This article shall be known and referred to as the "Municipal
Solid Waste Ordinance."
A.
ACT 97
ACT 101
BULKY WASTE
COLLECTOR OF WASTE HAULER
COMMERCIAL ESTABLISHMENT
CONTAINER
COUNTY
DEPARTMENT or DEP
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LICENSED COLLECTOR or LICENSED WASTE HAULER
MUNICIPAL WASTE
MUNICIPALITY
PERSON
RUBBISH
SALVAGING
STORAGE
TRANSPORTATION
The following words and phrases, as used in this article, shall have
the meaning ascribed herein, unless the context clearly indicates
a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988 (Act 101).[2]
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.
Any person, firm, partnership, corporation or public agency
who or which is engaged in the collection and/or transportation of
municipal waste.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
A portable device in which waste is held temporarily for
storage and transportation.
The County of Washington or the Washington County Board of
County Commissioners.
The Pennsylvania Department of Environmental Protection (DEP).
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.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
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.
Any establishment engaged in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not
limited to, hospitals, nursing homes, orphanages, schools, universities
and churches.
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).
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.
The City of Washington, Washington County, Pennsylvania.
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.
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.
The controlled removal or recycling of material from a solid
waste processing or disposal facility.
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.
The off-site removal of any solid waste at any time after
generation.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and neuter.
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.
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.
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.
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).
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.
[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.