[Ord. 81, 4/6/1993, § I]
This Part shall be known and referred to as the "Frazer Township
Solid Waste Ordinance."
[Ord. 81, 4/6/1993, § 2; as amended by Ord. 137,
7/5/2005]
1.
ACHD
ACHD REGULATIONS
ACT OR ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
COMPOSTING
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD, WASTE
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TRANSPORTATION
The following words and phrases as used in this Part shall have the
meaning ascribed herein, unless the context clearly indicates a different
meaning:
The Allegheny County Health Department or its successor.
The ACHD Rules and Regulations, Article VIII, Solid Waste
and Recycling Management, as amended.
The Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq., as amended.
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 non-processing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus - like product.
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
the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
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 ACHD and who collects, transports, and
disposes of refuse for a fee.
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.
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.
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 Part 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 of 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, 52 P.S. § 30.51 et seq., as amended.
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, 35 P.S. § 691.1 et seq., as amended.
All non-putrescible 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 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.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
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.
The off-site removal of any solid waste at any time after
generation.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 81, 4/6/1993, § 3]
1.
Manure which is not collected or hauled on a commercial basis, which
is applied to land for fertilization purposes, and which is not intended
to be collected or removed, shall not be regulated by this Part as
agricultural or solid waste.
2.
This Part shall not be construed to regulate materials collected
for home composting, in compliance with "Home Composting - A Guide
to Recycling Plant Waste at Home," published by the Allegheny County
Division of Waste Management. This exclusion shall include grass,
garden clippings, leaves, tree trimmings, and similar vegetation,
which originate on a property and which is appropriately composted
on that same property.
[Ord. 81, 4/6/1993, § 4; as amended by Ord. 137,
7/5/2005]
It shall be unlawful for any person to:
A.
Accumulate or permit to accumulate upon any public or private property
within the Township, any garbage, rubbish, bulky waste, or any other
municipal or residual solid waste except in accordance with the provisions
of this Part, any Department rules and regulations adopted pursuant
to Act 97 and the ACHD regulations.
B.
Burn any solid waste within the Township except in accordance with
the provisions of this Part, any Department rules and regulations
adopted pursuant to Act 97 and ACHD regulations.
C.
Dispose of any solid waste in the Township except in accordance with
the provisions of this Part, any Department rules and regulations
adopted pursuant to Act 97 and ACHD regulations.
D.
Haul, transport, collect, or remove any solid waste from public or
private property within the Township without first securing a license
to do so from ACHD. Volunteers collecting refuse and similar solid
waste on public property for eventual disposal in accordance with
this Part shall not be required to obtain a license under this provision.
E.
Scavenge any materials from any solid waste that is stored or deposited
for collection within the Township.
F.
Salvage or reclaim any solid wastes within the Township except at
an approved and permitted resource recovery facility under Act 97
and any Department rules and regulations adopted pursuant to Act 97.
G.
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 Township except
as provided in this Part.
[Ord. 81, 4/6/1993, § 5]
1.
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 or public nuisances.
2.
Any person producing municipal waste shall provide a sufficient number
of containers to store all waste materials generated during periods
between regularly scheduled collections, and shall place and store
all waste materials therein.
3.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
A.
All municipal waste shall be drained of free liquids before being
placed in storage containers.
B.
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
C.
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage containers.
D.
Garden clippings and tree trimmings shall be placed in containers
acceptable to the hauler servicing the property 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.
E.
Newspapers and magazines shall be placed in containers or shall be
tied securely into bundles of not more than 40 pounds in weight.
4.
All municipal waste shall be stored in containers acceptable to the
waste haulers collecting said waste.
5.
Any person storing municipal waste for collection shall comply with
the following storage standards:
A.
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
B.
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.
C.
Containers shall be used and maintained so as to prevent public nuisances.
D.
Containers that do not conform to the standard of this chapter 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 waste hauler.
E.
Containers shall be placed by the owner or customer at a collection
point specified by the waste hauler.
F.
With the exception of pick-up days when the containers are placed
out for collection, the containers shall be properly stored on the
owner or customer premises at all, times.
G.
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.
6.
The storage of all municipal waste from multi-family residential
units, commercial establishments, institutions and industrial lunchroom
or office waste sources is subject to the regulations and standards
set forth in this Part. The type, size and placement requirements
for bulk containers shall be determined by the waste generator and
the waste hauler.
[Ord. 81, 4/6/1993, § 6; as amended by Ord. 137,
7/5/2005]
1.
All individual residences, multi-family residential sources, and
commercial, institutional, and industrial establishments shall negotiate
and individually contract for collection service with a properly licensed
waste hauler.
2.
All residential garbage and rubbish shall be collected at least once
a week.
3.
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.
4.
All haulers operating within the Township shall comply with the following
standards and regulations:
A.
All municipal waste collected within the Township shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan - 1990, or on subsequent revisions thereto.
B.
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 ACHD.
C.
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.
D.
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
E.
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
F.
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
5.
Individual residences may jointly contract for the storage of residential
municipal waste in accordance with § 20-105.5. Any such
contract shall provide for ultimate disposal in conformity with this
Part. Non-commercial transportation of such residential waste to such
storage shall not be subject to the prohibition on unlicensed haulage
and transportation of solid waste in subsection .1.
6.
An individual residence may dispose of municipal waste generated
by that residence without a contract with a licensed waste hauler
but otherwise in conformity with this Part and applicable laws and
regulations provided that an appropriate statement shall be filed
with the Township Code Official/Building Inspector. Said statement
shall be filed in January of each year, beginning in 1994, shall be
signed by an owner of the residence, and shall describe the means
of disposal utilized for municipal waste from that residence.
[Ord. 81, 4/6/1993, § 7]
All properly licensed haulers operating in the Township shall
be responsible for the collection of any fees for solid waste collection
and disposal services provided to residential, commercial, institutional,
or industrial sources within the Township.
[Ord. 81, 4/6/1993, § 8; as amended by Ord. 137,
7/5/2005]
Any person, firm or corporation who shall violate any provision
of this Part, or fails to comply therewith, or with any of the requirements
thereof, upon conviction thereof in an action brought before a magisterial
district judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedures, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs, including reasonable attorney fees incurred by the Township,
and, in default of payment of said fine and costs, to a term of imprisonment
to the extent permitted by law for the punishment of summary offenses.
A separate offense shall arise for each day or portion thereof in
which a violation of this Part is found to exist or for each section
of this Part found to have been violated. The Township may also commence
appropriate actions in equity or other to prevent, restrain, correct,
enjoin, or abate violations of this Part. All fines and penalties
collected for violation of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation and the
service of any required notice of violation are hereby delegated to
the Township Secretary, the Code Official/Building Inspector, the
Code Enforcement Officer, the Zoning Officer and their designees and
to any other officer or agent that the Township Secretary or the Board
of Supervisors shall deem appropriate.