[Adopted 4-26-1967 by Ord. No. 610 (Ch. 20, Part 1, of the
1987 Code of Ordinances)]
All provisions of any of the Acts of Assembly of the Commonwealth
of Pennsylvania now in force or hereafter put in force applying to
or affecting the collection of garbage, its transportation and disposal,
as well as all rules of the Township Board of Health or its Health
Officer now in force or hereafter put in force, shall also be deemed,
taken and included and made part of the specifications of this article.
As used in this article, the following terms shall have the
meanings indicated:
Any person or persons, firm, partnership or corporation having
a lawful and legal contract with the Board of Commissioners of the
said Township to collect garbage, offal, dead animals, condemned meat,
decaying matter or organic waste substance of any kind within the
municipal limits of the said Township.
The animal or vegetable refuse from the storage, vending,
transportation, sale, preparation or use of foodstuffs of any person
or persons, firm, partnership or corporation, of meats, fish, fowl,
fruits or vegetables or any other organic substance or substances
subject to fermentation or decay.
[Amended 9-17-1990 by Ord. No. 887]
The manner, mode and form of the disposal of garbage, offal,
dead animals, condemned meat, decaying matter or organic waste substance
of any kind in and throughout the Township under these specifications
shall be in compliance with Act approved June 24, 1931, P.L. 1206,
as amended and supplemented.[1] It shall be the duty of the garbage collector to be thoroughly
informed concerning the provisions of said laws and to conduct the
matter of disposal of the garbage as outlined in said Act and agreeable
with the rules and regulations of the County Commissioners of Allegheny
County and the laws of the Commonwealth of Pennsylvania. All municipal
waste collected within the Township shall ultimately be disposed of
only at a landfill cited and approved by the Allegheny County Solid
Waste Management Plan, 1990, or subsequent revisions thereto.
[1]
Editor's Note: See 53 P.S. § 56502.
Any reduction, incineration or other types of plan or facilities
that may be necessary for carrying out these specifications in their
entirety, if located within the limits of the Township of North Versailles,
shall be at such point or points as the Board of Commissioners shall
select and approve, and as may be approved by the Courts of the County
of Allegheny as provided by law; but the contractor may locate his
plant or plants outside of the municipal limits of the Township of
North Versailles if he so desires, or may go to any other incinerator
within or without Allegheny County in compliance with laws. However,
any garbage reduction plant located within the municipal limits of
the Township of North Versailles shall be constructed, maintained
and operated in accordance with the provisions of laws pertaining
thereto and as they may be amended or supplemented; and its maintenance
and operation in accordance with the rules and regulations of the
Commissioners of the Township of North Versailles, and/or its Health
Department or Health Officer, insofar as such rules and regulations
would apply under all existing laws, and as the same may be amended
and supplemented.
It shall be unlawful for any person or persons, firm, partnership
or corporation to deposit any tin cans or bottles in garbage or refuse
to be collected within the Township, excepting only tin cans and bottles
that have contained foods or liquids suitable for human consumption
and as would be used weekly by any individual in the preparation of
foods within their own household; and also paper used in the wrapping
of garbage. No paper, excepting a reasonable amount used in wrapping
the garbage, no ashes, no wood, no accumulation of tin cans, no buckets
or cooking utensils or rubbish of any description (except broken glassware
or china used in the dispensing of food) may be placed in the garbage
cans. In case of violation of this rule or regulation notice shall
be given by the Township Board of Health or the Health Officer to
any such individual, partnership or corporation that thereafter such
parties may be required to separate from the animal and vegetable
matter all such unlawful tin cans, bottles and paper.
The contractor shall collect, remove and dispose of all garbage,
etc., as defined in these specifications from all places wherever
the same may accumulate within the municipal limits of the Township
of North Versailles.
No person or persons, partnership, firm or corporation other
than the party duly and lawfully authorized under contract by the
Board of Commissioners of said Township shall be permitted to collect
within the Township any garbage or transport the same through the
streets, alleys or highways of the said Township.
Collections from the residences of the Township shall be once
each week. All collections from any public markets, hotels, restaurants,
fish markets, butcher shops, shopping center, or any type of business
operation shall be twice each week.
Dead animals lying upon any of the streets, alleys or highways
or elsewhere must be removed immediately by the contractor upon receiving
notification thereof from the Board of Health, the Health Officer
or the Township police; and if the contractor fails, neglects or refuses
to have the same removed within five hours after receiving notice
either by telephone or otherwise (except in cases where such notices
shall be given between the hours of 9:00 p.m. and 6:00 a.m., in which
instance the computing of the five hours shall start from 6:00 a.m.)
the sum of $15 per day for every day of failure, neglect or refusal
to comply herewith shall be deducted from the next monthly bill of
said contractor, and which deduction shall be deemed, taken and treated
as liquidated damages and not as a penalty.
[Amended 5-26-1969 by Ord. No. 628]
A.
Garbage, offal, condemned meat, dead animals, decaying matter or
organic waste substance of any kind shall be collected in and transported
through the streets, alleys and highways of the Township in such type
of vehicle approved by the County Commissioners of Allegheny County
and in conformity with the Acts of Legislature, as amended and supplemented,
concerning such matter. Said vehicle must also be approved by the
Township Board of Health and/or Health Officer of the Township, and
they shall not be changed without the approval of said Board of Health
or Health Officer. The receptacles or trucks used for the transportation
of garbage shall have closely fitted lids or bodies which must be,
at all times, closed and kept closed except when loading or unloading
garbage, offal or condemned meat, and must not at any time be driven
over the public streets, alleys or highways of the said Township in
an overcrowded or overloaded condition. The truck beds shall be thoroughly
washed and disinfected in accordance with the rules and regulations
now in force by the County Commissioners of Allegheny County and,
in the absence, for any reason whatsoever, of the enforcement of said
rules or regulations, the truck beds or other receptacle transporting
garbage, etc., shall be thoroughly flushed out and cleaned after the
close of the day's hauling, in a manner approved by the Township
Board of Health and or Health Officer, and shall not appear on the
public streets and highways of the said Township in an unsanitary
or unsightly condition. For any failure, neglect or refusal on the
part of the contractor or any of his agents or employees to thoroughly
wash and disinfect daily the said vehicles for transportation, as
aforesaid in this section, there shall be deducted from the next monthly
pay due said contractor the sum of $7.50 per day for each and every
offense, which deduction shall be deemed, taken and treated as liquidated
damages and not as penalties.
B.
All trucks, vehicles, devices and receptacles used in the collection,
removal and transportation of garbage and other matter defined herein
must be watertight at all times with all-metal enclosed body duly
licensed by the Allegheny County Health Department. Packer-type trucks
are preferred; and open trucks are prohibited. Trucks are preferred
to be painted a white color, or have a distinguishing appearance;
and are to have a volume capacity of at least 23 cubic yards each.
The garbage-hauling contractor shall have at least three trucks of
this type available to assure garbage collection and removal; vehicles
used in garbage collection and transportation shall be washed and
disinfected at least once daily, and oftener if necessary. The weight
of trucks or vehicles so used in garbage collection when empty shall
not exceed 16,000 pounds, so as to avoid damage to certain streets
or highways in the Township.
The entire work of collecting, removing and transporting of
garbage, dead animals, offal, decaying matter or organic waste substance
of any kind shall at all times be under the control and supervision
of the Board of Commissioners of the said Township and its authorized
representatives through the Board of Health and/or the Health Officer;
and for the purpose of supervising the collection of garbage, etc.,
and inspection of transportation equipment, all policemen of the said
Township of North Versailles are hereby designated and appointed health
officers.
All receptacles, carts, trucks or conveyances of whatsoever
kind used for the collection and removal of garbage, offal, dead animals
and condemned meat, decaying matter, or organic waste substance of
any kind shall be so constructed and loaded as to prevent any particles
therefrom of falling on any of the streets, alleys or public highways
of the Township, and must have the number of the receptacles, carts,
trucks or conveyances of whatsoever kind printed or painted on each
side of the same in figures of a size to be easily read; and should
any driver or employee of the contractor allow any garbage, offal,
dead animals, condemned meat, decaying matter or organic waste substance
of any kind to fall upon any of the public streets, alleys, sidewalks
or highways of the Township of North Versailles, he shall immediately
clean up the same and place the material in the said receptacle, cart,
truck or conveyance of whatsoever kind and thoroughly disinfect the
place on which said garbage, etc., was dropped.
No money, gratuity, reward, fee or other valuable consideration
except the compensation agreed to be paid by the Township shall be
charged, received or taken by the contractor or any of his agents
or employees for doing or failing to do any part of the work required
to be done under these specifications.
The contractor shall at all times use such appliances and equipment
and employ such or so many men for the performance of all of the operations
connected with the work embraced under these specifications as will
secure a satisfactory rate of progress and quality of work, and in
case it shall appear at any time that the work, or any part thereof,
is not being properly done, the same shall be immediately corrected
upon demand of the Board of Commissioners of the Township, or its
agents, such as the Board of Health and/or Health Officer.
In case of failure by the contractor to comply in any respect
with the specifications or with the contract, the Board of Commissioners
shall have the right and power to authorize or provide for the collection,
removal and disposal of garbage, offal, condemned meat, dead animals,
decaying matter or organic waste substance which the contractor shall
fail to collect, remove, etc., and to charge the expenses to the contractor
and the contractor and his sureties shall be liable for the expense
incurred therein.
[Amended 11-16-1987 by Ord. No. 857]
The contractor shall make monthly reports on forms approved
by either the Township Commissioners or the Township Board of Health
and/or the Township Health Officer which will show the number of all
loads or parts of loads as well as the tonnage collected, including
dead animals, and said reports shall be sworn to before the Magisterial
District Judge for North Versailles Township.
The contractor shall indemnify and save harmless the Township
of North Versailles, the Board of Health and/or the Township Health
Officer and its employees against any and all claims which may be
made by reason of any infringement of any patent right in the use
of any machinery, equipment or apparatus necessary in the collection
and disposal of offal, dead animals, condemned meat, decaying matter
or organic waste substance of any kind under these specifications;
and the contractor shall also indemnify and save harmless the Commissioners
of the said Township, the Board of Health and/or Health Officer and
their employees and each and every one of them against and from all
suits and action brought against them or any of them, and also from
all damages and costs to which they, or any of them, may be put by
reason of injury to the person or property of any other, resulting
from negligence or carelessness or otherwise, in the performance of
the obligations of the contractor under the contract, or from any
defective or improper appliance used in the performance of same.
A.
From and after the passage of this article it shall be the duty of
every resident, householder, tenant, hotel keeper, boardinghouse keeper,
cafe owner or proprietor, nightclub proprietor, retail dealer and
all parties within the Township of North Versailles to provide or
cause to be provided, and at all times to keep or cause to be kept
or provided, portable vessels or tanks for holding garbage, offal,
condemned meat, decaying matter or organic waste substance of any
kind; said vessels or tanks to be perfectly watertight and so kept,
with handles on the outside and provided with a tightly fitted cover,
which cover shall not be removed except when absolutely necessary.
Said vessels or tanks shall be kept or placed in the rear of the house
or passage way most accessible to be collected, and never upon the
street, alley, highway, sidewalk, or other public place, and in all
cases where the dwelling house or structure is erected upon a lot
abutting on an alley over which vehicles travel, the receptacle shall
be placed on the line of the alley, and shall be of a capacity sufficient
for the needs of the owner, but shall not exceed three bushels. All
such vessels or tanks shall be returned by the collector, his agents
or employees, to the said place or places where found without unnecessary
delay, and no person except for such purposes authorized shall in
any manner interfere with such vessels or tanks or the contents thereof.
The location and kind of all garbage receptacles shall be under the
control of the Board of Health or the Health Officer.
B.
Provided, however, in instances of farm lanes or streets and highways
that are sparsely inhabited, the owner or owners, residents, etc.,
shall always place the receptacle in a place that is accessible to
the collector so that in no event shall the said receptacle be distant
farther than 200 feet from main roads, Township streets and alleys,
or main arteries of traffic; provided also, that the contractor must
notify such individual or individuals of the exact day in the week
wherein he will make his collections. It is the intent of this section
and of these specifications that the contractor shall not have to
travel unreasonable distances in cases where farm residents are involved
or other properties not situated in the built-up districts of the
Township.
The Township shall print a notice or notices to be left by the
contractor at each and every dwelling house or other types of buildings
in the said Township where garbage may accumulate, giving notice of
the duties of the occupiers of the buildings requesting that such
garbage be ready in the receptacles for the collector when he calls
for same. The said notice shall also contain the name, address and
telephone number of the contractor and the address and telephone number
of the office of the Township Commissioners, the Board of Health and
the Township Health Officer and shall contain the official definition
of the term "garbage." In case of any failure to collect garbage as
provided in this article and specifications, there shall be deducted
from the next monthly payroll or sum due said contractor the sum of
$2 for each and every such failure, which sum shall be deemed, taken
and treated as liquidated damages and not as penalties; provided,
however, that no deduction shall be made if the contractor shall remove
the garbage within 24 hours after receipt of notice of such failure
from the office of the Board of Commissioners, from the Township Board
of Health, or the Township Health Officer, and further provided that
no such deduction shall be made where the failure to remove garbage
occurs because of an emergency such as weather or an act of God.
The proper officers of the Township of North Versailles are
hereby authorized and directed to advertise, from time to time, for
bids for the collection, removal, and transportation of garbage, offal,
dead animals, condemned meat, decaying matter and organic waste substance
of any kind in accordance with the provisions hereof; to enter into
a contract or contracts with the successful bidders and to otherwise
provide for the continuous collection and removal of garbage, etc.,
from the Township. Each bid shall be accompanied by a certified check
or treasurer's check payable to the Treasurer of the Township
of North Versailles; and the person or persons, partnership, firm
or corporation to whom the contract is awarded shall file a performance
bond in favor of the Township of North Versailles within 10 days after
the contract has been awarded in the sum of 50% of the contract price
conditioned to faithfully carry out and perform all of the provisions
of the said contract and specifications.
All labor and equipment of every kind necessary to carry out
the provisions of these specifications shall be furnished by and at
the expense of the contractor.
When the contract has been entered into, it shall not be assigned,
transferred or set over to any other person or persons, firm or firms,
corporation or corporations, and any party assuming the direction
of the work or taking part therein shall be considered as an employee
under the specifications and under the contract. Any violations of
the acts of Assembly of the Commonwealth of Pennsylvania or of the
ordinances of the Township of North Versailles, or these specifications,
shall be sufficient cause for the immediate cancellation of the contract
by the Commissioners of the said Township, who may thereupon employ
the necessary labor to perform the work, to re-advertise and re-let
the work at the expense of the offending contractor and his sureties.
All parts of these specifications are intended to be explanatory
of each other, but in case any misunderstanding or doubt as to the
meaning of any of the provisions hereof shall arise, the same shall
be submitted to the Health Committee of the Township Commissioners,
the Board of Health, or the Township Health Officer for their interpretation,
and their decision and interpretation shall be final, binding and
conclusive without exception or appeal.
Payments shall be made to the contractor either monthly or semimonthly
as shall be set forth in the contract, but only after sworn statement
of the contractor have been fixed as herein provided in such sums
as may be agreed upon and fixed in the contract entered into between
the Township of North Versailles and the contractor. Said payments
to be made subject to the provisions of these specifications.
All questions of fact relating to adverse weather conditions,
an act of God, strikes or causes beyond the control of the contractor
whereby garbage, etc., is not collected, disposed, or transported
under the terms of the contract and these specifications, shall be
decided without appeal by the Health Committee of the Board of Commissioners
and the Township Board of Health or the Township Health Officer.
The Health Committee, the Township Board of Health and/or the
Township Health Officer shall notify the contractor within 48 hours
after each and every assessment of liquidated damages or any fines
imposed under the provisions of these specifications. The signed statement
of any householder of failure to collect garbage, etc., according
to the terms of the specifications shall be sufficient evidence of
the contractor's failure to do so, when verified by a representative
of the Health Committee, the Board of Health or the Township Health
Officer. Notice to the contractor shall be notice by telephone or
otherwise, to his place of business, office or home.
If the contract for the work herein provided shall be let on
the tonnage basis, the contractor shall furnish monthly sworn statements
or semimonthly sworn statements of the tonnage as herein provided.
However, the Township reserves the right to require all garbage to
be weighed upon scales designated by it within the municipal limits
of North Versailles Township and may, at any time, require the same.
The Township shall pay the expense of the weighing.
