[HISTORY: Adopted by the Council of Latrobe 4-23-1996 by Ord. No. 1996-5. Amendments noted where applicable.]
This chapter shall be known and referred to as the "Municipal Solid Waste Ordinance of Latrobe."
The following words and phrases as used in this chapter shall have the meanings ascribed herein, unless the context clearly indicates a different meaning:
- ACT 101
- The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101).
- The Director of Planning and Development as Code Enforcement Officer, the Superintendent of Public Works as supervisor of the Sanitation Department, the Director of Administration and Finance as Secretary and Treasurer of Latrobe and any other person appointed from time to time by Latrobe to act on Latrobe's behalf with respect to the provisions of this chapter.
- BULKY WASTE
- 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 size, shape or weight.
- COLLECTOR OR WASTE HAULER
- Any person, firm, partnership, corporation or public agency engaged in the collection and/or transportation of municipal waste.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
- A portable device in which waste is held temporarily for storage or transportation.
- The County of Westmoreland or the Westmoreland County Board of County Commissioners.
- The Pennsylvania Department of Environmental Resources (DER).
- See "agent."
- 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 enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
- DOMESTIC WASTE or HOUSEHOLD WASTE
- Solid waste, comprised of garbage and municipal waste 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.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
- INSTITUTIONAL ESTABLISHMENT
- Any establishment engaged in service, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- LEAF WASTE
- Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.
- LICENSED COLLECTOR OR LICENSED WASTE HAULER
- Any municipal waste collector or hauler possessing a current, valid county license issued by the Westmoreland County Department of Planning and Development pursuant to county ordinance.
- Latrobe, Westmoreland County, Pennsylvania.
- MUNICIPAL WASTE
- Any 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 collected by the municipality under Chapter 305, Recycling.
- Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution or agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provision 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.
- 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 controlled removal or recycling of material from a solid waste processing or disposal facility.
- The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
- SOLID WASTE
- 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 a disposal of such waste. It shall be presumed that the containment of any waste in excess of one year shall constitute 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.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to accumulate or permit the accumulation of, upon any public or private property within the municipality, any garbage, rubbish, bulky waste or any other municipal or residual waste except in accordance with all applicable rules and regulations adopted by the municipality.
It shall be unlawful for any person to burn any solid waste, including leaf waste, within the municipality except in accordance with all applicable rules and regulations adopted by the municipality.
It shall be unlawful for any person to process and/or dispose any solid waste in the municipality except in accordance with all applicable rules and regulations adopted by the municipality, including but not specifically limited to the disposal of any municipal waste upon any public street, alley, vacant lot, stream, streambank, body of water, gutter, drain, sewer or any other place, whether public or private, within Latrobe that is not otherwise the designated area for municipal waste collection for the person disposing of the waste.
It shall be unlawful for any person other than the municipality or its designated agent to collect, haul, transport through Latrobe streets, alleys or other public places or remove any solid waste from public or private property within the municipality.
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 written approval from the municipality.
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 any applicable rules or regulations adopted by the municipality.
It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection or to discard or dispose of any lead acid battery except by delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency or a collection or recycling facility approved by the Department.
Any person granting a lease or otherwise permitting the use of his or her premises or portions thereof for a consideration, monetary or otherwise, shall be considered a "lessor" for the purpose of this section. A person having the use of a lessor's premises and responsible for the giving of any type of consideration therefor shall be considered a "lessee" for the purpose of this section.
All lessors, within 30 days after the acquisition of said premises, shall report to Latrobe, in writing, the number of parcels or units of said premises presently or hereafter rented or available for rental; a description (by address, number and/or some other meaningful method) of each parcel or unit; and the names of its lessees at the time of such report, together with a designation as to which unit or parcel is occupied by each.
Any change in the occupancy or rental of leased premises or in the identity of the lessee(s) from that shown in the report of the lessor as required above shall be reported by the lessor to Latrobe within 10 days after such change. It is intended hereby that lessors shall report vacancies of units, new lessee(s) or a lessee who rents or leases a different unit or parcel of lessor's premises. Latrobe may prepare a form report which may require that information set forth above and such other pertinent information that Latrobe may incorporate into said report form. The failure to have such report forms, however, shall not excuse the obligation of lessors to provide the information herein.
Any lessor violating any of the provisions of this section or who furnishes false information to Latrobe with respect to the requirements of this section shall be subject to the penalties hereinafter provided.
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.
All municipal waste from all premises shall be placed in designated collection containers and/or prepared for collection in a manner approved by and according to rules and regulations established by the municipality. The collection of municipal waste shall be made at frequencies and according to rules and regulations as established by the municipality, but in no event less than once per week.
Municipal waste shall be placed and containers shall be kept in such condition to facilitate safe and efficient collection by the municipality or its agents. If a municipal waste collection container is found by the municipality to be in a deteriorated condition or otherwise unsafe condition or if a container for municipal waste is placed for collection in an unsafe manner or a manner not in compliance with established rules and regulations or if municipal waste is placed in a nondesignated container it shall be the ultimate responsibility of the owner of the premises, upon notification by the municipality or its agent, to correct the type or condition of said container or correct the condition of the municipal waste placed for collection no later than the next scheduled collection day of the subject premises. In the event that the owner of the premises fails to cause such correction, the municipality or its agent shall remedy the situation and collect all applicable costs from the owner.
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.
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.
All generators of municipal waste must utilize the services provided by the municipality or its designated agent for collection.
All licensed collectors and licensed waste haulers shall comply with the minimum standards for collection and transportation of municipal waste set forth in the Department's Title 25, Chapter 285, Subchapter B, Regulations for Collection and Transportation of Municipal Waste.
All municipal waste collected within the municipality shall only be conveyed or transported to a transfer station designated by the municipality and approved in the Municipal Waste Management Plan for Westmoreland County.
The municipality is hereby authorized to establish and amend from time to time in its rules and regulations a fee schedule and to collect fees and charges for municipal waste service. Regardless of who shall contract for service, the payment of the fees and charges shall be the ultimate obligation and responsibility of the owner of the property to which service is provided. All property, with the exception of vacant property, within the municipality shall be deemed serviceable and assessable for municipal waste service.
Editor's Note: The current rate schedule is on file in the office of the City Secretary.
If payment in full for the fees and charges as established by the municipality is not received on or before the expiration of 30 days after the notice of date due and payable has been sent by the municipality, a penalty of 10% shall be added to the total amount due the municipality and shall be payable by the owner to the municipality. The municipality may proceed for the recovery of all fees, charges and penalties as provided herein against the individual who contracts for service and/or owner of the serviced premises in the same manner as for the recovery of any other municipal claim, by lien or by civil action, and shall collect in addition thereto the costs of the filing of the lien or costs of suit and an attorney's commission for the collection as provided by the state enabling statute applicable to the form of government for Latrobe at the time of enactment of this chapter.
The municipality or its designated agent shall not collect, remove, haul or transport any solid waste upon or through any streets or alleys of the municipality without first obtaining a license from the Westmoreland County Department of Planning and Development pursuant to county ordinance.
The municipality may petition the Court of Common Pleas for an injunction, either mandatory or prohibitive, to enforce any of the provisions of this chapter.
The municipality or its agent shall prosecute any person violating any of the provisions of this chapter before the District Justice to the end that the terms of this chapter are strictly enforced.
Any person who violates any provision of this chapter shall, upon conviction, be punishable by a fine of not more than $600 and costs of prosecution or, in default of payment of such fine and costs, by imprisonment for a period of not more than 30 days. Each day of violation shall be considered a separate and distinct offense.