City of Washington, PA Article II Solid Waste Management Plan

§ 294-15 Short title.

This article shall be known and referred to as the "Municipal Solid Waste Ordinance."

§ 294-16 Definitions.

A. The following words and phrases, as used in this article, shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:

ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

ACT 101

The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).[2]

BULKY WASTE

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 size, shape or weight.

COLLECTOR OF WASTE HAULER

Any person, firm, partnership, corporation or public agency who or which is engaged in the collection and/or transportation of municipal waste.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

CONTAINER

A portable device in which waste is held temporarily for storage and transportation.

COUNTY

The County of Washington or the Washington County Board of County Commissioners.

DEPARTMENT or DEP

The Pennsylvania Department of Environmental Protection (DEP).

DISPOSAL

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 enters the environment, is emitted into the air, or is discharged to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

GARBAGE

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, gases or vectors.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools, universities and churches.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any municipal waste collector or hauler possessing a current, valid municipal license issued by the City of Washington pursuant to the Municipal Waste Hauler Licensing Ordinance (Article III of this chapter).

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 under Act 97 from a municipal, commercial or institutional waste supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

MUNICIPALITY

The City of Washington, Washington County, Pennsylvania.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provision 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 any other legal entity having officers and directors.

RUBBISH

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.

SALVAGING

The controlled removal or recycling of material from a solid waste processing or disposal facility.

STORAGE

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 shall constitute disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

B. In this article, the singular shall include the plural, and the masculine shall include the feminine and neuter.

§ 294-17 Prohibited activities.

A. It shall be unlawful for any person to accumulate or permit to accumulate on any public or private property within the City any garbage, rubbish, bulky waste, or any other municipal or residual waste except in accordance with all applicable Department rules and regulations.

B. It shall be unlawful for any person to burn any solid waste within the City.

C. It shall be unlawful for any person to process and/or dispose any solid waste in the City except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.

D. It shall be unlawful for any person to collect, haul, transport or remove any solid waste from public or private property within the City without a current, valid license to do so issued by the City of Washington.

E. It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the City without prior written approval from the City.

F. It shall be unlawful for any person to salvage or reclaim any solid wastes within the City except at an approved and permitted resource recovery facility under any applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.

§ 294-18 Standard for storage of solid waste.

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. Owners and/or occupants of each dwelling unit 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. Metal or nonmetal containers must have a handle on the outside and a capacity of not less than seven gallons or more than 35 gallons. Plastic bags, if properly bound and not torn, may be placed at the premises' collection site at the appropriate time for collection. Said containers shall be of such construction to be conveniently handled, lifted and emptied, when full, by one person. Every such container shall be maintained in good condition and shall be replaced by such occupant or owner when it becomes out of repair or when its condition becomes unsanitary or offensive. In the same manner, commercial, industrial and institutional establishments and houses shall be held responsible for approved containers.

C. Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, "Regulations for the Storage of Municipal Waste."

D. Multifamily property owners (those properties consisting of more than six dwelling units per structure) shall provide their own dumpster or other receptacle approved by the City for the collection and storage of solid waste. Said dumpster or other receptacle approved by the City shall be screened or otherwise covered and shall be located at the rear of the subject property 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 nuisance.

§ 294-19 Standards and regulations for collection.

A. All households, homeowners, commercial, industrial and institutional establishments within the municipality shall utilize the services of a collector licensed by the City of Washington for disposal of their domestic waste or household waste.

B. All licensed collectors and waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, "Regulations for Collection and Transportation of Municipal Waste."

C. All municipal waste collected within the City shall only be conveyed or transported to a transfer station, processing facility, and/or disposal site permitted by the Department of Environmental Protection (DEP) and/or other regulatory agencies pursuant to the approved Municipal Waste Management Plan for Washington County.

§ 294-20 Licensing requirements.

No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the City without first obtaining a license from the City of Washington pursuant to the requirements of the Municipal Waste Hauler Licensing Ordinance (Article III of this chapter).

§ 294-21 Injunction powers.

The City may petition the Court of Common Pleas, Washington County, for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.

§ 294-22 Violations and penalties.

[Amended 12-7-2006 by Ord. No. 1766]

A. Any individual, person, firm, corporation or other entity who shall violate any provision of this article shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.

B. Each day that a violation of this article shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.

C. Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this article. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include but not be limited to an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition, and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the article or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the article.