transport, and/or dispose of municipal solid waste, and bulk waste from residential, commercial, industrial, and institutional establishments. Persons that are not required to obtain authorizations issued under the Waste Transportation Safety Act (Pennsylvania Act 90) and persons that collect, transport, and/or process only source-separated recyclables from residential, commercial, industrial, and institutional establishments must register with Verona Borough to be considered a licensed hauler.
- The transfer of ownership of recyclable materials for the purpose of recycling the materials into a new product or use.
- MUNICIPAL WASTE
- Any 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 in the Solid Waste Management Act 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.
- MUNICIPAL WASTE LANDFILL
- A facility using land for disposing of municipal waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and post closure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge.
- MUNICIPAL WASTE MANAGEMENT PLAN
- A comprehensive plan for an adequate municipal waste management system in accordance with Chapter 272, Subchapter C (relating to municipal waste planning).
- MULTIFAMILY DWELLINGS
- Structures for residential living consisting of attached units.
- See "customer."
- An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- Any technology used for the purpose of reducing the volume or bulk of municipal 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.
- For residential properties, this shall include mixed waste paper, including office paper, junk mail and envelopes, corrugated and cardboard materials, newspapers, magazines, telephone books, bimetal and aluminum cans and lids, clean aluminum foil and foil products, clear glass and colored glass and plastics #1 through 46. For commercial, industrial, institutional and community activities recyclables shall include corrugated cardboard, high-grade office paper and aluminum cans.
- RECYCLE or RECYCLING
- 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 other than a fuel for the operation of energy.
- RECYCLING CONTAINER
- A receptacle owned and provided by the Borough, and/or provided by the contractor for the purpose of receiving and storing recyclables for collection.
- RECYCLING FACILITY
- 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 raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.
- Discarded waste materials in a solid or semiliquid state, consisting of garbage, rubbish or a combination thereof.
- RESIDENCE, RESIDENTIAL
- Any house, dwelling, multiunit residence, apartment house, or any building put to residential use except mixed-use buildings.
- RESIDENTIAL UNIT
- A group of rooms located within a building and forming a single inhabitable unit with facilities that are used or are intended to be used for living, sleeping, cooking and eating. Buildings are included that contain four or less separate or contiguous single-family dwelling units with each unit to be treated separately for purposes of billing, or multifamily dwelling units of five or more dwelling units that are separately owned.
- RESIDUAL WASTE
- 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 shall not include coal refuse as defined in the act of September 24, 1968 (P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act. The term shall not include treatment sludge 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 act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law. (Pennsylvania Act 101, § 103).
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
- All single-family homes, and multifamily dwellings of four units or less, as well as multifamily dwellings of five or more dwelling units that are separately owned.
- UNACCEPTABLE WASTE
- The following categories of materials are considered unacceptable for collection and disposal as municipal solid waste:
- A. Hazardous waste.
- B. Residual waste.
- C. Covered devices.
- D. Unsterilized or unprocessed infectious or pathological waste.
- E. Chemotherapeutic waste.
- F. Construction materials.
- G. Gas cylinders.
- H. Explosives and ordinance material.
- I. Liquid waste (i.e., containing less than 20% solids by weight or flowable).
- J. Drums, barrels, and buckets unless lids have been removed and interiors cleaned and free of any residue.
- K. Radioactive materials.
- L. Any solid waste generated outside of the Borough.
- M. Automotive parts, including tires.
- WHITE GOODS
- Refers to major appliances such as refrigerators, freezers, stoves, water heaters, air conditioners and washing machines.