[HISTORY: Adopted by the Borough Council of the Borough of
Sewickley 1-21-1991 by Ord. No.
1099 (Ch. 20, Part 1, of the 1996 Code of Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 247.
This chapter shall be known and referred to as the "Sewickley
Solid Waste Ordinance."
[Amended 2-19-1996 by Ord. No. 1159]
The following words and phrases as used in this chapter 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).[1]
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.
The Borough of Sewickley, Allegheny County, Pennsylvania.
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 Pennsylvania Department of Environmental Protection.
The incineration, deposition, injection, dumping, spilling,
leaking or placing of solid waste into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air, or is discharged
to the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally
originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit or vegetable
matter that is capable of being decomposed by microorganisms with
sufficient rapidity to cause such nuisances as odors, gases or vectors.
Any person, firm, partnership, association or corporation
who has been licensed by the Borough 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; or (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,
churches, libraries and museums.
Garbage, refuse, rubbish, 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.
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, or the agents
of any of them. In any provisions of this chapter 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.
Land, buildings or other structures on which municipal waste
is produced or stored.
All solid waste materials which are discarded as useless.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials
resulting from an industrial, mining and agricultural operation 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.[2] 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.[3]
All nonputrescible solid waste, whether combustible or not,
such as paper, cardboard, cans, glass, crockery, rags and other waste
material not defined herein as garbage, but not including household
furniture or appliances, tires, building or home remodeling refuse,
ashes, dirt, rocks, general garden or lawn debris such as leaves,
grass and tree cuttings, hedge or shrubbery trimmings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any coarse screenings, grit and dewatered or air-dried sludges
from sewage treatment plants and pumpings from septic tanks or septage
which are a municipal solid waste and require proper disposal under
Act 97.
Any waste, including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste. It shall be
presumed that the containment of any waste in excess of one-year constitutes
disposal. This presumption can be overcome by clear and convincing
evidence to the contrary.
Any supplemental transportation adjunct to solid waste route
collection vehicles.
The off-site removal of any solid waste at any time after
generation.
In this chapter, the singular shall include the plural, and
the masculine shall include the feminine and the neuter.
|
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough any garbage,
rubbish, bulky waste, or any other municipal or residual solid waste
except in accordance with the provisions of this chapter, any Department
rules and regulations adopted pursuant to Act 97 and the Allegheny
County Health Department Rules and Regulations, Article VIII.
B.
It shall be unlawful for any person to burn any solid waste within
the Borough except in accordance with the provisions of this chapter,
any Department rules and regulations adopted pursuant to Act 97 and
the County Health Department Rules and Regulations, Article VIII.
C.
It shall be unlawful for any person to dispose of any solid waste
in the Borough except in accordance with the provisions of this chapter,
any Department rules and regulations adopted pursuant to Act 97 and
the County Health Department Rules and Regulations, Article VIII.
D.
It shall be unlawful for any person to haul, transport, collect or
remove any solid waste from public or private property within the
Borough except in accordance with the provisions of this chapter.
E.
It shall be unlawful for any person to scavenge any materials from
any solid waste that is stored or deposited for collection within
the Borough without prior approval by the Borough.
F.
It shall be unlawful for any person to salvage or reclaim any solid
wastes within the Borough except at an approved and permitted resource
recovery facility under Act 97 and any Department rules and regulations
adopted pursuant to Act 97.[1]
[1]
Editor's Note: See Editor's Note: See 35 P.S. § 6018.101
et seq.
G.
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
on or upon any street, alley, sidewalk, body of water, public or private
property within the Borough, except as provided in this chapter.
A.
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.
B.
Any person producing municipal waste and any person owning property
upon which municipal waste is produced 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.
C.
Any person storing municipal waste for collection shall comply with
the following preparation standards:
(1)
All municipal waste shall be drained of free liquids before being
placed in storage 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)
All cans, bottles or other food containers should be rinsed free
of food particles and drained before being placed in storage 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, nor more than two feet in diameter,
and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved containers or
shall be tied securely into bundles of not more than 40 pounds in
weight.
(6)
When specified by the Borough or its designated representative, special
preparation and storage procedures may be required to facilitate the
collection and resource recovery of certain waste materials.
D.
All municipal waste shall be stored in containers approved by the
Borough or its designated representative. Individual containers and
bulk containers utilized for storage of municipal waste shall comply
with the following standards:
(1)
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, insectproof
and rodentproof.
(2)
Reusable containers for individual residences shall have a tight-fitting
cover and suitable lifting handles to facilitate collection.
(3)
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.
(4)
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.
(5)
All containers, either reusable or disposable, shall also comply
with the minimum standards established by the National Sanitation
Foundation.
E.
Any person storing municipal waste for collection shall comply with
the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in 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 bottoms or sides of the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this chapter or
which have sharp edges, ragged edges or any other defects that may
hamper or injure collection personnel shall be promptly replaced by
the owner upon notice from the Borough or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection
point specified by the Borough or its designated representative.
(6)
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. For the purpose of this
subsection, the term "pickup day" shall include the scheduled day
of collection and the last three hours of the previous day.
(7)
Bulky 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.
F.
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 chapter. 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 Borough.
A.
The Borough shall provide for the collection of all garbage, rubbish
and bulky wastes from individual residences and multifamily residential
sources with less than five units, or it may contract with a private
collector or collectors to provide this essential residential collection
service.
B.
All households, homeowners and multifamily residential sources with
less than five units shall utilize the residential collection service
provided by the Borough.
C.
All multifamily residential sources (with more than four units),
commercial, institutional and industrial establishments shall negotiate
and individually contract collection service with the Borough's
collector or any other properly licensed waste hauler of their choice.
D.
All residential garbage and rubbish shall be collected at least once
a week. Bulky wastes shall be collected following prior arrangement
with the Borough's collector and payment of any required special
fees.
E.
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, odor, flies and unsightly
conditions. The Borough reserves the right to require more frequent
collection when deemed necessary.
F.
Residential collection schedules shall be published regularly by
the Borough or its contracted hauler.
G.
All municipal waste collection activity shall be conducted from Monday
through Friday between the hours of 7:00 a.m. and 6:00 p.m. or on
Saturdays between the hours of 9:00 a.m. and 6:00 p.m., unless prior
approval of any exception has been granted by the Borough. No collection,
hauling or transporting of municipal waste shall be permitted on Sunday.
H.
All licensed haulers and haulers under contract with the Borough
shall comply with the following standards and regulations:
(1)
All municipal waste collected within the Borough shall ultimately
be disposed only at a landfill cited in the Allegheny County Solid
Waste Plan – 1990, or in subsequent revisions thereto.
[Amended 9-16-1991 by Ord. No. 1104]
(2)
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.
(3)
All collection vehicles conveying domestic waste and garbage shall
be watertight and suitably enclosed to prevent leakage, roadside littering,
attraction of vectors, and creation of odors and other nuisances.
(4)
Collection vehicles for rubbish and other nonputrescible solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances.
(5)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances.
(6)
All solid waste collection vehicles shall be operated and maintained
in a clean and sanitary condition.
A.
The Borough Council shall be authorized to make funds available,
in accordance with the laws and procedures of the Borough, for the
establishment, maintenance and operation of a Borough solid waste
collection and disposal system or for the contracting of such service
to a private collector.
B.
Private collection services.
(1)
The Borough may contract for solid waste collection services for
the residents of the Borough and pay the cost therefor from general
tax revenues.
(2)
The Borough, by agreement with a private contract hauler, may establish
maximum rates for the collection of solid waste, which rates shall
be charged to the owners of the property from which solid waste shall
be collected, and said collector shall, by individual and separate
agreement with said owners, collect such charges as have been so established
directly from said owners without liability to or upon the Borough.
(3)
In the event that the Borough provides such services by agreement with a private contract hauler as set forth in Subsection B(2) above, the owner or owners of the property from which solid waste shall be collected shall be primarily responsible for the timely payment of rates charged for the collection of solid wastes provided to such property. The Borough may pay any such rates charged which are in default for more than 60 days; in which event, the Borough shall be entitled to reimbursement of such payment from the owner or owners of such property, plus interest at the rate of 8% per annum, and such reimbursement obligation shall be treated by the Borough as a charge against such property until paid in full.
C.
Annual fee schedules shall be published by the Borough or its contracted
hauler based on any competitively bid residential collection service
contract that may be awarded by the Borough.
The responsibility for the sanitary conditions of any property
within the Borough shall be upon the owners thereof, and it shall
be unlawful for any person to place, deposit or accumulate any municipal
waste or allow the same to be done on such property or on highways,
vacant lands or in any streams or other bodies of water thereof, except
as permitted by the provisions of this chapter.
A.
The Borough Manager, in order to protect the health and safety of
the people of the Borough, is hereby authorized and directed to implement
and enforce the provisions of this chapter to control the storage,
collection and disposal of municipal waste within the Borough and
to approve and regulate the establishment, maintenance and operation
of the services and manner used in the collection and disposal thereof.
B.
The Borough Manager and such other persons as the Borough Council
may duly authorize shall have the power to enter at reasonable times
upon private or public property within the Borough for the purpose
of inspecting and investigating conditions relating to the enforcement
of the provisions of this chapter, to correct violations and to impose
the costs of correction upon the owners of such property.
C.
Whenever the Borough Manager determines that there are reasonable
grounds to believe that there has been a violation of any provisions
of this chapter, written notice of such alleged violation shall be
given to the person responsible therefor.
D.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000 plus costs and, in default of payment of such fine
and costs, to undergo imprisonment for a period of not more than 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense. If any violation of any provision of this chapter
shall constitute a violation of a specific provision of any law of
Pennsylvania, such violation shall be prosecuted under such law and
not under this chapter.
[Amended 2-19-1996 by Ord. No. 1159]
E.
The Borough may petition the court of competent jurisdiction for
an injunction, either mandatory or prohibitive, to enforce any of
the provisions of this chapter.