[HISTORY: Adopted by the Borough Council of the Borough of Dormont as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 133.
Property maintenance — See Ch. 162.
[Adopted 7-2-1990 by Ord. No. 1390]
The short title of this article shall be the "Borough of Dormont Recycling Ordinance," and the same may be cited in that manner.
The following words and phrases used throughout this article shall have the meanings ascribed herein, unless the content clearly indicates a different meaning:
ACT 101
The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.[1]
ALUMINUM
Empty all-aluminum food or beverage containers.
BIMETAL CONTAINERS
Empty food or beverage containers consisting of steel and aluminum.
COLLECTOR
The entity or entities authorized by the municipality to collect recyclable materials from residences or authorized by commercial, municipal and institutional establishments that do not receive collection services from the municipality to collect recyclable materials from those properties.
COMMERCIAL ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, those multiple-dwelling residential buildings containing more than three dwelling units and those mixed-use facilities containing both commercial and residential units, regardless of the number of dwelling units per structure.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or individuals that include, but are not limited to, fairs, bazaars, socials, picnics and organized sporting events.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
FERROUS CONTAINERS
Empty steel or tin-coated food or beverage containers.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly excluded from this definition are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
HIGH-GRADE OFFICE PAPER
All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, churches, orphanages, day-care centers, schools and universities.
LEAD ACID BATTERIES
Includes but is not limited to automotive, truck and industrial batteries that contain lead.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residues, chipped shrubbery and tree trimmings. Expressly excluded from this definition are grass clippings.
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded from this definition are all other paper products of any nature whatsoever.
MULTIFAMILY HOUSING PROPERTY
Any property having four or more dwelling units per structure.
MUNICIPAL ESTABLISHMENT
Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
MUNICIPALITY
The Borough of Dormont, Allegheny County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste or other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation or occupancy of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[2] 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.
NEWSPAPERS
Paper of the type commonly referred to as "newsprint" and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded from this definition are newspapers which have been soiled, color comics or comic paper inserts, glossy newspaper inserts and newspaper inserts printed in colors other than black and white.
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 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.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the wide variety of types of plastics, the municipality may establish, by resolution of the Council, specific types of plastic which may be recycled.
RECYCLABLE MATERIALS
Materials generated by residences and commercial, municipal and institutional establishments which are specified by the municipality and can be separated from municipal waste and returned to commerce to be reused as a resource in the development of useful products. Recyclable materials may include, but are not necessarily limited to, clear glass, colored glass, aluminum, steel and bimetallic containers, high-grade office paper, newsprint, corrugated paper, leaf waste, plastics and any other items selected by the municipality or specified in future revisions to Act 101. The recyclable materials selected by the municipality may be revised from time to time as deemed necessary by the municipality. Said revision may be done by resolution of the Council of the municipality.
RECYCLING
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste or the mechanized separation and treatment of municipal waste (other than through combustion) and the creation and recovery of reusable materials.
RESIDENCE
Any single or multifamily dwelling having up to three dwelling units per structure for which the municipality provides municipal waste collection service.
[Amended 8-1-1994 by Ord. No. 1433]
SOURCE-SEPARATED RECYCLABLE MATERIALS
Those materials separated at the point of origin for the purpose of being recycled.
WASTE
A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Pennsylvania Department of Environmental Protection for beneficial use.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
The municipality hereby establishes a recycling program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the municipality for which waste collection is provided by the municipality or any other collector. Collection of the recyclable materials shall be made at least once per month by the municipality, its designated agency or any other solid waste collectors operating in the municipality and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments.
B. 
The recycling program shall contain a sustained public information and education program.
C. 
The Council of the Borough of Dormont is empowered to establish program regulations as it deems necessary as further described in § 177-10 herein.
D. 
This article is ordained pursuant to the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
Disposal by persons of lead acid batteries with other municipal wastes is prohibited and shall be a violation of this article.
A. 
All persons who are residents of the municipality shall separate all of those recyclable materials designated by the municipality from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection and place the same for collection in accordance with the regulations established hereunder.
(1) 
Recyclable materials shall be placed at the curbside in containers provided by the municipality for collection. Any containers provided to residences for collection of recyclable materials shall be the property of the municipality and shall be used only for the collection of recyclable materials. Any resident who moves within or from the municipality shall be responsible for returning the allocated container(s) to the municipality or shall pay the replacement cost of said container(s). Use of recycling containers for any purpose other than the designated recycling program or use of the recycling containers by any person other than the person allocated such container(s) shall be a violation of this article.
(2) 
An owner, landlord or agent of an owner or landlord of a multifamily housing property with more than three units may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials designated by the municipality to be separated, easily accessible locations for the containers and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this article shall not be liable for noncompliance of occupants of their buildings.
B. 
All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste.
C. 
Persons must separate high-grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the municipality generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this subsection if that person submits documentation to the municipality annually indicating that the designated recyclable materials are being recycled in an appropriate manner.
D. 
If recyclable materials are collected by a collector other than the municipality or its authorized agent, occupants of said establishments shall submit a quarterly report to the municipality reporting the tonnage of materials recycled during the previous year. After the first two quarterly reports are rendered, the municipality may permit annual reports.
All recyclable materials placed by persons for collection by the municipality or authorized collector pursuant to this article shall, from the time of placement at the curb, become the property of the municipality or the authorized collector, except as otherwise provided by § 177-8 of this article. Nothing in this article shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this article for any person, firm or corporation, other than the municipality or one authorized by the Council of the Borough of Dormont or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences or commercial, municipal and institutional establishments for collection by the municipality or an authorized collector, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, municipal and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal or institutional establishment may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, municipal or institutional establishment without prior written permission from the Council of the Borough of Dormont or other entity responsible for authorizing the collection of recyclable materials to make such a collection.
Disposal by persons of designated recyclable materials with waste is prohibited and shall be a violation of this article. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source-separated recyclable materials in landfills or to be burned in incinerators is prohibited, unless markets do not exist and the collectors have notified the Manager of the Borough of Dormont, or his or her designee, in writing.
A. 
The Council of the Borough of Dormont or its designee is hereby authorized and directed to promulgate, by resolution, rules and regulations for the operation and enforcement of this article, to include but not be limited to:
(1) 
Establishing designated recyclable materials to be separated for collection and recycling by residences and additional recyclable materials to be separated by commercial, municipal and institutional establishments.
(2) 
Establishing collection procedures for recyclable materials.
(3) 
Establishing reporting procedures for amounts of materials recycled.
(4) 
Establishing procedures for the distribution, monitoring and collection of recyclable containers.
(5) 
Establishing procedures and rules for the collection of leaf waste.
(6) 
Establishing that certain recyclables be rinsed free of food particles and drained prior to being placed for recycling.
B. 
Any person, firm or corporation who or which shall violate the provisions of this article shall receive an official written warning of noncompliance for the first and second offense. Thereafter, all such violations shall be subject to the penalties hereinafter provided.
C. 
Except as hereinafter provided, any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.
[Amended 8-1-1994 by Ord. No. 1433[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The municipality reserves the right not to collect municipal waste containing recyclable materials in combination with nonrecyclable materials.
The municipality may enter into an agreement(s) with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from the curbside.
The municipality may from time to time modify, add to or remove from the standards and regulations herein and as authorized in § 177-10.
[Adopted 7-2-1990 by Ord. No. 1391]
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 content clearly indicates a different meaning:
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 that 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 forests or other agricultural lands.
[Amended 8-1-1994 by Ord. No. 1433]
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 ESTABLISHMENTS
Those properties used primarily for commercial or industrial purposes, those multiple-dwelling residential buildings containing more than three dwelling units and those mixed-use facilities containing both commercial and residential units, regardless of the number of dwelling units per structure.
CONSTRUCTION AND 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.
COUNCIL
The Council of the Borough of Dormont, Pennsylvania.
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 such that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged into 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, partnership, association or corporation authorized by the municipality or its designated representative to collect, transport and dispose of refuse as herein prescribed.[2]
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 cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population or 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 or slaughterhouses.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people, including but not limited to hospitals, nursing homes, churches, orphanages, day-care centers, schools and universities.
MULTIFAMILY HOUSING PROPERTY
Any property housing four or more dwelling units per structure.
MUNICIPALITY
The Borough of Dormont, Allegheny County, Pennsylvania.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation or occupancy of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[3] 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.
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 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 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.
REFUSE
All solid waste materials which are discarded as useless.
RESIDENCE
Any single-family or multifamily dwelling, whether or not occupied, having up to three dwelling units per structure for which the municipality provides municipal waste collection service. Each apartment unit situate within a structure shall be considered a residence for the purposes of this article.
[Amended 1-4-1994 by Ord. No. 1427; 10-2-1995 by Ord. No. 1453]
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,[4] or 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.[5]
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.
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.
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 SYSTEM
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: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
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 municipality 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 Allegheny County Health Department, or its successor, Rules and Regulations, Article VIII.
B. 
It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Allegheny County Health Department, or its successor, Rules and Regulations, Article VIII.
C. 
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this article, any Department rules and regulations adopted pursuant to Act 97 and the Allegheny County Health Department, or its successor, Rules and Regulations, Article VIII.[1]
[1]
Editor's Note: Original § 177-16D of the 1994 Code, which prohibited the unlicensed collection, hauling, transportation or removal of solid waste and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 municipality without prior approval by the municipality.
E. 
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.[2]
[2]
Editor's Note: Original § 177-16G of the 1994 Code, which prohibited the deposit of solid waste upon Borough streets, alleys, sidewalks, bodies of water and public or private property and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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 free of 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 20 pounds in weight.
(6) 
When specified by the municipality 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 municipality 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 32 gallons and a loaded weight of not more than 32 pounds.
(4) 
Disposable plastic bags or sacks are acceptable containers, provided that 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 32 pounds.
(5) 
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
(6) 
It shall be unlawful for any person to store a trash can within a Borough right-of-way or within any hallway, entranceway, lobby or similar common area of any dwelling designed or occupied as a residence for two or more families. It shall be unlawful for any person to privately store a trash can within 10 feet of any adjoining building, provided that there is at least 10 feet distance between the two building lines of adjacent buildings or within the area between the face of any building and the adjacent street right-of-way line.
[Amended 5-1-2000 by Ord. No. 1490]
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 municipality or its designated representative.
(5) 
Containers shall be placed by the owner or customer at a collection point specified by the municipality 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. The municipality does not have the obligation to remove these materials.[1]
[1]
Editor's Note: Original § 177-17E(8) of the 1994 Code, as amended, which authorized the Borough to license commercial collectors and charitable organizations and immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
The storage of all municipal waste from multifamily housing property, 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, shall be in appropriate size and condition to adequately store the municipal waste and are subject to approval by the municipality. The municipality may require an annual inspection of the same and establish by resolution a fee for said inspection.
A. 
The municipality shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with fewer than four units 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 municipality unless they can demonstrate that they have made alternative arrangements that are consistent with this article and approved by the municipality.
C. 
All multifamily residential sources (with four or more units), commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the municipality's collector or any other authorized hauler or private collector of their choice.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the municipality'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 municipality reserves the right to require more frequent collection when deemed necessary.
F. 
Residential collection schedules shall be published regularly by the municipality or its contracted hauler.
G. 
All solid waste collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the municipality. No collection, hauling or transporting of solid waste shall be permitted on Sunday.
[Amended 8-1-1994 by Ord. No. 1433]
H. 
All authorized haulers and private collectors shall comply with the following standards and regulations:
[Amended 8-1-1994 by Ord. No. 1433[2]]
(1) 
All municipal waste collection within the municipality shall ultimately be disposed of only at a landfill cited in the Allegheny County Solid Waste Plan 1990, or in 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 the Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Council shall be authorized to make funds available, in accordance with the laws and procedures of the municipality, 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. 
The fee shall be determined by resolution of the Council for the collection, removal and disposal of garbage and rubbish and related costs, including but not limited to costs incurred by the Borough to comply with the provisions of Act 101 of 1988, known as the "Municipal Waste Planning, Recycling and Waste Reduction Act,"[1] and shall be assessed against the owner or occupier of each residence located within the Borough. Each apartment unit situate within a structure shall be considered a residence for the purposes of this article.
[Amended 1-4-1994 by Ord. No. 1427]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C. 
The fee shall be assessed, paid and collected on an annual basis or on such a basis as determined by resolution of the Council. If the fee is not paid on a timely basis when due (i.e., within 30 days after the date of said statement), the unpaid portion thereof, together with a ten-percent penalty, shall bear interest at the rate of 10% per annum. If collection is pursued, costs may be charged by the Borough and/or its agent and shall be imposed on, in addition to the aforesaid fee, the penalty and interest.
[Amended 5-1-2000 by Ord. No. 1490]
D. 
If the occupier of the residence is not the owner of the premises from which the garbage or rubbish is removed, the Borough of Dormont hereby imposes said fee upon and demands payment thereof from the owner of such premises. If the payment is not timely made, the Borough of Dormont shall file a lien therefor against the premises served for the amount due, plus penalty, interest and costs as aforesaid, or shall collect the same by suit in assumpsit. Penalty and interest shall be in such amount or at such rate which is the maximum permissible by law under the statutes of the Commonwealth of Pennsylvania and such as shall be permitted under the provisions of the Local Tax Enabling Act and Local Tax Collection Law of the Commonwealth of Pennsylvania.[2]
[Amended 1-4-1994 by Ord. No. 1427]
[2]
Editor's Note: See 53 P.S. § 6924.101 et seq. and 72 P.S. § 5511.1 et seq., respectively.
E. 
Nothing herein contained shall be construed to forbid the owner of any premises which is subject to the terms of this article from requiring any tenant or possessor of said premises to reimburse said owner for all or any part of the fee paid by said owner for the collection, removal and disposal of services referred to in this article.
F. 
In the event that an owner of a multiple-unit or multifamily structure renovates the premises so as to remove the separate units previously in existence or reduces the number of residential units (apartment units) in the structure and files for and obtains an occupancy permit for a lesser number of such units, then the billing previously attributed to such eliminated apartment unit and charged to the same shall likewise be discontinued as to future usage and shall no longer be chargeable to the owner of the premises. In addition to the actual renovation and obtaining of a revised occupancy permit, the owner of the premises shall file an affidavit with the Borough Manager of the Borough of Dormont stating that the premises shall, in the future, be operated and occupied only in accordance with the provisions of the revised occupancy permit.
[Added 1-4-1994 by Ord. No. 1427]
G. 
Any person or persons who previously or prior to January 1, 1993, submitted affidavits to the Borough Manager of the Borough of Dormont or to any such Clerk charged with the duties of collecting garbage disposal fees, and who have further renovated the premises to remove or eliminate apartment units or residential units in said premises and who, in reliance upon such actions, have failed to pay appropriate garbage disposal charges for any years up to the year 1993, shall be excused from the payment of penalty and interest charges on the said billings attributable to such owner's premises. Evidence of the submission of such affidavits and acceptance by the appropriate Borough officer or employee receiving the same shall be required to be presented by such owner in order to obtain the abatement of the penalties and interest referred to herein. In the event of any dispute regarding the prior submission of such affidavits and the receipt of the same, the matter shall be resolved by the Borough Manager, subject to the review of the Borough Council. Council shall abate such penalties and interest by appropriate motion at any duly convened meeting of the Council, at which the certification of the Borough Manager shall be submitted to the Council.
[Added 1-4-1994 by Ord. No. 1427]
H. 
Authorized haulers and private collectors shall be responsible for the collection of any collection and disposal fees from multifamily residential sources (four or more units) and commercial, institutional and industrial customers.
[Added 8-1-1994 by Ord. No. 1433[3]]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Appeals may be made by any person who is aggrieved by a new standard or regulation issued by the municipality after the effective date of this article. Such person must file his or her notice of appeal within 20 days after the municipality gives public notice of its intention to issue the new standard or regulation. Public notice shall be given by posting a notice at the office of the municipality and by publishing the same once in the newspaper normally used by the municipality for the publishing of its public notices.
B. 
The notice of appeal shall be served upon the municipality at its office, in writing, and sent by certified mail with return receipt requested. Within 45 days after receipt of the notice of appeal, the Solid Waste Management Commission shall hold a public hearing. Notice of the hearing shall be sent to all interested parties, including the municipality and the party filing the appeal, 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.
C. 
The administrative appeals provided for herein shall be made, in writing, to the governing body of the municipality. Prior to any disposition by the Council, the appeal shall be immediately referred by the Borough Manager to the Solid Waste Management Commission for a public hearing and recommendation by the Commission.
D. 
Pending a reversal or modification by the Council of the recommendation of the Solid Waste Management Commission, all recommendations of the Solid Waste Management Commission shall be determinative of the appeal. The recommendation of the Solid Waste Management Commission shall become final unless reversed or modified by the Council within 60 days after the Borough Manager receives notice of said Commission's recommendation.
The municipality may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this article.
[Amended 8-1-1994 by Ord. No. 1433[1]]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Allegheny County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The municipality may from time to time modify, add to or remove from the standards and regulations herein, as authorized herein.