The Borough hereby establishes a program for municipal solid
waste management and the mandatory separation of recyclables and yard
waste from municipal waste, which will be collected for disposal from
residential dwellings, and municipal offices and facilities.
A.
It is the intent and purpose of this article to promote the public
health, safety, and welfare and to eliminate public health hazards,
environmental pollution, and economic loss associated with municipal
solid waste accumulated or stored upon any property within the Borough.
The Borough of Churchill, recognizing that the reclamation of recyclable
materials and the composting of yard waste has become an important
method for addressing the growing solid waste disposal problem through
conservation of landfill space, preservation of natural resources,
and a reduction in energy consumption, does hereby authorize the storage,
collection, transportation, and processing of municipal solid waste,
recyclable materials, and yard waste in accordance with the provisions
of the municipal waste Planning, Recycling and Waste Reduction Act,
Act of July 28, 1988, P.L. 528, No. 101, as it may be amended ("Pennsylvania
Act 101"),[1] the Allegheny County Solid Waste Management Plan, and
this article.
This article is intended to be an integral part of an overall
system designed to facilitate recycling and waste minimization and
foster the cooperation of the residents and businesses by providing
that all residential waste shall be collected, transported, and disposed
of within the following conditions:
(1)
For the purpose of municipal waste, source-separated recyclables,
and yard waste collection, all developed residential properties, except
as exempted herein, shall be served by an authorized hauler through
an exclusive contract with the Borough to the extent provided by this
article.
(2)
Haulers collecting municipal solid waste shall be registered and
authorized with the Commonwealth of Pennsylvania.
(3)
All municipal solid waste shall be disposed of at a facility designated
in the Allegheny County Municipal Solid Waste Management Plan and
in accordance with state, federal, and county laws, ordinances, and
regulations.
(4)
Source-separated recyclables and yard waste shall be managed in accordance
with Pennsylvania Act 101 and the Allegheny County Municipal Solid
Waste Management Plan and shall not be collected and removed for disposal
at a landfill.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
B.
These conditions are established to ensure Borough compliance with
Pennsylvania Act 101 and the Allegheny County Municipal Solid Waste
Management Plan.
The Borough hereby establishes an education program for municipal
solid waste management, recycling, and composting in accordance with
the provisions of Pennsylvania Act 101 and this article. Educational
materials and presentations shall be designed to increase the participation
of both residents and businesses; to meet the recycling rates and
goals established by the Commonwealth; and to encourage waste minimization
and pollution prevention within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
A person who has obtained a waste transporter authorization
from the Commonwealth of Pennsylvania. Said authorizations will be
issued under the Waste Transportation Safety Act (Pennsylvania Act
90)[1] authorizing said person to collect, transport, and/or
dispose of municipal solid waste.
Plastic sacks designed for municipal waste with sufficient
wall strength to maintain physical integrity when lifted by the top,
with a capacity not to exceed 32 gallons and a loaded weight not to
exceed 25 pounds or as otherwise approved by the Borough.
The monthly cost per residential unit for garbage collection
service, which includes the collection of recyclables and yard waste
and other materials included in the Borough's exclusive contract.
The Borough of Churchill.
The governing body of the Borough.
Large household items such as a sofa, overstuffed chair,
bagged mattress and/or box springs, vacuum cleaners, lamps, refrigerator,
washer, dryer, hot water tanks, and similar large household appliances.
It does not include water treatment systems, pianos, or construction
and/or demolition waste.
The wheeled container, owned and provided by the Borough
and/or the contractor, which is capable of being mechanically unloaded
into the contractor's collection vehicles.
Empty bottles, jugs and jars made of clear glass. Expressly
excluded are broken glass, noncontainer glass, plate glass, automotive
glass, safety glass, light bulbs, and porcelain and ceramic products.
Empty bottles, jugs, and jars made of green or brown glass.
Expressly excluded are broken glass, plate glass, automotive glass,
safety glass, light bulbs, porcelain and ceramic products, and glass
of any other color than green or brown.
Events sponsored in whole or in part by a municipality or
conducted within a municipality and sponsored privately, that will
be attended by 200 or more individuals per day, which include, but
are not limited to, fairs, bazaars, socials, picnics and organized
sporting events.
A paper bag specifically designed to hold yard waste, the
material to be biodegradable and compatible with composting facilities.
A compost bag shall hold no more than 50 gallons when full and weigh
no more than 40 pounds when filled except as otherwise approved by
the Borough.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation, and other material
which results from a construction, demolition, or remodeling and/or
repair process.
A metal or plastic receptacle used for garbage, yard waste,
and/or recyclables collection, and that shall be rodent- and insect-proof.
The individual, firm, partnership, joint venture, corporation,
or association performing refuse, recycling, and yard waste collection,
processing, and disposal under an exclusive contract with the Borough.
From any structure, a point at the side of a Borough- or
state-maintained roadway abutting the property, or from a structure
abutting a private roadway, a point at the side of the private roadway;
provided the property owner has issued a waiver for collection vehicles
to travel along the roadway for collection.
Recycling services generally provided to single-family structures
and individually owned units in multifamily dwellings. Customers place
recyclables at curbside locations for collection.
The owner of any residential property located within the
Borough.
An agent, such as the Council of Governments or a municipal
authority, acting on behalf of a municipality or county whose powers
and responsibilities are established in an intergovernmental agreement
or similar document.
A watertight, all-metal container, not less than 3/4 cubic
yards in capacity and equipped with a tight-fitting metal or plastic
cover. The term shall also apply to containers of other material of
similar size when approved by the Borough.
The 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.
A refuse depository for the processing or final disposal
of refuse, including but not limited to sanitary landfills, transfer
stations, incinerators, and waste processing separation centers, licensed,
permitted, or approved by all governmental bodies and agencies having
jurisdiction.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together, or one family. Each dwelling unit within a noncommercial
building shall be considered an individual customer.
Televisions, computers, monitors, and other electronic discards
regulated under the Covered Device Recycling Act (CDRA),[2] as amended, or applicable replacement legislation that
should be enacted during the term of this contract.
An agreement entered into by the Borough of Churchill, or
its designated agent, with a private person or corporation for the
collection and disposal of all residential waste, municipal waste,
yard waste, and/or recycling within the Borough.
Vegetable and other food scraps, including meat, dairy products,
grease and bones; paper which has been contaminated with food, fat,
or grease; and compostable paper, including paper towels, paper plates,
tissue, and waxed paper.
All discarded putrescible waste matter, but not including
sewage or sewage sludge, human excrement, or yard waste.
For the purpose of recycling, gross contamination includes
liquids, food, feces, carcasses, organic matter, other putrescible
waste, items used for personal hygiene, chemicals, and other materials
that through direct contact can destroy the value of recyclable materials
making further sorting and processing prohibitive.
A recycling cart/container in which more than 25% of its
total contents include a combination of: 1) materials not specified
by the Borough to be separated for recycling, 2) bagged recyclables,
3) materials rendered nonrecyclable by direct contact with moisture,
residue and debris from gross contamination, and/or 4) gross contamination.
Waste designated as hazardous by the United States Environmental
Protection Agency or the Pennsylvania Department of Environmental
Protection.
Any establishment engaging in manufacturing or processing,
including, but not limited to, factories, foundries, mills, processing
plants, and refineries.
Establishments such as hospitals, nursing homes, orphanages,
schools, and universities.
The transfer of ownership of recyclable materials for the
purpose of recycling the materials into a new product or use.
Structures for residential living consisting of attached
units.
Any garbage, refuse, office waste, and/or other material,
including solid, liquid, semisolid, or contained gaseous material,
resulting from operation of residential, municipal 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[3] from a municipal or institutional water supply treatment
plant, wastewater treatment plant or air pollution control facility.
The term does not include source-separated recyclable materials.
A facility using land for disposing of municipal waste. The
facility includes land affected during the lifetime of operations,
including, but not limited to, areas where disposal or processing
activities actually occur, support facilities, borrow areas, offices,
equipment sheds, air and water pollution control and treatment systems,
access roads, associated on-site and contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a construction/demolition waste
landfill or a facility for the land application of sewage sludge.
A comprehensive plan for an adequate municipal waste management system in accordance with 25 Pa. Code Chapter 272, Subchapter C (relating to municipal waste planning).
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency, or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Any technology used for the purpose of reducing the volume
or bulk of municipal 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.
For residential properties, this shall include mixed waste
paper, including office paper, junk mail and envelopes, corrugated
and cardboard materials, newspapers, magazines, telephone books, bimetal,
and aluminum cans and lids, clear glass and colored glass and plastics
#1 through 6.
The collection, separation, recovery, and sale or reuse of
recyclables 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 other than for a fuel for the generation of energy.
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 raw materials. The term "recycling facility"
shall not mean transfer stations or landfills for solid waste nor
composting facilities or resource recovery facilities.
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish, or a combination thereof.
Any house, dwelling, multiunit residence, apartment house,
or any building put to residential use.
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 shall
not include coal refuse as defined in the Act of September 24, 1968
(P.L. 1040, No. 318), known as the Coal Refuse Disposal Control Act.[4] The term shall not include treatment sludge 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 Act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean
Streams Law.[5] (Pennsylvania Act 101, Section 103[6]).
Materials that are separated from municipal waste at the
point of origin for the purpose of recycling.
All single-family homes, and multifamily dwellings of four
units or less, as well as multifamily dwellings of more than four
units that are separately owned.
The following categories of materials are considered unacceptable
for collection and disposal as municipal solid waste:
Hazardous waste;
Residual waste;
Unsterilized or unprocessed infectious or pathological waste;
Chemotherapeutic waste;
Gas cylinders;
Explosives and ordinance materials;
Liquid waste (i.e., containing less than 20% solids by weight
or flowable);
Drums, barrels, and buckets, unless lids have been removed and
interiors cleaned and free of any residue;
Radioactive materials;
Any solid waste generated outside of the Borough;
Automotive parts, including tires; and
Electronic waste, except under a designated program.
Plant material (grass clippings, branches, brush, flowers,
roots, wood waste, etc.); debris commonly thrown away in the course
of maintaining yards and gardens. Yard waste does not include loose
soils, sod; food waste, including from gardens or orchards; food compost;
plastics and synthetic fibers; lumber; any wood or tree limbs over
four inches in diameter; human or animal excrement; noxious weeds
or soil contaminated with hazardous substances.
A facility that is used to compost leaf waste, or leaf waste
and grass clippings, garden residue, tree trimmings, chipped shrubbery
and other vegetative material. The term includes land affected during
the lifetime of the operation, including, but not limited to, areas
where composting actually occurs, support facilities, borrow areas,
offices, equipment sheds, air and water pollution control and treatment
systems, access roads, associated on-site or contiguous collection
and transportation activities, and other activities in which the natural
surface has been disturbed as a result of or incidental to operation
of the facility.
