[Ord. 370, 10/14/1992; as amended by Ord. 656, 4/9/2015]
This Part shall be known and may be cited to the "Solid Waste
Ordinance."
[Ord. 370, 10/14/1992; as amended by Ord. 656, 4/9/2015]
The following words and phrases as used in this Part shall have
the meanings 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 that 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 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 Department of Environmental Protection of the Commonwealth
of Pennsylvania or any successor agency thereto.
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 or rubbish, which normally originates in the residential private household or apartment house. The term does not include source-separated recyclable materials as defined hereinafter and as specifically identified and provided in the Recycling Ordinance [Chapter 20, Part 2].
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 or which 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 Act 97, 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.
Includes, but is not limited to, automotive, truck, and industrial
batteries which contain lead.
The Moon Township Municipal Authority or any successor entity
thereto.
The General Manager of the MTMA duly appointed by the MTMA
Board of Directors, his authorized designee and/or the authorized
designee of the MTMA Board of Directors.
Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semi-solid 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 as defined hereinafter and as identified in the Recycling Ordinance [Chapter 20, Part 2].
The means and 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 or abandoned
as useless or unwanted.
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semi-solid or contained gaseous materials resulting from industrial, mining or 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 such material 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 effected pursuant to, and in compliance with, a valid permit issued pursuant to the Pennsylvania Clean Streams Law, 35 P.S. § 691.1 et seq. The term does not include source-separated recyclable materials as defined hereinafter and as identified in the Recycling Ordinance [Chapter 20, Part 2].
All nonputrescible municipal waste, except garbage and other decomposable matter. This term "rubbish" includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings. The term does not include source-separated recyclable materials as defined hereafter and as identified in the Recycling Ordinance [Chapter 20, Part 2].
The unauthorized 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, semi-solid or contained
gaseous material.
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 for a period exceeding
180 days constitutes disposal, subject to the provisions of the definition
of "disposal" as set forth herein above. This presumption may be overcome
by clear and convincing evidence to the contrary.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
[Ord. 370, 10/14/1992; as amended by Ord. 656, 4/9/2015]
Except to the extent the activities described below are conducted
pursuant to the provisions of this Part or any DEP rules and regulations
adopted pursuant to Act 97, or any ACHD rules and regulations under
Article VIII of the ACHD regulations, it shall be unlawful for any
person:
A.
To accumulate or permit to accumulate upon any public or private property within the Township any garbage, rubbish, refuse, bulky waste or any other municipal waste or residual waste. The prohibition shall not be applied to residents who elect to compost grain, fruit or vegetable matter which originates from their respective residences provided that the composting is done in a manner so as not to create an odor or nuisance to adjacent properties and complies with the Composting Ordinance [Chapter 20, Part 3].
B.
To burn any solid waste within the Township.
C.
To dispose of any solid waste in the Township.
D.
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 provisions of this Part.
E.
To scavenge any materials from any solid waste that is stored or
deposited for collection within the Township without prior written
approval from the owner thereof and from the MTMA Manager.
F.
To salvage or reclaim any solid waste within the Township.
G.
To throw, place or deposit, or to 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.
H.
To dispose of lead acid batteries, agricultural waste, hazardous
waste, construction demolition waste, paving materials, cement, stones,
sand, dirt, sod, concrete, concrete washtubs, ashes (e.g., from wood
or coal burning stoves), sewer pipe, automobile parts (except tires
without wheels), flammable liquids and/or 55 gallon metal drums (except
owned by the Township) in or with waste allowed for collection hereunder.
If a person so disposes of such items and/or materials it shall be
deemed a public nuisance as well as a violation hereunder.
[Ord. 370, 10/14/1992; as amended by Ord. 414, 4/13/1994,
§ 172-21; and by Ord. 656, 4/9/2015]
1.
All solid waste shall be stored so as to prevent the attraction,
harborage or breeding of insects or rodents and to eliminate conditions
harmful to public health, or which create, or might reasonably be
expected to 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 in such approved containers, except as may
otherwise be provided for herein.
3.
Standards.
A.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained free of liquids before
being placed in approved containers.
(2)
All garbage or other putrescible waste shall be securely wrapped
in paper, plastic or similar material or placed in properly tied plastic
bags.
(3)
Food containers should be rinsed free of food particles and
drained before being placed in approved containers.
(4)
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.
(5)
Newspapers and/or magazines (if not designated as recyclable material in the Recycling Ordinance [Chapter 20, Part 20]) shall be placed in approved containers or shall be tied securely into bundles of not more than 40 pounds in weight.
(6)
Bags or containers of garbage should not be set at curbside
by residents more than 12 hours prior to their expected collection
time by the contractor.
(7)
Carpet and/or carpet padding shall be placed in a closed approved
container or must be cut in lengths not exceeding four feet and securely
tied.
B.
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.
It shall be unlawful for any person to store municipal waste outside
of an enclosed building in other than approved containers. Approved
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 leakproof, weatherproof, insect
proof, animal proof and rodent proof.
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 for all
municipal waste except garbage, provided that 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 container 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 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 pickup days when the containers are placed
out for collection, the containers shall be properly stored on the
owner's or customer's premises at all times.
G.
Bulk waste items including, but not limited to, 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 insects, animals or 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. 370, 10/14/1992; as amended by Ord. 656, 4/9/2015]
1.
The Moon Township Municipal Authority (MTMA) shall be the designated
representative of the Township for the purpose of providing for the
collection of all garbage, rubbish and bulky waste from individual
residences and multi-family residential sources with fewer than four
units. The MTMA may contract with a private collector or collectors
to provide this essential residential collection service.
2.
All households and homeowners shall utilize the residential collection
service provided by the MTMA unless they can demonstrate that they
have made alternate arrangements that are consistent with this Part
and approved by the Township.
3.
All multi-family residential sources [with more than four units],
commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the MTMA's
collector or any other properly licensed waste hauler of their choice.
4.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the MTMA's collector and payment of any required special
fees.
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, insects, animals, unsightly
conditions and nuisances. The Township reserves the right to require
more frequent collection when deemed necessary.
6.
Residential collection schedules shall be published regularly by
the MTMA or its contracted hauler.
7.
All solid waste collection activity shall be conducted from Monday
through Friday between the hours of 7:00 a.m. and 11:00 p.m. or on
Saturdays between the hours of 7:00 a.m. and 7:00 p.m., unless prior
approval or 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 MTMA 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 and approved in the Allegheny
County Solid Waste Plan of 1990, or in 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
with any DEP 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.
[Ord. 370, 10/14/1992; as amended by Ord. 656, 4/9/2015]
1.
The Board of Supervisors 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.
The MTMA Board of Directors may, by resolution adopted from time
to time, impose a service charge and other fees on each separate unit
within the Township for the services provided by the MTMA under this
Part. Fee schedules (if appropriate) shall be published by the MTMA
on any competitively bid residential collection service contract that
may be awarded.
3.
The MTMA 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 fees from commercial,
institutional and industrial customers from which the hauler made
private arrangements for collection.
[Ord. 370, 10/14/1992; as amended by Ord. 656, 4/9/2015]
1.
All appeals shall be made in writing to the MTMA Board of Directors.
2.
Pending a reversal or modification, all decisions of the MTMA Board
of Directors 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 MTMA may appeal within
10 days after the MTMA 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 MTMA Board of Directors 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. 370, 10/14/1992; as amended by Ord. 414, 4/13/1994,
§ 172-25; and by Ord. 656, 4/9/2015]
The Township may petition the Allegheny County Common Pleas
Court for an injunction, either mandatory or prohibitive, to enforce
any of the provisions of this Part.
[Ord. 370, 10/14/1992; as amended by Ord. 449, 6/19/1996;
by Ord. 460, 4/9/1997; and by Ord. 656, 4/9/2015]
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 Procedure, 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 and 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 violations of this Part shall be paid to the Township
Treasurer. The initial determination of ordinance violation is hereby
delegated to the Township Manager, the Police Department, the Code
Official, the authorized designee of the Township Manager, and to
any other officer or agent that the Township Manager or the Board
of Supervisors shall deem appropriate.
