[Adopted 10-14-1974 as Ch. 55 of the 1974 Code (Ch. 219,
Art. I, of the 1999 Code)]
Every person whose garbage, rubbish and refuse
is collected under contract of the Borough shall comply with the following
regulations for receptacles.
For the purposes of this Part, the following
shall serve to define the subject matters hereof:
Any room, group of rooms, enclosures, etc., occupied or intended
for occupancy as a separate living quarters by one family or other
group of persons living together or by persons living alone.
[Added 12-8-1988 by Ord. No. 991]
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.[1]
Includes all buildings not defined as residential. A building
may be residential and nonresidential.
[Added 12-8-1988 by Ord. No. 991]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes, except body
wastes, including garbage, rubbish, ashes, street cleanings, dead
animals, abandoned automobiles and solid market and industrial wastes.
Any building being used as a single-family residence whether
or not it is presently occupied, or any building capable of being
used as a residential home where there is the capability on the date
of this Part or any time in the future to house tenants on the premises
whether separate, apart or within the primary structure of the building;
or any room, group of rooms, house trailer or enclosure occupied or
intended for occupancy as separate living quarters by a family or
a group of persons living together or by a person living alone shall
be classified as a residential building.
[Added 12-8-1988 by Ord. No. 991]
Nonputrescible solid wastes (excluding ashes), consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, wood, glass, bedding, crockery and similar
materials.
[1]
Editor's Note: The definition of "health and
sanitation fee," added 12-8-1988 by Ord. No. 991, which immediately
followed this definition, was repealed 1-29-2001 by Ord. No. 1115.
Every householder, proprietor of a hotel, restaurant,
boardinghouse, market, store or other place shall provide or cause
to be provided suitable receptacles for garbage, rubbish and refuse,
to be placed at a location on the property most convenient for collections.
The receptacles for garbage, rubbish and refuse,
when mixed in the same container, shall be of galvanized iron, light
metal or heavy plastic, and shall be watertight and provided with
suitable handles and tight-fitting covers that will prevent the access
of flies to the contents. The capacity shall be not less than four
gallons nor more than 20 gallons, and the weight not more than 75
pounds when filled to capacity. A suitable number of such receptacles
shall be provided by the owner or occupant at each location, shall
be kept covered at all times, shall be kept clean and no rainwater
or other liquid shall be allowed to enter the same.
All refuse and rubbish, when not mixed with
garbage, may be placed in metal or plastic containers provided with
suitable handles and sufficient in size and number to accommodate
the particular needs, which containers shall not be larger than a
half-barrel capacity and when filled shall not exceed 75 pounds.
No garbage will be removed or placed in the
collection truck, unless the garbage is securely wrapped in paper
and placed in metal or heavy plastic containers with a tight lid and
placed at the curb. Ashes must be in a sturdy container; paper must
be in a tight container; brush must be tied in bunches with string;
and newspapers must be tied in tight bundles.
Owners or operators of apartment houses shall
furnish community receptacles for garbage and rubbish in which tenants
may empty the receptacles used for each apartment.
[Added 6-9-1994 by Ord. No. 1060; amended 1-29-2001 by Ord. No.
1115]
Debts recoverable. All fines and penalties imposed
by this Part shall be recoverable by the Borough of Homestead as other
debts are recoverable.
[1]
Editor's Note: Original § 219-8,
Responsibility of owners for payment and health and sanitation fee,
added 12-8-1988 by Ord. No. 991, was repealed 1-28-2001 by Ord. No.
1115.
Any person who shall be convicted of violating
any provisions of this Part shall be guilty of a summary offense,
and upon conviction thereof shall pay a fine of not more than $1,000,
together with the costs of prosecution, and in default of payment
of the fine or costs, shall be subject to imprisonment in the county
jail or other appropriate detention center for a term not to exceed
30 days. Each day that a violation continues shall be considered a
separate and distinct violation.
[1]
Editor's Note: Original § 219-9,
Imposition of health and sanitation fee on residential buildings,
added 12-8-1998 by Ord. No. 991, as amended, was repealed 1-28-2001
by Ord. No. 1115.
[Adopted 4-8-1993 by Ord. No. 1041 (Ch.
219, Art. II, of the 1999 Code)]
This Part shall be known and referred to as
the "Homestead Solid Waste Ordinance."
1.
ACT or ACT 97
AGRICULTURAL WASTE
BULKY WASTE
COMMERCIAL ESTABLISHMENT
CONSTRUCTION DEMOLITION WASTE
DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
LICENSE
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSPORTATION
TRANSFER STATION
The following
words and phrases as used in this Part shall have the meaning ascribed
herein, unless the context clearly indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L.
380, No. 97, July 7, 1980).[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 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 excepted 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 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, copartnership, association or corporation
that has been licensed by the Allegheny County Department of Health
and the municipality which collects, transports and disposes of refuse
for a fee.
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: cause or significantly
contribute to an increase in mortality or an increase in morbidity
in either an individual or the total population; or 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.
Any written authorization or approval issued by the Borough
of Homestead which permits any person, firm, copartnership, association
or corporation to collect, transport, and/or dispose of garbage, rubbish
or refuse in or from the Borough of Homestead.
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 Borough of Homestead, 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 provisions of this Part prescribing a fine, imprisonment
or penalty, or any combination of the foregoing, the term "person"
shall include the officers and directors of any corporation or other
legal entity having officers and directors.
Any technology used for the purpose of reducing the volume
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 as useless.
Any garbage, refuse, other discarded material or other waste
including solid, liquid, semisolid or contained gaseous materials
resulting from industrial, mining and agricultural operations and
any sludge from an industrial, mining or agricultural water supply
treatment facility, wastewater treatment facility or air pollution
control facility, provided that it is not hazardous. The term "residual
waste" shall not include coal refuse as defined in the Coal Refuse
Disposal Control Act.[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 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.
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.
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
2.
In this Part,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
1.
It shall be unlawful
for any person to accumulate or permit to accumulate upon any public
or private property within the municipality, any garbage, rubbish,
bulky waste or any other municipal or residual solid waste, except
in accordance with the provisions of this Part, any Department rules
and regulations adopted pursuant to Act 97 and the Health Department
Rules and Regulations, Article VIII.[1]
[1]
Editor's Note: The aforementioned rules and
regulations are on file in the Borough offices.
2.
It shall be unlawful
for any person to burn any solid waste within the municipality except
in accordance with the provisions of this Part, any Department rules
and regulations adopted pursuant to Act 97 and the Health Department
Rules and Regulations, Article VIII.
3.
It shall be unlawful
for any person to dispose of any solid waste in the municipality except
in accordance with the provisions of this Part, any Department rules
and regulations adopted pursuant to Act 97 and the Health Department
Rules and Regulations, Article VIII.
4.
It shall be unlawful
for any person to haul, transport, collect or remove any solid waste
from public or private property within the municipality without first
securing a license to do so from the Allegheny County Health Department
and the municipality.
5.
It shall be unlawful
for any person to scavenge any materials from any solid waste that
is stored or deposited for collection within the municipality, without
prior approval by the municipality.
6.
It shall be unlawful
for any person to salvage or reclaim any solid wastes within the municipality
except at an approved and permitted resource recovery facility under
Act 97 and any Department rules and regulations adopted pursuant to
Act 97.
7.
It shall be unlawful
for any person to throw, place or deposit or cause or permit to be
thrown, placed or deposited any solid waste in or upon any street,
alley, sidewalk, body of water, public or private property within
the municipality except as provided in this Part.
1.
The storage of
all solid waste shall be practiced so as to prevent the attraction,
harborage or breeding of insects or rodents and to eliminate conditions
harmful to public health or which create safety hazards, odors, unsightliness
or public nuisances.
2.
Any person producing
municipal waste shall provide a sufficient number of containers to
store all waste materials generated during periods between regularly
scheduled collections and shall place and store all waste materials
therein.
3.
Any person storing
municipal waste for collection shall comply with the following preparation
standards:
A.
All municipal
waste shall be drained of free liquids before being placed in storage
containers.
B.
All garbage
or other putrescible waste shall be securely wrapped in paper, plastic
or similar material or placed in properly tied plastic bags.
C.
All cans, bottles
or other food containers should be rinsed free of food particles and
drained before being placed in storage containers.
D.
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.
E.
Newspapers and
magazines shall be placed in containers or shall be tied securely
into bundles of not more than 40 pounds in weight.
F.
When specified
by the municipality or its designated representative, special preparation
and storage procedures may be required to facilitate the collection
and resource recovery of certain waste materials.
4.
All municipal
waste shall be stored in containers approved by the municipality or
its designated representative. Individual containers and bulk containers
utilized for storage of municipal waste shall comply with the following
standards:
A.
Reusable containers
shall be constructed of durable, watertight, rust- and corrosion-resistant
material, such as plastic, metal or fiberglass, in such a manner as
to be leakproof, weatherproof, insectproof and rodentproof.
B.
Reusable containers
for individual residences shall have a tight-fitting cover and suitable
lifting handles to facilitate collection.
C.
Reusable containers
for individual residences shall have a capacity of not less than 10
gallons nor more than 40 gallons and a loaded weight of not more than
40 pounds.
D.
Disposable plastic
bags or sacks are acceptable containers, provided that the bags are
designated for waste disposal. Plastic bags shall have a sufficient
wall strength to maintain physical integrity when lifted by the top,
shall be securely tied at the top for collection and shall have a
capacity of not more than 30 gallons and a loaded weight of not more
than 35 pounds.
E.
All containers,
either reusable or disposable, shall also comply with the minimum
standards established by the National Sanitation Foundation.
5.
Any person storing
municipal waste for collection shall comply with the following storage
standards:
A.
Containers shall
be kept tightly sealed or covered at all times. Solid waste shall
not protrude or extend above the top of the container.
B.
Reusable containers
shall be kept in a sanitary condition at all times. The interior of
the containers shall be thoroughly cleaned, rinsed, drained and disinfected,
as often as necessary, to prevent the accumulation of liquid residues
or solids on the bottom or sides of the containers.
C.
Containers shall
be used and maintained so as to prevent public nuisances.
D.
Containers that
do not conform to the 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 waste hauler or municipality.
E.
Containers shall
be placed by the owner or customer at a collection point specified
by the waste hauler or municipality.
F.
With the exception
of pick-up days when the containers are placed out for collection,
the containers shall be properly stored on the owner or customer premises
at all times. On pick-up days, containers may be placed outside of
the owner's or customer's premises as early as 6:00 p.m., the previous
evening.
G.
Bulk waste items
such as furniture, automobile parts, machinery, appliances, and tires
shall be stored in a manner that will prevent the accumulation of
collection of water, the harborage of rodents, safety hazards and
fire hazards.
6.
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 municipality.
1.
The municipality
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.
2.
All households
and homeowners shall utilize the residential collection service provided
by the municipality, unless they can demonstrate that they have made
alternate arrangements that are consistent with this Part and approved
by the municipality.
3.
All multifamily
residential sources (with more than four units), commercial, institutional
and industrial establishments shall negotiate and individually contract
collection service with the municipality'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 municipality'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, flies and unsightly conditions. The municipality
reserves the right to require more frequent collection when deemed
necessary.
6.
Residential collection
schedules shall be published regularly by the municipality or its
contracted hauler.
7.
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 8:00 a.m. and 4:00 p.m., unless prior approval or any
exception has been granted by the municipality. No collection, hauling
or transporting of solid waste shall be permitted on Sunday.
8.
All haulers operating
within the municipality shall comply with the following standards
and regulations:
A.
All municipal
waste collected within the municipality shall ultimately be disposed
only at a landfill cited in the Allegheny County Solid Waste Plan
(1990) or on 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 any Department
regulations adopted pursuant to Act 97 and must be licensed by the
Allegheny County Health Department.
C.
All collection
vehicles conveying domestic waste and garbage shall be watertight
and suitably enclosed to prevent leakage, roadside littering, attraction
of vectors, the creation of odors and other nuisances.
D.
Collection vehicles
for rubbish and other nonputrescible solid waste shall be capable
of being enclosed or covered to prevent roadside litter and other
nuisances.
E.
All solid waste
shall be collected and transported so as to prevent public health
hazards, safety hazards and nuisances.
1.
The governing
body of the municipality shall be authorized to make funds available,
in accordance with the laws and procedures of the municipality, 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 municipality
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.
1.
All appeals shall
be made, in writing, to the governing body of the municipality.
2.
Pending a reversal
or modification, all decisions of the municipality 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 municipality may appeal within
10 days after the municipality 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 municipality 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.
The municipality may petition the Allegheny
County Court of Common Pleas for an injunction, either mandatory or
prohibitive, to enforce any of the provisions of this Part.
[Amended at time of adoption of Code (see AO)]
Any person who violates this Part shall be guilty
of a summary offense and, upon conviction thereof, shall be sentenced
to pay a fine not to exceed $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 of violation shall be considered a separate and distinct offense.
