[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-20-1993 by Ord. No. 473]
As used in this article, the following terms shall have the
meanings indicated:
All aluminum beverage or food cans which have been emptied.
Any occupied multifamily structure having five or more dwelling
units per structure for which the Borough does not provide municipal
waste removal services.
Empty food or beverage containers consisting of steel and
aluminum.
Any county, city, Borough, incorporated town, township or
home rule municipality.
All items which are too large to bag, can, or bundle, including
furniture, large appliances, furnaces, automobile tires, and automobile
parts.
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.
Every refuse, accumulation of animal, fish, fowl, food, fruit
or vegetable matter that attends the preparation, use, cooking, dealing
in or storage of meat, fish, fowl, food, fruit or vegetable or any
other organic substance or substances subject to fermentation or decay,
including condemned food, tin cans, bottles, broken glass or crockery
and cooking utensils.
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 is not limited to automotive, truck and industrial
batteries that contain lead.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
Facilities owned and/or operated by a municipality as defined
herein.
A source separation and collection program for recycling
municipal waste or source-separated recyclable materials, or a program
for designated drop off points or collection centers for recycling
municipal waste or source-separated recyclable materials, that is
operated by or on behalf of a borough. The term includes any source
separation and collection program for composting yard waste that is
operated by or on behalf of a borough. The term shall not include
any program for recycling construction/demolition waste or sludge
from sewage treatment plants or water supply treatment plants.
Any garbage, refuse, rubbish, bulk rubbish, industrial lunch
room or office waste or 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 in the Solid Waste Management Act, 35 P.S. Section
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 or lead acid batteries or any other items excluded from
collection by the contractor under its contract with the Borough.
Any facility that is designed, operated or maintained for
the disposal of municipal waste, whether or not such facility possesses
a permit from the Department of Environmental Protection of the Commonwealth
(DEP), under the Solid Waste Management Act, 35 P.S. Section 6018.101
et seq. The term shall not include any facility that is used exclusively
for disposal of construction/demolition waste or sludge from sewage
treatment plants or water supply treatment plants.
Includes paper of the type commonly referred to as "newsprint"
and distributed at fixed intervals, having printed thereon news and
opinions and containing advertisements and other matters of public
interest. Expressly excluded are newspapers which have been soiled,
color comics, glossy advertising inserts and inserts printed in color
included with newspapers.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, municipality, municipal authority, federal
government or agency, state institution or agency, (including, but
not limited to, the Department of General Services and the State Public
School Building Authority), or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties. In any provisions
of this article 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; and shall include the owner and/or occupant
of any structure.
Materials generated by residences and commercial, municipal,
and institutional establishments which are specified by the Borough
and can be separated from municipal waste and returned to commerce
to be recyclable materials may include, but are not necessarily limited
to, clear glass, colored glass, aluminum, steel and bimetal cans,
high grade office paper, newsprint, corrugated paper, leaf waste,
plastics, and any other items selected by the Borough or specified
in future revisions to Act 101. The recyclable materials selected
by the Borough may be revised from time to time as deemed necessary
by the Borough.
The collection, separation, recovery and sale or reuse of
metals, glass, paper, leaf waste, plastics and other materials which
would otherwise be disposed of 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.
A facility employing a technology that is a process that
separates or classifies municipal waste and creates or recovers reusable
materials that can be sold to or reused by a manufacturer as a substitute
for or a supplement to virgin and raw materials. The term "recycling
facility" shall not mean transfer stations or landfills for solid
waste nor composting facilities or resource recovery facilities.
All discarded articles or materials, including rubbish and
incombustible waste, except sewage and liquid waste. Paint cans are
included under refuse, but must be empty for disposal.
Any occupied single-family or multifamily structure having
up to four dwelling units per structure for which the Borough provides
municipal waste collection service.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste that is generated
off site, including, but not limited to, a facility that mechanically
extracts materials from municipal waste, a combustion facility that
converts the organic fraction of municipal waste to usable energy,
and any chemical and biological process that converts municipal waste
into a fuel product. The term also includes any facility for the combustion
of municipal waste that is generated off site, whether or not the
facility is operated to recover energy.
All rags, paper, grass cuttings, household refuse, straw
excelsior and such other refuse as may result through ordinary household
pursuits and which may be destroyed by burning, including incinerator
ashes and refuse from burners. Parts of trees, not more than four
feet in length and six inches in diameter, are included in the term
"rubbish" as are Christmas trees in December, January and February.
Solid waste as defined in the Act of July 7, 1980 (P.L. 380,
No. 97) known as the "Solid Waste Management Act," 35 P.S. Section
6018.101 et seq.
The Act of July 7, 1980 (P.L. 380, No. 97), 35 P.S. Section
6018.101 et seq.
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
There is hereby established a Municipal Recycling Program for
the mandatory separation of recyclable materials and leaf waste from
municipal waste in the Borough of Blawnox. Specific program regulations
are provided as Attachment A to this article.[1] The Borough of Blawnox is empowered to make changes to program regulations as necessary as described in § 466-12 hereof, provided that the collection of recyclable materials shall be made at least once per month by the Borough, its designated agent, or any other authorized waste collectors operating in the Borough. The Recycling Program shall also contain a sustained public information and education program.
[1]
Editor's Note: Attachment A, Recycling Program Regulations,
is available from the Borough office.
Disposal by persons of lead acid batteries with municipal waste
and/or recyclable materials is hereby prohibited.
A.
Residential dwelling (residences and apartments). In addition to
separating leaf waste from municipal waste, all persons shall be required
to separate from municipal waste generated at their homes, apartments
and other residential establishments at least three materials to be
designated by the Borough from the following materials:
B.
Commercial, municipal, institutional establishments, and community
activities. At a minimum, all commercial, municipal and institutional
establishments and community activities shall be required to separate
for recycling materials, including high grade office paper, aluminum,
corrugated paper and leaf waste. Based upon the volume generated,
the Borough may require additional materials to be separated for recycling
from the following materials:
Persons shall separate, prepare and store for collection the
designated materials in the following manner:
A.
Newsprint shall be tied both across and lengthwise in easy-to-manage
bundles or placed in paper bags, and kept dry.
B.
Clear glass and colored glass shall be emptied, cleaned and placed
in the recyclable material containers to be provided by the Borough.
C.
Aluminum, steel and bimetallic cans shall be emptied and placed in
the recyclable material containers provided by the Borough.
D.
Corrugated paper shall be tied both across and lengthwise in easy-to-manage
bundles or placed in paper bags and kept dry.
E.
All persons shall separate and remove leaf waste from other municipal
waste generated at their homes, apartments and other residential establishments
and shall compost said leaf waste until the designated pick-up dates
for leaf waste.
F.
All high grade office paper, aluminum, corrugated paper and leaf waste and other material which may be designated by the Borough for recycling, which is generated at commercial, municipal, institutional establishments and from community activities shall be separated and stored until it can be collected by the Borough, unless other provisions are made for its collection pursuant to § 466-9 and/or § 466-10 hereof.
Nothing in this article shall be deemed to impair the ownership
of separated materials by the person who generated them unless and
until such materials are placed at curb side or a similar designated
location for collection by the Borough or its agents and/or contractor.
Any containers provided to residents for collection of recyclable
materials shall be the property of the Borough and shall be used only
for the collection of recyclable materials. Any resident who moves
within or from the Borough shall be responsible for returning the
allocated containers to the Borough or shall pay the replacement cost
of said containers. 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 containers shall
be a violation of this article.
The Borough shall pick up or provide for the pickup of all recyclable
materials from the curbside or similar location of all dwellings of one
to four units and other participating establishments one time per
week on the designated day that the municipal waste is picked up by
the Borough or its agents and/or contractor. Said recyclable material
shall be placed in the designated containers to be provided by the
Borough and shall be picked up by trucks and other related equipment
at the curbside or similar location. The recyclable material shall
be transported to the recovery facility where the recyclable materials
will be separated for sale to a secondary market or reused by a manufacturer
as a substitute for or a supplement to virgin or raw materials. The
Borough or its agents and/or contractors shall provide written documentation
of the total number of tons of recyclable material collected and disposed
of each year pursuant to the provisions of the aforementioned Act
101 of July, 1988.
Any person, owner, landlord or agent of an owner or landlord
of multifamily rental housing properties with five or more units must
comply with the requirements of this article by establishing an independent
collection system for recyclable materials at each multifamily rental
housing property. The collection system must include suitable containers
for collecting and sorting materials, easily accessible locations
for the containers, and written instructions to the occupants concerning
the use and availability of the individual collection system. Persons,
owners, landlords and agents of owners or landlords who comply with
the provisions of this section shall not be liable for the noncompliance
of occupants of the multifamily rental housing properties. Any owners,
landlords and/or their agents of multifamily dwellings of five or
more units must provide, annually, to the Borough of Blawnox written
documentation of the total number of tons of material that have been
recycled. This written documentation shall be in the form of receipt
slips which shall show the volume of material recycled per receipt.
This written documentation must also show the total number of tons
of recyclable material collected and disposed of per year.
Any person occupying a commercial, institutional or municipal
establishment within the municipal boundaries of the Borough of Blawnox
must provide for their own separation and collection of recyclable
materials, and must provide, annually, to the Borough of Blawnox written
documentation of the total number of tons of material that have been
recycled. This written documentation shall be in the form of receipt
slips which shall show the volume of material recycled per receipt.
This written documentation must also show the total number of tons
of recyclable material collected and disposed of per year.
A.
It shall be unlawful for any unauthorized person to collect or pick
up or cause to be collected or picked up any recyclable material once
it has been placed at the curb or other similar designated location.
B.
It shall also be unlawful for any person to collect, remove or dispose
of solid and/or municipal waste which contains recyclable materials
when they are combined with other forms of solid and/or municipal
waste.
The Borough Council is hereby authorized and directed to make
reasonable rules and regulations for the operation and enforcement
of this article 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
and apartments.
B.
Establishing procedures for the distribution, monitoring and collection
of containers for the recyclables.
C.
Establishing procedures and rules for the collection of leaf waste.
D.
Establishing collection procedures for the recyclable materials.
E.
Establishing reporting procedures for amounts of materials recycled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
If any section, sentence, or any other part of this article
is invalid, that which remains is self-sustaining, and capable of
separate enforcement without regard to the stricken portion, in which
case that which remains should be sustained.
Any ordinance or part of an ordinance, to the extent that it
is inconsistent with the provisions of this article, is hereby repealed.
This article shall take effect and be in force on September
1, 1990.
[Adopted 2-8-2018 by Ord.
No. 596]
The following words and phrases, as used in this article, shall
have the meaning ascribed herein, unless the context clearly indicates
a different meaning:
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 business establishment, including but not limited to
stores, markets, office buildings, restaurants, and entertainment
venues.
The incineration, deposition, dumping, spilling, 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.
Any solid waste derived from animal, grain, fruit, or vegetable
matter that is capable of being decomposed with sufficient rapidity
to cause annoying odors or gases.
The entity licensed to collect, transport, and dispose of
refuse for a fee within the Borough.
Any solid waste or combination of solid wastes which, because
of its quantity, concentration or physical, chemical, or infectious
characteristics, may 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 the manufacturing of goods or
the processing of raw materials.
Any establishment engaged in a public service, including
but not limited to hospitals, nursing homes, schools and churches.
Garbage, refuse, waste and other disposable material resulting
from the operation of residential, municipal, commercial or institutional
establishments.
All solid waste materials which are discarded as useless.
Solid waste, comprised of garbage and rubbish, which normally
originates in a private residential dwelling.
Any garbage, refuse, discarded material or other waste that
remains after the process of waste treatment has taken place, provided
that it is not hazardous.
All nondecayable municipal waste, except garbage and other
decomposable matter. This category includes, but is not limited to,
ashes, bedding, cardboard, cans, glass, paper, wood and yard cleanings.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
Any 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 the 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.
A.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property in the Borough any garbage, rubbish,
bulky waste, or any other municipal or residual solid waste, except
in accordance with this article.
B.
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 Borough, except in accordance with this article.
A.
The storage of all solid waste shall be practiced so as to prevent
the attraction or harborage 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 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 containers shall be drained of free liquids before
being placed in storage containers;
(2)
All garbage or other decayable waste shall be securely wrapped in
paper, plastic or similar material or placed in properly tied plastic
bags and placed in an approved metal or plastic container which shall
be capped with a proper lid;
(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 not
be more than four feet in length, not 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
tied securely into bundles of not more than 40 pounds in weight; and
(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; and
(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.
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 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;
(3)
Containers shall be used and maintained so as to prevent public nuisances;
(4)
Containers that do not conform to the standards of this article 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 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)
On pickup days, municipal waste containers may be placed out for
collection no earlier than 5:00 p.m. on the day prior to collection,
and must be returned to the owner's or customer's premises no
later than 9:00 p.m. the day of pickup.
[Amended 6-14-2018 by Ord No. 606]
(a)
Proper storage of municipal waste containers for all other times
than those specified above shall mean storage within the curtilage
of the owner's or customer's premises.
(b)
For owners or customers whose curtilage abuts a public right-of-way,
proper storage of containers shall mean three feet from the public
right-of-way, secured by proper means to ensure the container may
not enter the public right-of-way.
(7)
Bulk waste items, such as furniture and appliances, shall be stored
in a manner that will prevent the accumulation or collection of water,
the harborage of rodents, and the danger of safety or 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 article. The type, size and placement requirements for
bulk containers shall be determined by the waste generator and waste
hauler, and are subject to approval by the Borough.
A.
The Borough shall provide for the collection of all garbage, rubbish and bulky waste, excluding electronic equipment, refrigerators with Freon tanks, paint and other hard-to-recycle items, from individual residences and multifamily residential sources. All property owners, landlords and/or agents of individual residences and/or multifamily residential sources shall be responsible to pay the fee for the collection and disposal of solid waste, as established by the Borough pursuant to § 466-21 of this article.
B.
All households and homeowners 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 services 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
fee.
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, odors, 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 solid waste collection activity shall be conducted from Monday
through Friday between the hours of 6:00 a.m. and 6:00 p.m. or on
Saturdays between the hours of 6:00 a.m. and 12:00 noon, unless prior
approval of any exception has been granted by the Borough. No collection,
hauling, or transporting of solid 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 be conveyed
by the hauler to a transfer station, processing facility or disposal
site designated as being approved by the Allegheny County Health Department;
(2)
All collection vehicles conveying waste and garbage shall be watertight
and suitably enclosed to prevent leakage, roadside littering, attraction
of vermin, and the creation of odors and other nuisances;
(3)
Collection vehicles for rubbish and other nondecayable solid waste
shall be capable of being enclosed or covered to prevent roadside
litter and other nuisances;
(4)
All solid waste shall be collected and transported so as to prevent
public health hazards, safety hazards and nuisances; and
(5)
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 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.
B.
Annual fee schedules (if appropriate) shall be published by the Borough
based on any competitively bid residential collection service contract
that may be awarded by the Borough. Said fee for the collection and
disposal of solid waste shall be the responsibility of every person,
firm, association or corporation producing solid waste as defined
by this article.
C.
The Borough shall determine whether the Borough or the Borough's
contracted hauler shall be responsible for the collection of waste
collection and disposal fees from residential, commercial, institutional
or industrial sources within the Borough.
The Borough may petition a court of competent jurisdiction for
such relief as necessary to enforce any of the provisions of this
article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Allegheny County.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this article.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
