[Adopted 1-5-1993 by Ord. No. 920 (Ch. 20, Part 1, of the
1989 Code)]
This article shall be known and referred to as the "Solid Waste
Ordinance."
The following words and phrases, as used in this article, shall
have the meanings 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, 1990).[1]
Poultry and livestock manure or residual materials, in liquid
or solid form, generated in the production and marketing of poultry,
livestock, fur-bearing animals and their products, provided such waste
is not a hazardous waste. The term includes the residual materials
generated in producing, harvesting and marketing of all agronomic,
horticultural, silvicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests
or other agricultural lands.
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 their size, shape or weight.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
All municipal and residual waste building materials, grubbing
waste and rubble resulting from construction, remodeling, repair and
demolition operations on houses, commercial buildings and other structures
and pavements.
The Pennsylvania Department of Environmental Protection.
The incineration, 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
be waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment.
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 person, firm, copartnership, association or corporation
who has been licensed by the Borough or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
Any solid waste or combination of solid wastes, as defined
in the Act, which because of its quantity, concentration or physical,
chemical or infectious characteristics may: 1) cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or 2) pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
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 and universities.
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 water supply
treatment plant, wastewater treatment plant or air pollution control
facility. The term does not include source-separated recyclable materials.
The Borough of Wilmerding, Allegheny County, Pennsylvania.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, 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 other
legal entity having officers and directors.
Any technology used for the purpose of reducing the volume
or bulk of municipal or residual 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.
All solid waste materials which are discarded as useless.
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 "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[2] Residual waste shall not include treatment sludges 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 Clean Streams Law.[3]
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 unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any course screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including but not limited to municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
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 constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this article, any Department
rules and regulations adopted pursuant to Act 97 and the Health Department
Rules and Regulations, Article VIII.[1]
[1]
Editor's Note: See Allegheny County Health Department Rules
and Regulations, Article VIII, Solid Waste and Recycling Management.
B.
It shall be unlawful for any person to burn any solid waste within
the Borough except in accordance with the provisions of this article,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
C.
It shall be unlawful for any person to dispose of any solid waste
in the Borough except in accordance with the provisions of this article,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
D.
It shall be unlawful for any person to haul, transport, collect or
remove any solid waste from public or private property within the
Borough without first securing a license to do so in accordance with
the provisions of this article.
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 Borough without prior approval by the Borough.
F.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Borough except at an approved and permitted resource-recovery
facility under Act 97 and the Department rules and regulations adopted
pursuant to Act 97.
G.
It shall be unlawful for any person to throw, place or deposit or
cause or permit to be thrown, placed or deposited any solid waste
in or upon any street, alley, sidewalk, body of water, public or private
property within the Borough except as provided in this article.
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.
Any person 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.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained of free liquids before being
placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in approved containers
or shall be cut and tied securely into bundles. Bundles shall be not
more than four feet in length, not more than two feet in diameter
and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)
When specified by the Borough or its designated representative, special
preparation and storage procedures may be required to facilitate the
collection and resource recovery of certain waste materials.
D.
All municipal waste shall be stored in containers approved by the
Borough or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight,
rust- and corrosion-resistant material, such as plastic, metal or
fiberglass, in such a manner as to be leakproof, weatherproof, insectproof
and rodentproof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 40 gallons and a loaded
weight of not more than 40 pounds.
(4)
Disposable plastic bags or sacks are acceptable containers, provided
the bags are designated for waste disposal. Plastic bags shall have
sufficient wall strength to maintain physical integrity when lifted
by the top, shall be securely tied at the top for collection and shall
have a capacity of not more than 30 gallons and a loaded weight of
not more than 35 pounds.
(5)
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition at all
times. The interior of the containers shall be thoroughly cleaned,
rinsed, drained and disinfected as often as necessary to prevent the
accumulation of liquid residues or solids on the bottom or sides of
the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article or
which have sharp edges, ragged edges or any other defect that may
hamper or injure collection personnel shall be promptly replaced by
the owner upon notice from the Borough or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
(6)
With the exception of pickup days when the containers are placed
out for collection, the containers shall be properly stored on the
owner's or customer's premises at all times.
(7)
Bulk waste items such as furniture, automobile parts, machinery,
appliances and tires shall be stored in a manner that will prevent
the accumulation or collection of water, the harborage of rodents,
safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily residential units,
commercial establishments, institutions and industrial lunchroom or
office waste sources is subject to the regulations and standards set
forth in this chapter. The type, size and placement requirements for
bulk containers shall be determined by the waste generator and the
waste hauler, and are subject to approval by the Borough.
A.
The Borough shall provide for the collection of all garbage, rubbish
and bulky wastes from individual residences and multifamily residential
sources, or it may contract with a private collector or collectors
to provide this essential residential collection service.
B.
All households and homeowners shall utilize the residential collection
service provided by the Borough unless they can demonstrate that they
have made alternate arrangements that are consistent with this chapter
and approved by the Borough.
C.
Commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice.
D.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the Borough's collector and payment of any required special
fees.
E.
All commercial, institutional, public and industrial lunchroom and
office waste containing garbage shall be collected at least once a
week. Rubbish collection from these sources shall be made as often
as necessary to control health hazards, odors, flies and unsightly
conditions. The Borough reserves the right to require more frequent
collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by
the Borough or its contracted hauler.
G.
All solid waste collection activity shall be conducted from Monday
through Friday between the hours of 6:30 a.m. and 6:00 p.m. or on
Saturdays between the hours of 8:00 a.m. and 12:00 noon, unless prior
approval of any exception has been granted by the Borough. No collection,
hauling or transporting of solid waste shall be permitted on Sunday.
H.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Borough shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan 1990, or in subsequent revisions thereof.
(2)
Any trucks or other vehicles used for the collection and transportation
of municipal waste must comply with the requirements of Act 97 and
any Department regulations adopted pursuant to Act 97 and must be
licensed by the Allegheny County Health Department.
(3)
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, the creation of odors and other nuisances.
(4)
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
[Amended 6-4-2002 by Ord. No. 981]
A.
From the effective date of this section, the storage, temporary storage
and removal of construction and demolition waste and use of containers
to that end may be accomplished only in compliance with the terms
of this section. Construction and demolition waste may be stored no
longer than 30 days, and only in an enclosed container with a lid
or cover as provided herein.
B.
Any person or entity desiring to dispose of construction and/or demolition
waste must first apply to the Building Inspector or Code Enforcement
Officer for a permit to put in place a container on public or private
property. It is declared to be the intent of this section that no
container of any nature or size may be placed on public or private
property except in compliance with this section. On private property,
containers of four cubic feet or less may be utilized for a thirty-day
period without any permit, so long as the same do not constitute or
amount to a public nuisance, and provided such container is situated
on the same building lot where the work is being done. All containers
must provide for covers or lids, must be illuminated by reflectors
or lights, and may not be filled above the level of the lid or cover.
C.
The Building Inspector is hereby authorized to prepare forms for
such applications, requesting such data as the Building Inspector
deems necessary in his discretion, including, but not limited to,
limits of liability of any liability insurance police requested, a
hold-harmless provision protecting the Borough, a provision mandating
lighting or reflectors on such containers, the placement of containers,
warning signs and barricades and whether a cash or security bond to
cover damages should be included. A dated application signed by the
owner of the land and the applicant, if not the owner, must provide
at least the following information:
(1)
Name and address of the applicant and the owner of the subject real
estate, the address where the work is to be done.
(2)
The dimensions and capacity of the container to be used, a description
of the work to be done to the subject real estate and the length of
time anticipated to complete the project.
(3)
The site where the applicant wishes to place the container, the duration
of time when it will be in place and what materials will be stored
in the container.
D.
Based on the application and all the circumstances, the Building
Inspector may issue a permit in accordance with this section. The
Building Inspector may place such further restrictions on the permit
as he sees fit to assure compliance with the standards of this section.
Permits shall be valid for no longer than 30 days; a permit may be
renewed by filing an application with the Building Inspector. A fee
is hereby set in the amount of $30 for each permit and each renewal,
payable upon presentation of the application. Borough Council may
change this fee from time to time at its sole discretion by simple
resolution of Council.
E.
The Building Inspector in his discretion may issue a permit, refuse
to issue a permit, refuse to renew a permit, move to rescind a permit
by taking into consideration the following circumstances, and any
other factors or conditions he deems to be relevant:
(1)
If the container, due to its size or proposed location, has or likely
will unduly interfere with pedestrian or vehicular traffic or parking.
(2)
If the applicant's activity or proposed activity produces or
likely will produce or contain hazardous or noxious conditions (smoke,
dust, odors).
(3)
If the applicant has not reasonably prosecuted the project.
(4)
The circumstances surrounding the applicant's need for a container
and the availability of alternate means of storing and disposing of
construction and demolition waste.
F.
Any person aggrieved by the decision of the Building Inspector may
appeal to the Zoning Hearing Board by filing such appeal in the office
of the Borough Secretary and paying an appeal fee as prescribed for
appeals to the Zoning Hearing Board within 30 days of the decision
of the Building Inspector.
G.
Any person or entity found to be in violation of this section shall
be subject to a civil fine in the amount of $600 for each day such
a container remains without a permit as set forth herein.
H.
If any portion of this section is illegal or unconstitutional, then
it is deemed to be the intent of Wilmerding Borough Council that the
balance of this section would have been enacted irrespective of said
invalid portion.
A.
The Borough Council of the Borough of Wilmerding shall be authorized
to make funds available in accordance with the laws and procedures
of the Borough for the establishment, maintenance and operation of
a municipal solid waste collection and disposal system or for the
contracting of such service to a private collector.
B.
Annual fee schedules (if appropriate) shall be published by the Borough
on any competitively bid residential collection service contract that
may be awarded by the Borough.
C.
The Borough shall be responsible for the collection of any fees for
solid waste collection and disposal from residential customers. Licensed
haulers shall be responsible for the collection of any collection
and disposal fees from commercial, institutional and industrial customers.
A.
All appeals shall be made in writing to the Borough Council of the
Borough of Wilmerding.
B.
Pending a reversal or modification, all decisions of the Borough
shall remain effective and enforceable.
C.
Appeals may be made by the following persons: Any person who is aggrieved
by a new standard or regulation issued by the Borough may appeal within
10 days after the Borough gives notice of its intention to issue the
new standard or regulation.
D.
The notice of appeal shall be served in writing and sent by certified
mail with return receipt requested. Within 20 days after receipt of
the notice of appeal, the Borough shall hold a public hearing. Notice
of the hearing shall be sent to both parties in time to adequately
prepare for the hearing. Notice shall be sent to the parties by certified
mail with return receipt requested at the last known address in addition
to publication in the local newspaper.
The Borough may petition the Allegheny County Court of Common
Pleas for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this article.
[Amended 9-5-1995 by Ord. No. 940]
Any person who violates any provision of this article shall,
upon conviction, be guilty of a misdemeanor, which is punishable by
a fine of not less than $25 nor more than $1,000 or, in default of
payment of such fine, then by imprisonment for a period of not more
than 30 days, or both. Each day of violation shall be considered a
separate and distinct offense.
