Part 1 SOLID WASTE
Part 2 RECYCLING
[Ord. 243, 5/11/1992, § 1]
This Part shall be known and referred to as the "Solid Waste Ordinance."
[Ord. 243, 5/11/1992, § 2; as amended by Ord. 2016-01, 3/14/2016]
The following words and phrases as used in this Part shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
- ACT OR ACT 97
- The Pennsylvania Solid Waste Management Act of 1980, P.L. 380, No. 97, July 7, 1980, 35 P.S. § 6018.101 et seq.
- AGRICULTURAL WASTE
- Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, provided 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.
- BULKY WASTE
- Large items of solid waste including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
- CONSTRUCTION DEMOLITION WASTE
- All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.
- 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.
- DOMESTIC WASTE OR HOUSEHOLD WASTE
- 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.
- HAULER OR PRIVATE COLLECTOR
- Any person, firm, copartnership, association or corporation who has been licensed by the Township of Leet or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.
- HAZARDOUS WASTE
- Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
- (1) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
- (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- INDUSTRIAL MANAGEMENT
- 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.
- MUNICIPAL WASTE
- 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.
- The Township of Leet, Allegheny County, Pennsylvania.
- 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 provision 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 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.
- All solid waste materials which are discarded as useless.
- RESIDUAL WASTE
- Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural 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. 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.
- SEWAGE TREATMENT RESIDUES
- Any coarse screening, grit and dewatered or air-dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.
- SOLID WASTE
- Any waste including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
- SOURCE SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- 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.
- TRANSFER STATION
- Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.
In this Part the singular shall include the plural and the masculine shall include the feminine and the neuter.
[Ord. 243, 5/11/1992, § 3]
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Township of Leet, any garbage, rubbish or bulky 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.
It shall be unlawful for any person to burn any solid waste within the Township of Leet 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.
It shall be unlawful for any person to dispose of any solid waste in the Township of Leet 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.
It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Township of Leet without first securing a license to do so in accordance with the provisions of this Part.
It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Township of Leet without prior approval by the Township of Leet.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the Township of Leet except at an approved and permitted resource recovery facility under Act 97 and any Department rules and regulations adopted pursuant to Act 97.
It shall be unlawful for any person to throw, place for deposit or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water or public or private property within the Township of Leet except as provided in this Part.
[Ord. 243, 5/11/1992, § 4]
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.
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.
Any person storing municipal waste for collection shall comply with the following preparation standards:
All municipal waste shall be drained of free liquids before being placed in storage containers.
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
Newspapers and magazines shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
When specified by the Township of Leet or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recovery of certain waste materials.
All municipal waste shall be stored in containers approved by the Township of Leet or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
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, weather proof, insect proof and rodent proof.
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
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.
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.
All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.
Any person storing municipal waste for collection shall comply with the following storage standards:
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
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.
Containers shall be used and maintained so as to prevent public nuisances.
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 of Leet or its designated representative.
Containers shall be placed by the owner or customer at a collection point specified by the Township of Leet or its designated representative.
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.
Bulk waste items such as furniture, automobile parts, machinery, appliances and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
The storage of all municipal waste from multifamily 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 of Leet.
[Ord. 243, 5/11/1992, § 5]
The Township of Leet shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with less than four units, or it may contract with a private collector or collectors to provide this essential residential collection service.
All households and homeowners shall utilize the residential collection service provided by the Township of Leet unless they can demonstrate that they have made alternate arrangement that are consistent with this Part and approved by the Township of Leet.
All multi-family residential sources (with four or more units), commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Township of Leet's collector or any other properly licensed waste hauler of their choice.
All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Township of Leet's collector and payment of any required special fees.
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 of Leet reserves the right to require more frequent collection when deemed necessary.
Residential collection schedules shall be published regularly by the Township of Leet or its contracted hauler.
All solid waste collection activity shall be conducted from Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m., unless prior approval or any exception has been granted by the Township of Leet. No collection, hauling or transporting or solid waste shall be permitted on Sunday.
All licensed haulers and haulers under contract with the Township of Leet shall comply with the following standards and regulations:
All municipal waste collected within the Township of Leet shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Management Plan 1990, or in subsequent revisions thereto.
Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, any Department regulations adopted pursuant to Act 97 and must be licensed by the Allegheny County Health Department.
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.
Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.
All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.
All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.
[Ord. 243, 5/11/1992, § 6]
The Board of Leet Township Commissioners 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.
Annual fee schedules shall be published by the Township on any competitively bid residential collection service contract that may be awarded by the Township of Leet.
The licensed haulers 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.
[Amended by Ord. 2016-04, 6/13/2016]
[Ord. 243, 5/11/1992, § 7]
All appeals shall be made in writing to the Board of Commissioners of the Township of Leet.
Pending a reversal or modification, all decisions of the Township of Leet shall remain effective and enforceable.
Appeals may be made by the following persons:
Any person who is aggrieved by a new standard or regulation issued by the Township of Leet may appeal within the 10 days after the Township gives notice of its intention to issue the new standard or regulation.
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 of Leet 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. 243, 5/11/1992, § 8]
The Township of Leet may petition the court for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this Part.
[Ord. 243, 5/11/1992, § 9; as amended by Ord. 260, 3/11/1996, § 20-109; and by Ord. 2016-01, 3/14/2016]
Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 234, 10/8/1990, § 1]
The short title of this Part shall be the "Township of Leet Recycling Ordinance," and the same may be cited in that manner.
[Ord. 234, 10/8/1990, § 2; as amended by Ord. 260, 3/11/1996, § 20-202]
The following definitions shall be established as used herein as follows:
- ALUMINUM CANS
- Empty all-aluminum beverage and food containers.
- BIMETAL CONTAINERS
- Empty food or beverage containers consisting of ferrous sides and bottom and an aluminum top.
- FERROUS CONTAINERS
- Empty steel or tin food or beverage containers.
- GLASS CONTAINERS
- Bottles and jars made of clear, green or brown glass. Expressly excluded are non-container glass, plate glass, blue glass and porcelain and ceramic products.
- MAGAZINES OR PERIODICALS
- Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded, however, are all other paper products of any nature whatsoever.
- Paper of the type commonly referred to as news print and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interests. Expressly excluded, however, are newspapers which have been soiled.
- PLASTIC CONTAINERS
- Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.
- RECYCLABLE MATERIALS
- Those materials specified by the Township to be recycled. This list of materials is specified in the recycling regulations resulting from this Part and may be revised from time to time as deemed necessary by the Township of Leet.
- Any occupied single or multifamily dwelling having up to four dwelling units per structure from which a municipal or private hauler collects solid waste.
- SOLID WASTE
- All refuse (garbage and rubbish) and other discarded solid material normally collected by municipal or private hauler.
- YARD WASTE
- Prunings, grass clippings, weeds, leaves and garden wastes.
[Ord. 234, 10/8/1990, § 3; as amended by Ord. 260, 3/11/1996, § 20-203]
There is hereby established a program for the mandatory separation of recyclable materials from solid waste by all persons within the Township of Leet. The list of recyclables to be separated from solid waste by all persons within the Township of Leet shall be established by resolution of the Board of Commissioners and may be changed, from time to time, by resolution of the Board.
[Ord. 234, 10/8/1990, § 4]
Recyclable materials shall be placed at the curb separate from solid waste for collection at such times and dates as may be hereinafter established by regulation.
[Ord. 234, 10/8/1990, § 5]
It shall be a violation of this Part for any person(s), unauthorized by the Township, to collect or pick up or cause to be collected or picked up any such recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. 234, 10/8/1990, § 6]
The Township of Leet is authorized and directed to enforce this Part. The same is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of recyclable materials in accordance with the terms hereof and any other matters required to implement this Part. The Township of Leet may change, modify, repeal or amend any portion of said rules and regulations at any time.
[Ord. 234, 10/8/1990, § 7; as amended by Ord. 260, 3/11/1996, § 20-207; and by Ord. 2016-01, 3/14/2016]
Any action by any person, firm, corporation or other entity which violates or does not comply with any provision of this Part or any regulation thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 234, 10/8/1990, § 8]
The Township of Leet may enter into an agreement with public or private agencies or firms to authorize them to collect all or part of the recyclable materials from curbside. Until or unless the entry into such an agreement this Part shall not be in effect.
[Ord. 234, 10/8/1990, § 9]
It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial or institutional property in the Township to put into or cause to put into the solid waste collection system of the Township any leaves or grass or other yard waste.