The storage of all municipal waste shall be practiced so as to prevent the attraction, breeding or harborage of insects or rodents and to prevent conditions which may create potential hazards to public health or which may create fire and other safety hazards, odors, unsightliness, or public nuisance. Any person accumulating or storing municipal waste on private or public property shall ensure the sanitary and legal disposal of such waste in accordance with this article and all other applicable Borough, state, and federal laws and regulations.
A. 
Storage. Municipal waste, recyclables and yard waste accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in closed or covered carts or bags for collection by the Borough's exclusive contractor. Use of detachable containers at multifamily establishments shall comply with the provisions of this article.
B. 
Curbside collection time and responsibility for spillage.
(1) 
Residents shall place bagged municipal waste in a cart, except as provided herein; and yard waste in a compost bag; and unbagged recyclables in a cart at curbside for collection in sufficient time to permit collection on the day of collection. Carts and bags may not be placed at the curb prior to 5:00 p.m. the day preceding the scheduled day of collection and must be removed by 8:00 p.m. the day of collection.
(2) 
Bulky/large items shall be collected once per month on the same regular day of collection as waste and recycling on a week specified by the Borough in consultation with the contractor. Residents are limited to two items outside of the cart for this collection. All appliances containing freon must have the freon removed by a state-certified technician prior to curbside collection. All refrigerator and freezer doors shall be removed prior to placing at the curbside for collection.
(3) 
The collection course and the schedule of collection days shall be determined by the Borough Manager or his designee in accordance with the exclusive contract. Residents shall prevent the spillage of any solid waste material placed at the curb for collection and shall be responsible for the cleanup of any spilled municipal waste and/or recyclables and/or leaf or yard waste prior to the collection by the Borough's contractor.
C. 
Preparation for curbside collection. Except as otherwise provided in the exclusive contract, the following regulations shall apply to curbside collection:
(1) 
Solid waste.
(a) 
All municipal waste shall be placed in bags and then in a cart(s) provided by the Borough or the Borough's contractor, and/or in a bag(s), except as provided herein, and placed at the curbside at a location not to exceed three feet from the curb or edge of the roadway, on a level spot on the dwelling unit's property, so as to not block or interfere with the street right-of-way or public place, and with a distance of at least one foot between carts. Filled cart(s) placed at curbside for collection shall not exceed the following weights:
[1] 
Sixty-five-gallon: 200 pounds.
[2] 
Thirty-five-gallon: 65 pounds.
(b) 
The lid of a cart shall close securely and bags shall be tied at the top to prevent the spillage of any municipal waste. Any municipal waste preventing the closing of the lid shall be deemed excess municipal waste.
(c) 
All bulky/large items shall be placed within eight feet of the curb or edge of roadway so as not to block, interfere with or otherwise prevent access to the municipal waste and/or recycling cart(s) or any street right-of-way or public place. The customer shall maintain the area around the municipal waste item to provide unobstructed access, including the removal of snow and ice.
(2) 
Recyclables. Recyclables shall be placed in a cart(s) supplied by the Borough or the Borough's contractor and placed at the curb within eight feet of the curb or edge of roadway, on a level spot on the dwelling unit's property and in such a manner to not interfere or block the street right-of-way or public space, and with a distance of at least one foot between carts. Recycling cart(s) placed at curbside for collection shall not exceed the following weights:
(a) 
Sixty-five-gallon: 200 pounds.
(b) 
Thirty-five-gallon: 65 pounds.
(3) 
Yard waste. Yard waste may be placed at the curb for collection in a compost bag. The compost bag, when filled, shall not exceed 40 pounds when placed at the curb for collection. The compost bag shall be placed within eight feet of the curb or edge of roadway, on a level spot on the dwelling unit's property, and in such a manner as to not interfere or block the street right-of-way or public space.
(a) 
Special Christmas tree collection. Natural Christmas trees will be collected at the curb until January 31 following the Christmas holiday. Natural Christmas trees may be placed at the curb, subject to the same placement requirements as yard waste, and cut so that the branching spread is not more than four feet across and pieces of the trunk are no more than six feet in length.
(4) 
Ownership and care of solid waste, and recycling carts. All carts are the property of the Borough of Churchill or the Borough's contractor. Customers shall exercise reasonable care and custody of the cart(s) they are assigned and shall only utilize the cart(s) for the purposes they were provided. Customers shall maintain the cart(s) in a sanitary condition at all times and shall not remove the cart(s) from the property to which the cart(s) was assigned by the Borough.
A. 
Containers. Municipal waste, recyclables, and yard waste accumulated on commercial, industrial and institutional properties shall be stored in containers or detachable containers.
B. 
Securing material for collection. Commercial, industrial and institutional properties storing recyclables outside of containers shall tie the material securely in bundles of a size that can be readily handled for collection and in a manner that minimizes litter, safety hazards, and fire hazards.
C. 
Location of containers. Detachable containers for the storage and collection of municipal waste, recyclables, and yard waste at commercial, industrial, or institutional properties shall be located on the customer's premises, which location, and buffering, if required, shall be in compliance with zoning or other applicable municipal requirements for the location of such containers. Such locations shall not interfere with public or private sidewalks, walkways, driveways, roads, streets, highways, alleys, or entrances and exits of public or private buildings.
D. 
Collection. All owners and occupants of commercial, industrial and institutional properties shall provide for the regular collection and removal of municipal waste, recyclables and yard waste from the property by a licensed commercial refuse hauler.
E. 
Containers. All property owners and/or organizers of community activities shall provide containers for the storage and collection of municipal waste and make proper arrangements for such collection.
A. 
Separation of recyclables. Recyclables shall be kept separate from and managed separately from municipal waste and yard waste.
(1) 
Commercial, industrial institutional property. A nonoccupant owner, or agent of an owner, of a commercial, industrial or institutional property shall be deemed to have complied with its separation responsibilities if it establishes a collection system at each property for the separation of recyclables from municipal waste and transportation to a recycling facility.
(2) 
Community activities. All property owners and/or organizers of community activities shall be deemed to have complied with its separation responsibilities if it establishes a collection system at each property/event for the separation of recyclables and provides for its collection and transportation to a recycling facility.
(3) 
Residential. Residential properties shall be deemed to have complied with their separation responsibilities by excluding recyclables from their municipal waste and placing them at the appropriate location for collection by the Borough's contractor.
(4) 
Gross contamination. If the contents of a recycling container are determined to be grossly contaminated, the Borough's contractor servicing the property may reject the material and shall notify the customer that the material was rejected and why. Residential properties shall be notified with a tag attached to their recycling container.
B. 
Collection.
(1) 
For residential properties, all recyclables shall be placed at the curbside as specifically provided herein.
(2) 
For commercial, industrial and institutional properties, all recyclables shall either be delivered directly to a recycling center or shall be collected by a commercial hauler separately from municipal waste on a regular basis. Such properties shall not place recyclables at the curbside for collection; such curbside collection being intended solely for the placement of recyclables generated in residential properties.
(3) 
All property owners and/or organizers of community activities shall provide containers for the storage and collection of recyclable materials and make property-arrangements for such collection.
(4) 
All collected recyclables must be transported to a recycling facility, and recyclables shall not be commingled, during collection or otherwise, with municipal waste or yard waste.
C. 
Donation of materials. Any person may deliver, donate or sell recyclables to individuals or organizations prior to placement at curbside.
A. 
Separation. All residential customers who gather yard waste shall separate all yard waste from municipal solid waste and recyclables and place it for collection and transport to an appropriately permitted composting facility.
B. 
Use of compost. Nothing in this article shall require any person to gather yard waste or prevent any person from utilizing yard waste for compost, mulch, or other agricultural, horticulture, silviculture, gardening, and/or landscape purposes.
C. 
Commercial landscaping. Nothing contained herein shall prohibit a commercial landscaping company from removing yard waste, for the purpose of composting, from the properties which it services.
D. 
Residential yard waste. All separated residential yard waste generated by properties subject to curbside collection shall be placed as specifically provided herein.
E. 
Permitted facility. Yard waste separated from municipal waste and collected by the Borough's contractor shall be delivered to a yard waste composting facility which has a current and valid permit/approval by the Pennsylvania Department of Environmental Protection or other regulatory agency with equivalent solid waste permitting authority.
F. 
Residential curbside collection. For residential properties eligible for curbside collection, yard waste collection shall consist of curbside collections in the spring and fall of each year on a schedule consistent with the exclusive contract. The dates of the collections will be determined annually by the Borough and the contractor. Yard waste to be collected shall include shrubbery, chipped shrubbery, tree trimmings, garden residue and other vegetative materials but shall not include grass or leaves. Leaves will be in the fall, with the exact schedule determined by the Borough and the contractor each year. There shall be a separate curbside collection. The collection of natural Christmas trees shall occur between December 26 and January 31.
A. 
Authorized haulers. It shall be unlawful for any person other than persons authorized by the Commonwealth of Pennsylvania and awarded the Borough's exclusive contract to collect and/or transport municipal waste and recyclables which are generated within the Borough, except as specifically provided herein.
B. 
Exclusive contract with Borough. The Borough may authorize a designated agent to award and administer an exclusive contract for the collection and transportation of such material. The Borough or its designated agent may, through a competitive bidding process, award an exclusive service contract to one or more authorized haulers for all of the residential municipal waste, yard waste, and recycling collection, processing and disposal.
C. 
Reporting. On or before January 30 of each year, the Borough's contractor shall submit a report to the Borough, on forms developed by the Pennsylvania Department of Environmental Protection, which documents the weight or volume of materials that the contractor collected for recycling within Borough of Churchill.
A. 
Authorized hauler. Except as specifically provided herein, it shall be a violation of this article for any person(s) other than the Borough's exclusive contractor to collect, remove or transport or cause to be collected, removed or transported any municipal waste, recyclables and/or yard waste from residential sources. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as provided for in this article.
B. 
Property of Borough. Any municipal waste, recyclables, and yard waste located at the curbside is the property of the Borough until collected by the Borough's contractor.
C. 
Nonresidential storage bins or detachable containers. Any municipal waste, recyclables and yard waste deposited in storage bins or detachable containers at commercial, municipal, industrial and institutional establishments is the property of the establishment until that ownership is transferred to the transporter when the material is collected.
D. 
Scavenging. Scavenging or pilfering of municipal waste, recyclables, or yard waste shall constitute a violation of this article.
A. 
Spillage. Any person transporting municipal waste, recyclables, or yard waste within the Borough shall prevent or promptly remedy any spillage from vehicles or containers used in the transport of such material.
B. 
Vehicle markings. The contractor shall collect refuse in vehicles which are suitable for such collection, which are dedicated for use in performance of such collection, and which bear prominent legible markings, signs, and/or decals identifying them as being municipal solid waste collection vehicles and stating the name and phone number of the contractor.
C. 
Vehicle conditions. All vehicles used for the transportation of municipal waste, recyclables and/or yard waste shall be securely covered, watertight, strongly built, and kept thoroughly cleaned and well maintained. Except for roll-offs, which must be tarped, open trucks shall not be used for the collection of municipal waste.
D. 
Vehicle transfers. The transfer of municipal waste, recyclables, and/or yard waste from one collection vehicle to another may not take place within the Borough. No such transfer may take place on any public right-of-way, and no such transfer operation shall block traffic, create litter, or in any other manner constitute a nuisance, create a health hazard or violate any other ordinance of the Borough or applicable statute or regulation.
All municipal waste generated, collected, and transported from within the jurisdictional limits of the Borough shall be disposed of at the facilities designated in the Allegheny County or Westmoreland County Solid Waste Management Plan.
It shall be unlawful for any person to bring any municipal waste into the Borough of Churchill or to transport municipal waste from one address to another within or outside of the Borough for the purpose of taking advantage of the Borough's collection service and/or to avoid the cost of collection, except as specifically provided herein.
A. 
Transportation and disposal. Bulky/large items shall be disposed of in accordance with the Allegheny County Municipal Solid Waste Management Plan at a permitted disposal facility, a facility specially designated by the Borough to take such bulky/large items or a licensed salvage dealer that is in the business of disposing of or recycling such items. Bulky/large items shall be transported in a vehicle appropriate to the type of waste so as to prevent spillage.
B. 
Nonsolid waste business-related transportation. Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling their bulky/large items to a licensed disposal facility or to a disposal facility as designated by the Allegheny County Municipal Solid Waste Management Plan in accordance with the regulations of the disposal facility.
Construction and demolition waste shall not be picked up by the Borough's contractor. All waste materials resulting from the building, structural alteration, repair, construction, or demolition of buildings or structures shall be disposed of only as permitted by applicable Borough, state, and federal laws and regulations as may be in effect or as subsequently imposed. It shall be the responsibility of the property owner to secure a permit from the Borough prior to delivery of a roll-off container for the waste from their property and to ensure the disposal of such waste is in accordance with applicable laws and regulations.
It shall be unlawful for any person to store, dump, discard or deposit, or to permit the storage, dumping, discarding, or depositing of, any municipal solid waste or recyclables upon the surface of the ground or underground within the Borough, except in proper containers for purposes of storage and collection in conformance with this article. It shall be unlawful for any person to dump or deposit any municipal solid waste or recyclables in any stream or body of water with the Borough.
A. 
Hazardous/residual waste. The provisions of this article apply only to the storage, collection, transportation, and disposal of municipal waste, recyclables, leaf waste, and yard waste and do not apply, therefore, to hazardous or residual waste as defined by the Pennsylvania Solid Waste Management Act[1] and its amendments. All hazardous or residual waste must be disposed of in compliance with applicable Borough, state, and federal laws and regulations as may be in effect or are subsequently imposed.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
B. 
Construction/demolition waste. Nothing contained herein shall be deemed to prohibit any person not regularly engaged in the business of collecting municipal waste from hauling his/her self-generated construction and demolition waste to a licensed disposal facility or to a disposal facility as designated by the Allegheny County Municipal Solid Waste Management Plan in accordance with the regulations of the disposal facility.
C. 
Placement exemptions.
(1) 
The Borough, at the sole discretion of the Borough Manager, may grant exceptions to the placement of municipal waste, recyclables, leaf waste and yard waste at the curbside to residences occupied solely by persons with physical limitations. For the purpose of this subsection, "physical limitation" means any illness, injury, incapacity or other physical handicap which prevents the person from placing municipal waste, recyclables, leaf waste and/or yard waste at the curb.
(2) 
The Borough Manager may also grant exceptions to the placement of municipal waste, recyclables, and leaf waste or yard waste at the curbside when the Borough has determined that due to the topography or some other reason it is not physically possible to place those items at the curbside. Under such circumstances, the Borough will identify the alternative placement location.