This chapter shall be known as the "Borough of Verona Municipal
Solid Waste and Recycling Ordinance."
The Borough hereby establishes a program for municipal solid
waste management and the separation of recyclables from municipal
waste which will be collected for disposal from residential dwellings,
and commercial, industrial, and institutional establishments.
A.Â
It is the intent and purpose of this chapter to promote the public
health, safety, and welfare, and to eliminate public health hazards,
environmental pollution, and economic loss associated with municipal
solid waste accumulated or stored upon any property within the Borough.
B.Â
Verona Borough, recognizing that the reclamation of recyclable materials
has become an important method for addressing the growing solid waste
disposal problem through conservation of landfill space, preservation
of natural resources, and a reduction in energy consumption, does
hereby authorize the storage, collection, transportation and processing
of municipal solid waste, and recyclable materials, in accordance
with the provisions of the Municipal Waste Planning, Recycling and
Waste Reduction Act, Act of July 28, 1988, P.L. 528, No. 101 ("Pennsylvania
Act 101[1]) the Allegheny County Solid Waste Management Plan, and
this chapter.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C.Â
Conditions.
(1)Â
This chapter is intended to be an integral part of an overall system
designed to facilitate recycling and waste minimization and foster
the cooperation of the residents and businesses by providing that
all residential, commercial, industrial, and institutional waste shall
be collected, transported, and disposed of within the following conditions:
(a)Â
For the purpose of municipal waste, and source-separated recyclables
collection, all developed residential properties, except as exempted
herein, shall be served by a licensed hauler through an exclusive
contract with the Borough to the extent provided by this chapter and
all commercial, industrial, and institutional establishments shall
be served by a licensed hauler with which they contract directly.
(b)Â
Haulers collecting municipal solid waste shall be licensed with
the Commonwealth of Pennsylvania and registered with Verona Borough.
Haulers collecting source-separated recyclables must be registered
with Verona Borough.
(c)Â
All municipal solid waste shall be disposed of at a facility
designated in the Allegheny County Municipal Solid Waste Management
Plan and in accordance with state, federal, and county laws and ordinances.
(d)Â
Source-separated recyclables shall be managed in accordance
with Pennsylvania Act 101 and the Allegheny County Municipal Solid
Waste Management Plan and shall not be collected and removed for disposal
at a landfill.
(2)Â
These conditions are established to ensure Borough compliance with
Pennsylvania Act 101 and the Allegheny County Municipal Solid Waste
Management Plan.
The Borough hereby establishes an education program for municipal
solid waste management and recycling in accordance with the provisions
of Pennsylvania Act 101 and this chapter. Educational materials and
presentations shall be designed to increase the participation of both
residents and business; to meet the recycling rates and goals established
by the commonwealth and to encourage waste minimization and pollution
prevention within the Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
Collection of municipal solid waste from residential properties
at a location other than curbside.
Plastic sacks designed for municipal waste with sufficient
wall strength to maintain physical integrity when lifted by the top,
with a capacity not to exceed 32 gallons and a loaded weight not to
exceed 25 pounds.
The monthly cost per residential unit for garbage collection
service, which includes the collection of recyclables.
The governmental jurisdiction and legal entity of Verona
Borough, Allegheny County, Pennsylvania.
The governing body of the Borough of Verona.
Empty bottles, jugs and jars made of clear glass. Expressly
excluded are broken glass, noncontainer glass, plate glass, automotive
glass, safety glass, light bulbs and porcelain and ceramic products.
Empty bottles, jugs and jars made of green or brown glass.
Expressly excluded are broken glass, plate glass, automotive glass,
safety glass, light bulbs, porcelain and ceramic products, and glass
of any other than green or brown color.
Any establishment engaged in a nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers, and theaters. Multifamily dwellings
and townhomes of greater than four units, not individually owned,
mobile home parks, hotels, motels, mixed-use properties (combined
business/residential on a single parcel) and farms which use commercial
dumpsters shall be considered commercial establishments. The term
does not include properties where the primary permitted use is residential
and an accessory use is commercial (i.e., home occupations).
Events sponsored in whole or in part by a municipality, or
conducted within a municipality and sponsored privately, that will
be attended by 200 or more individuals per day, which include, but
are not limited to, fairs, bazaars, festivals, regattas, street sales,
socials, picnics and organized sporting events.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation and other material
which results from a construction, demolition, or remodeling process.
Waste building materials resulting from construction, remodeling,
repair, or demolition operations.
A metal or plastic receptacle used for garbage and/or recyclables
collection that is rodent- and insectproof.
The individual, firm, partnership, joint venture, corporation,
or association performing refuse, recycling and yard waste collection,
processing and disposal under contract with the Borough.
Desktop and notebook/laptop computers, computer monitors,
computer peripherals, televisions, and any other devices defined under
the Covered Device Recycling Act of 2010.[1]
From any structure, a point at the side of a Borough or state-maintained
roadway abutting the property, or from a structure abutting a private
roadway, a point at the side of the private roadway, provided the
property owner has issued a waiver for collection vehicles to travel
along the roadway for collection.
Recycling services generally provided to single-family structures
and individually owned units in multifamily dwellings. Recyclables
are placed by customers at curbside locations for collection.
The owner of any residential, commercial, industrial, or
institutional property located within the Borough.
An agent such as the Council of Governments, or a municipal
authority, acting on behalf of a municipality or county whose powers
and responsibilities are established in an intergovernmental agreement
or similar document.
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 or a constituent of the solid waste enters the environment,
is emitted into the air, or is discharged to the waters of this commonwealth.
A refuse depository for the processing or final disposal
of refuse including but not limited to sanitary landfills, transfer
stations, incinerators, and waste processing separation centers, licensed,
permitted or approved by all governmental bodies and agencies having
jurisdiction.
(also at times referred to as a "detachable container" or
a "roll-off container") A watertight, all-metal container, not less
than 3/4 cubic yards in capacity and equipped with a tight-fitting
metal or plastic cover. The term shall also apply to containers of
other materials of similar size when approved by the Borough.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together, or one family. Each dwelling unit within a noncommercial
building shall be considered an individual customer.
An agreement entered into by Verona Borough, or its designated
agent, with a private person or corporation for the collection, disposal,
and processing of all residential municipal waste and recyclables
within Verona Borough.
A single parcel of land of at least 10 acres, which is used
for normal agricultural purposes, including barns, greenhouses, and
not more than three single-family dwelling units.
Vegetable and other food scraps, including meat, dairy products,
grease and bones; paper which has been contaminated with food, fat
or grease; and compostable paper including paper towels, paper plates,
tissue and waxed paper.
All discarded putrescible waste matter but not including
sewage or sewage sludge, human excrement or leaf and yard waste.
A metal or plastic receptacle used for the purpose of receiving
and storing municipal solid waste for collection.
A person or municipality that produces or creates municipal
waste.
Waste designated as hazardous by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
Any establishment engaging in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, and refineries.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools,
and universities.
A person who has obtained an authorization from the Commonwealth
of Pennsylvania and is registered with Verona Borough. Said authorizations
will be issued under the Waste Transportation Safety Act (Pennsylvania
Act 90) authorizing said person to collect, transport, and/or dispose
of municipal solid waste, and bulk waste from residential, commercial,
industrial, and institutional establishments. Persons that are not
required to obtain authorizations issued under the Waste Transportation
Safety Act (Pennsylvania Act 90) and persons that collect, transport,
and/or process only source-separated recyclables from residential,
commercial, industrial, and institutional establishments must register
with Verona Borough to be considered a licensed hauler.
The transfer of ownership of recyclable materials for the
purpose of recycling the materials into a new product or use.
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 in the Solid Waste Management Act 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.
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and post closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge.
A comprehensive plan for an adequate municipal waste management
system in accordance with Chapter 272, Subchapter C (relating to municipal
waste planning).[2]
Structures for residential living consisting of attached
units.
See "customer."
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Any technology used for the purpose of reducing the volume
or bulk of municipal 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.
For residential properties, this shall include mixed waste
paper, including office paper, junk mail and envelopes, corrugated
and cardboard materials, newspapers, magazines, telephone books, bimetal
and aluminum cans and lids, clean aluminum foil and foil products,
clear glass and colored glass and plastics #1 through 46. For commercial,
industrial, institutional and community activities recyclables shall
include corrugated cardboard, high-grade office paper and aluminum
cans.
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 creation and recovery of reusable materials
other than a fuel for the operation of energy.
A receptacle owned and provided by the Borough, and/or provided
by the contractor for the purpose of receiving and storing recyclables
for collection.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish or a combination thereof.
Any house, dwelling, multiunit residence, apartment house,
or any building put to residential use except mixed-use buildings.
A group of rooms located within a building and forming a
single inhabitable unit with facilities that are used or are intended
to be used for living, sleeping, cooking and eating. Buildings are
included that contain four or less separate or contiguous single-family
dwelling units with each unit to be treated separately for purposes
of billing, or multifamily dwelling units of five or more dwelling
units that are separately owned.
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 shall
not include coal refuse as defined in the act of September 24, 1968
(P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act.[3] The term shall not include treatment sludge 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 act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean
Streams Law.[4] (Pennsylvania Act 101, § 103).
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
All single-family homes, and multifamily dwellings of four
units or less, as well as multifamily dwellings of five or more dwelling
units that are separately owned.
The following categories of materials are considered unacceptable
for collection and disposal as municipal solid waste:
Hazardous waste.
Residual waste.
Covered devices.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutic waste.
Construction materials.
Gas cylinders.
Explosives and ordinance material.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
Drums, barrels, and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the Borough.
Automotive parts, including tires.
Refers to major appliances such as refrigerators, freezers,
stoves, water heaters, air conditioners and washing machines.
