[Adopted 12-3-1991 by Ord. No. 1868; amended in its entirety 12-12-2017 by Ord. No. 2587]
This article shall be known and referred to as the "Borough of Millvale 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. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter:
ACT or ACT 97
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
AGRICULTURAL WASTE
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.
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 their size, shape, or weight.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
CONSTRUCTION DEMOLITION WASTE
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.
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
DISPOSAL
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 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.
HAULER or PRIVATE COLLECTOR
Any person, firm, copartnership, association or corporation who collects, transports, and disposes of refuse for a fee as herein prescribed.
HAZARDOUS WASTE
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:
A. 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
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 and universities.
MUNICIPAL WASTE
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 plan, or air pollution control facility. The term does not include source-separated recyclable materials.
MUNICIPALITY
The Borough of Millvale, Allegheny County, Pennsylvania.
PERSON
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 provisions 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.
PROCESSING
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.
RECYCLABLE MATERIALS
Materials generated and collected at residences and businesses, including but not limited to newsprint, office paper, paper junk mail, boxboard, glass containers, aluminum containers, plastic bottles, tin/steel cans, corrugated cardboard, or other materials designated for separate collection.
REFUSE
All solid waste materials which are discarded as useless.
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 "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]
RUBBISH
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, and crockery, glass, paper, and wood and yard cleanings.
SCAVENGING
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
SEWAGE TREATMENT RESIDUES
Any coarse 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.
SOLID WASTE
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
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 constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
TRANSFER STATION
Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
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 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
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.
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 scavenge any materials from any solid waste that is stored or deposited for collection within the Borough without prior approval by the Borough.
E. 
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 any Department rules and regulations adopted pursuant to Act 97.
F. 
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 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.
D. 
All municipal waste shall be stored in containers in compliance with Article I of this chapter, as amended.
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 standard 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) 
With the exception of pickup days when the containers are placed out for collection, pursuant to Article II of this chapter, the containers shall be properly stored on the owner or customer's premises at all times.
(6) 
Bulk waste items such as furniture, automobile parts, machinery, appliances, and tires shall be stored in a manner that will prevent the accumulation of 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 article. 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 with less than four units, or it may from time to time 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 article and approved by the Borough.
C. 
All 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, rubbish and bulky wastes shall be collected at least once a week.
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, odor, 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 7:00 a.m. and 5:00 p.m. or on Saturdays between the hours of 7:00 a.m. and 5:00 p.m. unless prior approval or any exception has been granted by the Borough. No collection, hauling, or transporting of solid waste shall be permitted on Sunday.
H. 
All haulers shall comply with the following standards and regulations:
(1) 
All municipal waste collected within the municipality shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan, 1990, or on subsequent revisions thereto.
(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.
Fees and charges for the collection and disposal of municipal waste shall be in accordance with Article I of this chapter, and as amended.
A. 
All appeals shall be made in writing to Borough Council. Appeals will be received for storage, collection and disposal of solid waste only. Refer to Article I for fee and charge levies and claims.
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:
(1) 
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 this 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 Court of Common Pleas of Allegheny County for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
A. 
Any person, firm or corporation who violates a provision of this article, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus costs, and, in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses.
B. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of this article found to have been violated. All fines and penalties for the violation of this article shall be paid to the Borough.
C. 
The Borough may also commence appropriate actions in equity, at law or other to prevent, restrain, correct, enjoin, or abate violations of this article.
Any ordinance or any part of an ordinance conflicting with the provisions of this article be and the same is hereby repealed to the extent that such ordinance or provision is in conflict with this article. The provisions of Article I of this chapter concerning the regulation and care of garbage and rubbish removal, as amended, and Article II of this chapter concerning the time for placing and removing trash containers for curbside pickups, are specifically exempted from this repealer in full.