City of Lower Burrell, PA Article II Collection and Disposal

[Adopted 11-9-1992 by Ord. No. 13-1992]

§ 247-8 Short title.

This article shall be known and referred to as the "Municipal Solid Waste Ordinance." The recitals set forth above are incorporated herein by reference.

§ 247-9 Definitions.

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

ACT 97

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

ACT 101

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

BULKY WASTE

Large items of solid waste including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to size, shape or weight.

COLLECTOR or WASTE HAULER

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

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including restaurants, shopping centers and theaters.

CONTAINER

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

COUNTY

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

DEP

The Pennsylvania Department of Environmental Protection.

DISPOSAL

The deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE

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

GARBAGE

Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisance as odors, gases or vectors.

INDUSTRIAL ESTABLISHMENT

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

INSTITUTIONAL ESTABLISHMENT

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

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.

LICENSED COLLECTOR or LICENSED WASTE HAULER

Any municipal waste collector or hauler possessing a current, valid county license issued by the Westmoreland County Department of Planning and Development pursuant to County Ordinance No. 2 of 1992.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source separated recyclable materials.

MUNICIPALITY

The City of Lower Burrell, Westmoreland County, Pennsylvania.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

RUBBISH

All nonputrescible municipal waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.

SALVAGING

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

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

TRANSPORTATION

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

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

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

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

§ 247-10 Prohibited activities.

A. It shall be unlawful for any person to accumulate or permit to accumulate upon 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 adopted pursuant to Act 97 or Act 101.

B. It shall be unlawful for any person to burn any solid waste, including leaf waste, within the City except in accordance with all applicable Department rules and regulations adopted pursuant to Act 97, Act 101 and Westmoreland County requirements.

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 Westmoreland County Department of Planning and Development.

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.

G. It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection, or to discard or dispose of any lead acid battery except by delivery to a secondary lead smelter permitted by the U.S. Environmental Protection Agency, or a collection or recycling facility approved by the Department.

§ 247-11 Standards for storage of solid waste.

A. The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.

B. 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 stored all waste materials therein.

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."

§ 247-12 Standards and regulations for collection.

A. All household and homeowners shall utilize the services of a licensed collector of their choice for disposal of their domestic waste or household waste, unless they can demonstrate that the waste is properly disposed in a manner consistent with this article and all applicable Department rules and regulations adopted pursuant to Act 97 and Act 101.

B. All licensed collectors and licensed 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 the following landfills: BFI Landfill, Imperial, Pa., Valley Landfill, Chamber's of Monroeville Landfill, which are the county-designated disposal facilities in accordance with the Municipal Waste Management Plan for Westmoreland County.

§ 247-13 Licensing requirements.

No person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the City without first obtaining a license from the Westmoreland County Department of Planning and Development pursuant to the requirements of County Ordinance No. 2 of 1992.

§ 247-14 Violations and penalties.

[Amended 12-12-2016 by Ord. No. 6-2016]

Any person who violates any provision of this article may be subject to any fines and penalties imposed by Westmoreland County, the applicable Westmoreland County ordinances as well as any fines and penalties which may be imposed by DEP under Act 101.