[Ord. 354, 11/13/2003, § I]
This Part shall be known and referred to as the "Solid Waste
Ordinance."
[Ord. 354, 11/13/2003, § II; as amended by Ord.
418, 1/29/2014]
1.
ACT OR ACT 97
AGRICULTURAL WASTE
BULK WASTE OR BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION AND DEMOLITION WASTE
DEPARTMENT
DISABLED CITIZEN
DISPOSAL
DOMESTIC WASTE OR HOUSEHOLD WASTE
EXCLUDED ITEMS
GARBAGE
HAULER OR PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
RECYCLED MATERIALS
REFUSE
RESIDENTIAL CUSTOMER
RESIDUAL WASTE
RUBBISH
SCAVENGING
SENIOR CITIZEN
SEWAGE TREATMENT RESIDUES
SOLID WASTE
STORAGE
TOWNSHIP
TRANSPORTATION
TRANSFER STATION
YARD WASTE
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 Pennsylvania Solid Waste Management Act of 1980, P.L.
380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
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.
All household items too large to fit in or too heavy to be
transported in a closed thirty-two-gallon container, a sealed box
of equal size, plastic bag, or that is bundled in a size greater than
three feet and exceeds 40 pounds in weight, including, but not limited
to, carpeting, appliances, furniture and large trees and branches
that require special handling. These items shall be placed within
five feet from a public or private way for collection no earlier than
24 hours prior to their scheduled collection.
Any establishment engaged in nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
Any person residing in the municipality that is currently
receiving social security disability benefits, or who has written
confirmation from his or her physician that he or she is permanently
disabled, and unable to engage in any type of substantial, gainful
activity.
[Added by Ord. No. 453,
5/22/2018]
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 into
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.
Building materials except to the extent that such item(s)
meet the definition of "rubbish" hereunder, concrete, dirt, sod, stone,
large car parts, tires, asphalt, railroad ties, landscape ties, liquid
paint, animal carcasses, propane tanks, chain link fence rolls, car
batteries, oil, gasoline, antifreeze and other similar vehicle fluids,
brick, block, tree and shrub stumps, electronics (including, but not
limited to, electric typewriters, cell phones, copiers, computers,
mainframes, servers, printers, scanners, fax machines, disk drives,
surge protectors, microwaves, computer cables and other cabling, satellite
systems, VCR and DVD machines, MP3 players, cassette players, CD players,
pianos, video games, video game consoles, and all digital photographic
equipment), and other items determined to require special handling
and those items excluded by landfill.
[Amended by Ord. No. 453, 5/22/2018]
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 Township or its designated representative
to collect, transport, and dispose of refuse for a fee as herein prescribed.
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: (1) cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; and (2) 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 Township of North Fayette, Allegheny County, Pennsylvania.
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 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
of 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.
Are defined pursuant to Ord. 240, 1991 [Part 2]. The specific
items included in the definition of recyclable materials, their separation,
and collection are prescribed in Ord. 240 [Part 2].
All solid waste materials which are discarded as useless.
The owner of a home, dwelling or any other structure being
used as a residence, and that generates domestic or household waste.
[Added by Ord. No. 453,
5/22/2018]
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. 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.
All non-putrescible municipal waste except garbage and other
decomposable matter that can be contained in one 32-gallon container,
sealed box of equal size or plastic bag per weekly scheduled collection
and does not exceed 40 pounds in weight. This category includes, but
is not limited to, ashes, bedding, cardboard, crockery, wood, construction
materials, small furniture items, nonrecyclable cans, glass, paper.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any person residing in the municipality that is 67 years
of age, or older.
[Added by Ord. No. 453,
5/22/2018]
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 Township of North Fayette, Allegheny County, Pennsylvania.
The off-site removal of any solid waste at any time after
generation.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
Solid waste that is an accumulation of lawn grass, shrubbery
cuttings, clippings, leaf takings, tree branches, bushes or shrubs,
green leaf cuttings, or other vegetative matter created as refuse
in the care of lawns and yards that does not four feet in length and
40 pounds in weight. This does not include branches exceeding three
inches in diameter, trees or bulky and non-containerized material
that may require special handling Bundled limbs from tree trimmings
not exceeding four feet in length, two feet in diameter and weighing
less than 40 pounds may be placed at the curbside for regular weekly
pick up. These items shall be placed within five feet from a public
or private way for collection no earlier than 24 hours prior to their
scheduled collection.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 354, 11/13/2003, § III]
1.
It shall be unlawful for any person to accumulate or permit to be
accumulated 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 Health Department Rules and Regulations, Article VIII.
2.
It shall be unlawful for any person to 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
the Health Department Rules and Regulations, Article VIII.
3.
It shall be unlawful for any person to 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
the Health Department Rules and Regulations, Article VIII.
4.
It shall be unlawful for any person to haul, transport, collect,
or remove any solid waste from public or private property within the
Township without first securing a license to do so in accordance with
the provision of this Part.
5.
Is shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Township without prior approval by the Township.
6.
It shall be unlawful for any person to 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 regulation
adopted pursuant to Act 97.
7.
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 Township except as provided in this Part.
[Ord. 354, 11/13/2003, § IV]
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, unsightliness or public nuisances.
2.
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.
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.
Yard waste, including grass, leaves and garden clippings, shall be
placed in a biodegradable brown paper "Kraft" bag not exceeding 40
pounds in weight. Bundled limbs from tree trimmings not exceeding
four feet in length, two feet in diameter and weighing less than 40
pounds may be placed at the curbside for regular weekly pick up between
the first Monday of April of each year and ending the fourth Friday
of November of each year.
E.
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight. Limit one bundle per household per collection.
F.
When specified by the Township or its designated representative,
special preparation and storage procedures may be required to facilitate
the collection and resource recovery of certain waste materials.
4.
All municipal waste shall be stored in containers approved by the
Township or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards:
A.
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 leak-proof, weatherproof, insectproof, and
rodentproof.
B.
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
C.
Reusable containers for individual residences shall have a capacity
of not less than 10 gallons nor more than 40 gallons, and a loaded
weight of not more than 40 pounds.
D.
Disposable plastic bags or sacks are acceptable containers provided
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 35 pounds.
E.
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
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 standards of this Part 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 Township or its designated representative.
E.
Containers shall be placed by the owner or customer at a collection
point specified by the Township or its designated representative.
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, and are subject to approval by the Township.
[Ord. 354, 11/13/2003, § V; as amended by Ord.
369, 8/23/2005]
1.
The Township shall provide for the collection of all garbage, rubbish,
and bulky wastes from individual residences, including those situate
in mobile homes/trailer parks, and multifamily residential sources
with less than four units. All individual residences and multifamily
sources with less than four units shall:
[Amended by Ord. No. 453, 5/22/2018]
A.
Utilize the residential collection service provided by the Township.
B.
Pay the appropriate fee for collection, as determined by the fee
schedule published by the Township.
|
These fees shall be payable by the owner of an individual residence
or multi-family residence with less than four units regardless of
actual participation in the collection service.
|
2.
All multi-family residential sources (with more than four units),
commercial, institutional, and industrial establishments shall individually
contract collection service with the Township or any other properly
licensed waste hauler of their choice.
3.
All garbage, rubbish and yard waste shall be placed at the curb within
five feet from a public or private way no more than 24 hours prior
to the scheduled collection time. Individuals who because of medical
necessity can not place their garbage, rubbish or yard waste at the
curb may make arrangements with the Township for rear yard service
upon presentation to the Manager of satisfactory documentation and
proof of medical condition.
4.
All residential solid waste, including residential garbage and rubbish,
yard waste, and bulky waste, shall be place for collection as follows:
A.
Residential Garbage and Rubbish. Shall be collected at least once
a week.
B.
Bulky Materials. Residents who wish to dispose of bulky waste as defined in § 20-102 hereof shall call the Township office to make collection arrangements prior to placing any such items at the curb for collection. Fees will be charged for collection of bulky waste space upon the amount of material to be disposed and shall be paid in advance of collection. A designated Township official will determine the fee to be charged after inspection of the material to be disposed and shall, upon review, communicate to the resident approval to place such items for collection, the date of placement and collection, and the fee therefor.
C.
Yard Waste. Residents who wish to dispose of yard waste as defined in § 20-102 hereof shall place such waste at the curb no more than 24 hours in advance of the scheduled collection beginning the first Monday in April of each year and ending the fourth Friday in November of each year. Except as otherwise provided, all such yard waste, including but not limited to grass, leaves and garden clippings, shall be placed in a biodegradable "Kraft" bag not exceeding 40 pounds in weight. Bundled limbs from tree trimmings not exceeding four feet in length, two feet in diameter and weighing less than 40 pounds may be placed at the curbside for regular weekly pick up within five feet from a public or private way not more than 24 hours in advance of the scheduled pick ups for other yard waste.
D.
Christmas Trees. Christmas trees collected by the Township during
the first two weeks of January.
5.
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 Township reserves the right to require more frequent
collection when deemed necessary.
6.
Residential collection schedules shall be published regularly by
the Township or its contracted hauler.
7.
All solid waste collection activity shall be conducted from Monday
through Friday between the hours of 5:00 a.m. and 6:00 p.m. or on
Saturdays between the hours of 5:00 a.m. and 6:00 p.m., unless prior
approval of any exception has been granted by the Township. No collection,
hauling, or transporting of solid waste shall be permitted on Sunday.
8.
All licensed haulers and haulers under contract with 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 any subsequent revision 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 Allegheny County Health Department.
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.
9.
Notwithstanding any provision to the contrary herein, the Township shall not accept for collection, and no person shall attempt to deposit or place for collection, any excluded items as defined in § 20-102 hereof, or any other items determined by the Township to require special handling or which are excluded from a reasonably accessible land fill.
[Ord. 354, 11/13/2003, § VI]
1.
The Board of Supervisors of the Township shall be authorized to make
funds available, in accordance with the laws and procedures of the
Township, 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.
2.
Annual fee schedules shall be published by the Township based on
any competitively bid residential collection service contract that
may be awarded by the Township.
3.
The Township shall be responsible for the collection of any fees
for solid waste collection and disposal from residential customers.
Licensed haulers shall be responsible for the collection of any collection
and disposal fees from commercial, institutional, and industrial customers.
4.
Fee for Generating Estimated and Pro-Rated Bills. The Township shall
set by resolution and publish annually the rates to be charged for
preparing estimated and pro-rated bills.
[Added by Ord. No. 453,
5/22/2018]
5.
Application Fee. The Township shall set by resolution and publish
annually the fee for submitting an application for trash collection
services.
[Added by Ord. No. 453,
5/22/2018]
[Ord. 354, 11/13/2003; as added by Ord. 418, 1/29/2014]
1.
Obligations of Residential Customer.
[Amended by Ord. No. 453, 5/22/2018]
A.
The residential customer shall be responsible for the payment of
all rates, charges, fees/costs and penalties assessed either under
statutory law, this part, or any other ordinance or resolution of
the Township. Such charges are subject to the Municipal Claims Law
of the Commonwealth of Pennsylvania, 53 P.S. § 7101 et seq.,
and may become liens against the property that run with the land.
2.
Collection Policies.
A.
Charges Due and Payable/Notice.
[Amended by Ord. No. 453, 5/22/2018]
(1)
Invoices. All bills for solid waste collection, transportation and treatment charges imposed by the Township under § 20-106 shall be due and payable upon the date of presentation, and shall be paid not later than 30 days after the date appearing on the bill. After such due date, the account is considered delinquent. Timely receipt by the Township of remittance of bills on the last day of this thirty-day period shall be determined as evidenced by the postmark of the United States Post Office.
(2)
Penalty to Be Imposed for Failure to Pay Invoices. The failure
to tender full payment within 30 days after the date appearing on
an invoice shall result in a penalty of 10% of the total amount owed.
The penalty shall be included and be a part of any municipal lien
that is filed for said unpaid assessment.
(3)
Delinquency Notice. If payment is not received within 30 days
of an invoice, a notice of delinquency will be issued with the amount
due, adding the ten-percent penalty as set forth above in Subsection
2A(2). If that delinquent amount is not paid in full within 30 days
from the notice of delinquency, said account shall be turned over
to a third-party collection agency, and said resident will be subject
to any costs and/or fees charged by said third-party collection agency.
(4)
Priority of Payment. All bills for solid waste collection appear
on the environmental services statement, which is a quarterly combined
utility bill made up of sewer usage and trash collection fees for
services rendered the prior quarter. While the Township expects payment
in full on each invoice, all payments received shall first be applied
to any outstanding balances due and owing for garbage/sanitation services
prior to applying any remaining portion of such payments to any outstanding
balances due and owing for sanitary sewer services.
(5)
Payment Plan at Discretion of Township. When unable to pay an
invoice in full as a result of a hardship, the customer can request
a payment arrangement in order to pay for outstanding balances, including
any and all penalties and fees. Said payment arrangement can be granted
at the sole discretion of the Township. In the event a payment plan
is approved due to hardship, the outstanding balances, including all
penalties and fees, shall be paid in three equal installments as follows:
(a)
First payment of 1/3 of total amount due must be received on
the day the payment plan is agreed upon;
(b)
Second payment of 1/3 of total amount due must be received two
weeks from the date of the first payment;
(c)
The third payment of 1/3 must be received four weeks from the
date of first payment; and
(d)
Account must be paid in full within 30 days of signing the payment
arrangement agreement authorized at the discretion of the Township.
(6)
Checks Returned Due to Insufficient Funds. Any person that knowingly
issues a check in which there are insufficient funds to cover may
be subject to prosecution under 18 Pa.C.S.A. § 4105 and
will be responsible for a fee of $25.
B.
Collection Proceedings.
(1)
Liens/Proceedings; Interest/Costs/Fees.
(a)
In addition to the above, the Township may authorize its attorney
to enter a lien against the residential customer/rate payer in accordance
with the procedures set out herein. When a lien is entered, the Township
shall continue to charge interest on such liened delinquent account
at a rate of 10% per annum; said rate to continue running from the
date of filing the lien therefor. However, at the discretion of the
Township, reasonable alternative arrangements can be made for payment
in special circumstances.
[Amended by Ord. No. 453, 5/22/2018]
(b)
All delinquent solid waste charges include, but are not limited
to, those set forth in the schedule of rates, charges, fees/costs
and penalties are to be made a lien against the property so as to
provide for nonpayment for solid waste and other related services
or assessments; such amounts may be liened and collected against the
property in the name of the owner, reputed owner, occupier, mortgagee,
or anyone beneficially interested therein as claims are liened and
collected under the Municipal Claims and Lien Law of the Commonwealth
of Pennsylvania, 53 P.S. § 7101 et seq.
(c)
The owner of the premises shall be liable in-personam and in
rem for all solid waste charges or assessments regarding said premises,
and the Township may, at its option, discontinue service as set forth
below, and in addition thereto, may file suit in assumpsit against
the residential customer and/or rate payer, and may use any other
remedy provided by law for the collection of delinquent bills. In
addition, the Township may file a municipal claim against said property
within the time limit required by law for such filing, so that the
claim shall be assessed against the said property in the same way
as the other taxes are filed and liened, and may sue out of a writ
of scire facia or file a suggestion of nonpayment in the same manner
and within the same period of time as provided by law for all municipal
taxes and claims. The Township may use any or all of the remedies
so provided by law, and the use of any one remedy may not be exclusive
of the Township's other rights and remedies.
[Amended by Ord. No. 453, 5/22/2018]
(d)
Costs and fees shall also be authorized to be collected against
the residential customer/rate payer as authorized by Act No. 1 of
1996, 53 P.S. § 7106, as amended, of the Commonwealth of
Pennsylvania Legislature and the Second Class Township Code, 53 P.S.
§ 65101 et seq., and any Township ordinances enacted pursuant
thereto. There shall be included in the amounts set forth above the
reasonable out-of-pocket expenses of the Township and/or counsel in
connection with each of these services, as itemized in the applicable
counsel bills, which shall be deemed to be part of the fees. The amount
of costs/fees determined as set shall be added to the Township's
claim in each account.
[Amended by Ord. No. 453, 5/22/2018]
(2)
Attorney Fees. The Township authorizes and shall collect attorneys
fees against the delinquent residential customer pursuant to the provisions
of the Municipal Claims Act, 53 P.S. § 7106(a)(1), and specifically
Act No. 1 of 1996, as amended, for any collection proceedings in which
the Township is required to utilize legal counsel for collection proceedings.
Attorney fees incurred in the collection of any delinquent account
shall be at the regularly negotiated municipal attorney hourly rate
paid unto the Township Solicitors in an amount sufficient to compensate
attorneys undertaking collection and representation of a claim on
behalf of the Township.
(a)
Schedule of Attorney Fees.
1)
The Township hereby approves the following as its schedule of
attorney fees for services in connection with the collection of accounts,
which is hereby determined to be fair and reasonable compensation
for the services anticipated in acting on the Township's behalf
to pursue collection of delinquent municipal Accounts and claims,
all in accordance with the principles set forth in § 3(a.1)
of the Municipal Claims Law as added by Act No. 1 of 1996, 53 P.S.
§ 7106(a)(1), as amended (the "Act"): All services performed
by the Township's duly appointed attorneys in relation to the
establishment, enforcement and collection of the Township's delinquent
accounts and/or municipal claims and liens thereon shall be at an
hourly rate equal to the Township Solicitor's regular charges
to Township, the same being reasonable in comparison to rates normally
charged by attorneys in this marketplace for similar work.
2)
There shall be added to the above amounts the reasonable out-of-pocket
expenses of counsel in connection with bills, which shall be deemed
to be part of the fees.
3)
The amount of fees determined as set forth above shall be added
to the Township's claim in each account.
(b)
Collection Procedures for Attorney Fees. The following collection
procedures are hereby established in accordance with Act No. 1 of
1996, 53 P.S. § 7106, as amended:
1)
At least 30 days prior to assessing or imposing attorney fees
in connection with the collection of an account, the Township shall
mail or cause to be mailed, by certified mail, return receipt requested,
a notice of such intention to the taxpayer or other entity liable
for the account (the "account debtor").
2)
In the event that the certified mail to any account debtor is
refused or unclaimed or the return receipt is not received, then at
least 10 days prior to the assessing or imposing such attorney fees,
the Township shall mail or cause to be mailed, by first class mail,
a second notice to such account debtor.
3)
All notices required by this Part shall be mailed to the account
debtor's last known post office address as recorded in the records
or other information of the Township, or such other address as it
may be able to obtain from the County Office of Assessment and Revision
of Taxes.
4)
Each notice as described above shall include the following:
a)
The type of tax or other charge, the date it became
due and the amount owed, including penalty and interest.
b)
A statement of the Township's intent to impose
or assess attorney fees within 30 days after the mailing of the first
notice, or within 10 days after the mailing of the second notice.
c)
The manner in which the assessment or imposition
of attorney fees may be avoided by payment of the account.
d)
The place of payment for accounts and the name and
telephone number of the Township official designated as responsible
for collection matters.
[Ord. 354, 11/13/2003, § VII]
1.
All appeals shall be made in writing to the governing body of the
Township.
2.
Pending a reversal or modification, all decisions of the Township
shall remain effective and enforceable.
3.
Appeals may be made by the following persons: Any person who is aggrieved
by a new standard or regulation issued by the Township may appeal
within 10 days after the Township gives notice of its intention to
issue the new standard or regulation.
4.
The notice of appeal shall be served in writing and sent by certified
mail with return receipt requested. Within 20 days after receipt of
the notice of appeal, the Township 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.
[Ord. 354, 11/13/2003, § VIII]
The Township 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 Part.
[Ord. 354, 11/13/2003, § IX; as amended by Ord.
418, 1/29/2014]
Any person, firm or corporation who shall violate any provision
of this Part, 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 Procedure,
shall be sentenced to pay a fine of not less than $50 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues or each section of this Part which shall be
found to have been violated shall constitute a separate offense.
[Ord. 240, -/-/1991, § I]
The short title of this Part shall be the "Township of North
Fayette Recycling Ordinance," and the same may be cited in that manner.
[Ord. 240, -/-/1991, § II; as amended by Ord. 247,
2/11/1992, § 1; and by Ord. 418, 1/29/2014]
1.
ACT 101
ALUMINUM
BIMETAL CONTAINERS
BOARD OF SUPERVISORS
COLLECTOR
COMMERCIAL ESTABLISHMENTS
COMMUNITY ACTIVITIES
CORRUGATED PAPER
FERROUS CONTAINERS
GLASS CONTAINERS
HIGH GRADE OFFICE PAPER
INSTITUTIONAL ESTABLISHMENT
LEAD ACID BATTERIES
LEAF WASTE
MAGAZINES AND PERIODICALS
MULTI-FAMILY HOUSING PROPERTIES
MUNICIPAL ESTABLISHMENT
MUNICIPAL WASTE
NEWSPAPERS
PERSON(S)
PLASTIC CONTAINERS
RECYCLABLE MATERIALS
RECYCLING
RESIDENCES
SOURCE SEPARATED RECYCLABLE MATERIALS
TOWNSHIP
WASTE
The following words and phrases used throughout this Part shall have
the following meanings:
The Municipal Waste Planning, Recycling and Waste Reduction
Act of 1988, 53 P.S. § 4000.101 et seq.
All empty aluminum beverage or food cans.
Empty food or beverage containers consisting of steel and
aluminum.
The governing body of North Fayette Township.
The entity or entities authorized by the Township to collect
recyclable materials from residences, or authorized by commercial,
municipal and institutional establishments that do not receive collection
services from the Township to collect recyclable materials from those
properties.
Those properties used primarily for commercial or industrial
purposes.
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 attended by 200 or
more individuals per day.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
Empty steel or tin coated food or beverage containers.
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, automotive glass, light
bulbs, blue glass and porcelain and ceramic products.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people including,
but not limited to, hospitals, nursing homes, orphanages, day care
centers, schools and universities.
Includes, but not to be limited to, automotive, truck and
industrial batteries that contain lead.
Leaves from trees, bushes and other plants, garden residues,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by the Township and other governmental
and quasi-governmental authorities.
Any garbage, refuse, industrial lunchroom or 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, 35 P.S. § 6018.101 et seq.,
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.
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
are newspapers which have been soiled, color comics, glossy advertising
inserts and advertising inserts printed in colors other than black
and white often included with newspapers.
Owners, lessees, and occupants of residences and commercial,
municipal and institutional establishments.
Empty plastic food and beverage containers. Due to the wide
variety of types of plastics, the Township may stipulate specific
types of plastic which may be recycled.
Materials generated by residences and commercial, municipal
and institutional establishments which are specified by the Township
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 cans,
high grade office paper, newsprint, corrugated paper, leaf waste,
plastics and any other items selected by the Township or specified
in future revisions to Act 101. The recyclable materials selected
by the Township may be revised from time to time as deemed necessary
by the Township.
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.
Any occupied single or multi-family dwellings having up to
four dwelling units per structure for which the Township provides
municipal waste collection service.
Those materials separated at the point of origin for the
purpose of being recycled.
The Township of North Fayette.
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.
[Ord. 240, -/-/1991, § III]
1.
The Township 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 Township for which waste collection is provided by the Township
or any other collector. Collection of the recyclable materials shall
be made at least once per month by the Township, its designated agent,
or any other solid waste collectors operating in the Township and
authorized to collect recyclable materials from residences or from
commercial, municipal and institutional establishments. The recycling
program shall also contain a sustained public information and education
program.
2.
Specific program regulations are provided as an attachment to this Part. The Board of Supervisors is empowered to make changes to program regulations as necessary, as described in § 20-210. Subsequent changes in the program regulations may be made through approval of the Board of Supervisors and public notice and notification of all affected parties.
3.
This Part is ordained pursuant to the Second Class Township Code,
53 P.S. § 65101 et seq.
[Ord. 240, -/-/1991, § IV]
Disposal by persons of lead acid batteries with other municipal
wastes is prohibited and shall be a violation of this Part.
[Ord. 240, -/-/1991, § V; as amended by Ord. 247,
2/11/1992, § 2]
1.
All persons who are residents of the Township shall separate all
of those recyclable materials designated by the Township from all
other municipal waste produced at their homes, apartments and other
residential establishments, store such materials for collection, and
shall place same for collection in accordance with the guidelines
established hereunder.
A.
Persons in residences must separate recyclable materials from other
refuse. Recyclable materials shall be placed at the curbside in containers
provided by the Township for collection. Any containers provided to
residences for collection of recyclable materials shall be the property
of the Township and shall be used only for the collection of recyclable
materials. Any resident who moves within or from the Township shall
be responsible for returning the allocated container(s) to the Township
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 Part.
B.
An owner, landlord, manager or agent of an owner, landlord or manager
of a multi-family housing property with more than four 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, easily accessible
locations for the containers, and written instructions to the occupants
concerning the use and availability of the collection system. Owners,
landlords, managers and agents of owners, landlords or managers who
comply with this Part shall not be liable for noncompliance of occupants
of their buildings.
2.
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.
3.
Persons must separate high grade office paper, aluminum, corrugated
paper, leaf waste and such other materials as may be designated by
the Township 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
by:
A.
Providing for the recycling of high grade office paper, aluminum,
corrugated paper, leaf waste and other materials deemed appropriate
by the Township.
B.
Submitting, at a minimum, an annual recycling report to the Board
of Supervisors of the Township. The report shall document the amount
of municipal waste generated per year as well as the type of weight
of materials that were recycled in the previous calendar year. Valid
documentation shall include information from an end-use, recycler,
or waste hauler which describes the type and weight of each recyclable
material that was collected and marketed. Documentation may be in
the form of one of the following: (1) copies of weight receipts or
statements which consolidate such information; (2) a report from the
provider of recycling collection services which identifies the amount
of each material collected and marketed. The type and weight of recyclables
generated by an individual establishment may be approximated based
on a representative sample of its source-separated materials; or (3)
a report from the provider of waste collection services that identifies
the type and weight of each recyclable material collected and marketed
in cases where recyclables are commingled with the establishment's
waste. The type and weight of recyclables generated by an individual
establishment may be approximated based on a representative of its
waste. For subparagraphs (2) and (3), where recyclables from several
establishments are collected in the same vehicle, an individual establishment's
contribution to the load may be apportioned. Only the weight of materials
marketed for recycling purposes can be credited an establishment provided
the collector submits an annual report indicating tonnage recycled
during the previous year from such establishments in the Township.
C.
If recyclable materials are collected by a collector other than the
Township or its authorized agent, occupants of said establishments
shall submit an annual report to the Township reporting the type and
weight of materials recycled during the previous calendar year. This
requirement may be fulfilled by submission of a letter or form from
the collector which certifies that recyclable materials are being
collected from the establishment.
D.
All employees, users (patrons), and residents of commercial, municipal
and institutional establishments must be informed of the recycling
program. The education program should describe the program's
features and requirements, and should include at a minimum an annual
program meeting and an orientation to the program upon the arrival
of a new employee or resident. Receptacles should be clearly marked
with the recycling symbol and the type or recyclable materials that
is to be placed in the receptacle, and signs should be prominently
displayed stating the requirements of the program.
E.
Commercial, municipal and institutional establishments which generate
more than 2,200 pounds of municipal waste per month should also implement
a waste minimization opportunity assessment which includes:
(1)
Waste characterization, including source, generation rate, management
techniques, and management costs. The assessment should expressly
consider high-grade office paper, aluminum, corrugated paper, leaf
waste and any other materials generated in significant quantities.
(2)
A description of all possible waste minimization options, including
use and waste reclamation.
(3)
A valuation of the economic and technical feasibility of each
option and a ranking of each option.
(4)
An estimate of the pay back period for each feasible option.
(5)
A statement of which options will be implemented, including
an explanation and a timetable.
(6)
Identification of the individual(s) who will be responsible
for implementing the plan.
F.
The waste minimization plan should be periodically updated. Implementation
of the plan should include:
(1)
Recycling or composting of materials, to the greatest extent
feasible, either privately or through a municipal recycling program.
(2)
Use, to the greatest extent feasible, or products and materials
which are recyclable or made of post-consumer materials.
(3)
Substitution, to the greatest feasible, or durable and reusable
products and materials for products that are not durable or reusable.
(4)
Appropriate education materials and signs should be made available
to employees or the public to encourage participation in recycling
and waste reduction.
[Ord. 240, -/-/1991, § VI]
All recyclable materials placed by persons for collection by the Township or authorized collector pursuant to this Part shall, from time of placement at the curb, become the property of the Township or the authorized collector, except as otherwise provided by § 20-208 of this Part. Nothing in this Part 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.
[Ord. 240, -/-/1991, § VII]
It shall be a violation of this Part for any person, firm or
corporation, other than the Township or one authorized by the Board
of Supervisors 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 Township 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.
[Ord. 240, -/-/1991, § VIII]
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 Board of Supervisors or other entity responsible for authorizing
collection of recyclable materials to make such a collection.
[Ord. 240, -/-/1991, § IX; as amended by Ord. 247,
2/11/1992, § 3]
Disposal by persons of recyclable materials with wastes is prohibited
and shall be a violation of this Part. 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.
[Ord. 240, -/-/1991, § X; as amended by Ord. 418,
1/29/2014]
1.
The Board of Supervisors is hereby authorized and directed to make
reasonable rules and regulations for the operation and enforcement
of this Part as deemed necessary, including, but not limited to:
A.
Establishing recyclable materials to be separated for collection
and recycling by residences, and additional recyclable materials to
be separated by commercial, municipal and institutional establishments.
B.
Establishing collection procedures for recyclable materials.
C.
Establishing reporting procedures for amounts of materials recycled.
D.
Establishing procedures for the distribution, monitoring and collection
or recyclable containers.
E.
Establishing procedures and rules for the collection of leaf waste.
2.
Any person, firm or corporation who shall violate the provisions
of this Part shall receive an official written warning of non-compliance
for the first and second offense. Thereafter all such violations shall
be subject to the penalties hereinafter provided.
3.
Except as hereinafter provided, any person, firm or corporation who
shall violate any of the provisions of this Part shall, 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 Procedure, shall be sentenced to
pay a fine of not less than $25 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
4.
The Township reserves the right not to collect municipal waste containing
recyclable materials in combination with non-recyclable materials.
[Ord. 240, -/-/1991, § XI]
The Township may enter into (an) agreements(s) with public or
private agencies or firms to authorize them to collect all or part
of the recyclable materials from curbside.
[Ord. 240, -/-/1991, § XIII]
The Township may, from time to time, modify, add to or remove from the standards and regulations herein and as authorized in § 20-210.
