Borough of Dravosburg, PA Solid Waste

The following words and phrases as used in this chapter shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:

ACT or ACT 97

The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]

AGRICULTURAL WASTE

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 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 accepted as farms, forests, or other agricultural lands.

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 their size, shape, or weight.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.

CONSTRUCTION DEMOLITION WASTE

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.

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

DISPOSAL

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.

DOMESTIC WASTE or HOUSEHOLD WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.

GARBAGE

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.

HAULER or PRIVATE COLLECTOR

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.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in the Act, which, because of their quantity, concentration or physical, chemical, or infectious characteristics, may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

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.

LICENSE

Any written authorization or approval issued by the Borough of Dravosburg 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 Dravosburg.

MUNICIPALITY

The Borough of Dravosburg, Allegheny County, Pennsylvania.

MUNICIPAL WASTE

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.

PERSON

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 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.

PROCESSING

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.

REFUSE

All solid waste materials which are discarded as useless.

RESIDUAL WASTE

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]

RUBBISH

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.

SCAVENGING

The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.

SEWAGE TREATMENT RESIDUES

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.

SOLID WASTE

Any waste, including, but not limited to, municipal residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

STORAGE

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.

TRANSPORTATION

The off-site removal of any solid waste at any time after generation.

[1]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[2]

Editor's Note: See 52 P.S. § 30.51 et seq.

[3]

Editor's Note: See 35 P.S. § 691.1 et seq.

In this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 250-3 Prohibited activities.

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 chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to burn any solid waste within the municipality except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

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.

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.

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.

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, or public or private property within the municipality except as provided in this chapter.

§ 250-4 Standards for storage of solid waste.

The storage of all solid waste shall be practiced so as to prevent the attraction, harborage or breeding or insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.

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.

Any person storing municipal waste for collection shall comply with the following preparation standards:

(1)

All municipal waste shall be drained of free liquids before being placed in storage containers.

(2)

All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.

(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 be not 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 containers or shall be tied securely into bundles of not more than 40 pounds in weight.

All municipal waste shall be stored in containers acceptable to the waste haulers collecting said waste.

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 standard of this chapter 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.

(5)

Containers shall be placed by the owner or customer at a collection point specified by the waste hauler.

(6)

With the exception of pickup 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 pickup days, containers may be placed outside of the owner's or customer's premises as early as 6:00 p.m. the previous evening. Empty containers shall be removed to the premises from the point of collection by 6:00 p.m. of the day of collection.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(7)

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.

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 chapter. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler.

§ 250-5 Standards and regulations for collection.

Individual contract with and use of collector.

[Amended 3-19-2019 by Ord. No. 2019-05]

(1)

All individual residences and multifamily residential sources shall use and individually contract with the contractor and/or collection service and/or sole provider awarded an exclusive license for the collection of garbage, rubbish and refuse by the Borough of Dravosburg as authorized by § 250-5E of Chapter 250, titled "Solid Waste," of the Code of Ordinances of the Borough of Dravosburg.

(2)

Failure of any owner of an individual residence or multifamily residential sources to use and enter into an individual contract with the contractor and/or collection service and/or sole provider awarded an exclusive license for the collection of garbage, rubbish and refuse by the Borough of Dravosburg, or the failure of the owner of any such individual residence or multifamily residential sources to remain current in its contractual obligations with such contractor and/or collection service and/or sole provider awarded an exclusive license for the collection of garbage, rubbish and refuse by the Borough of Dravosburg, shall constitute a violation of this chapter.

(3)

All commercial, institutional and industrial establishments shall negotiate and individually contract for garbage, rubbish and refuse collection in the Borough of Dravosburg with a properly licensed waste hauler, and remain current in their contractual obligations with such properly licensed waste hauler. Failure of commercial, institutional and industrial establishments to contract for garbage, rubbish and refuse collections with a properly licensed waste hauler, or the failure of such commercial, institutional and industrial establishments to remain current in their contractual obligations with such properly licensed waste hauler, shall constitute a violation of this chapter.

All residential garbage and rubbish shall be collected at least once a week.

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.

All haulers operating within the municipality shall comply with the following standards and regulations:

(1)

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.

(2)

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.

(3)

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.

(4)

Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.

(5)

All solid waste shall be collected and transported so as to prevent public health hazards, safety hazards and nuisances.

(6)

All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

The Borough of Dravosburg, by resolution of Council, is hereby authorized to award an exclusive license to a sole provider for the collection of garbage, rubbish and refuse in the Borough of Dravosburg.

[Added 3-19-2013 by Ord. No. 2013-03]

§ 250-6 Municipal license required; fees.

It shall be unlawful for any hauler or private collector to operate in the Borough of Dravosburg without first obtaining a license to operate from the Borough Secretary and paying the required fee.

Prior to obtaining such a license, the hauler or private collector must register and provide the Borough Secretary with the following information in writing:

(1)

The name, address and phone number of the hauler or private collector.

(2)

A list of the persons, commercial establishments, industrial establishments, or institutional establishments from which the hauler or private collector collects garbage, rubbish, and other refuse materials.

(3)

The regularly scheduled days and hours of collection for garbage, rubbish, and refuse for the above-listed persons, commercial establishments, industrial establishments, or institutional establishments.

Fees as set from time to time by resolution of the Borough Council are to be charged by the Borough of Dravosburg for the issuance of a daily, monthly or annual license as required by this chapter so as to defray the costs of regulation required under this chapter.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-7 Collection and disposal charges.

All properly licensed haulers operating in the Borough of Dravosburg shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional, or industrial sources within the Borough of Dravosburg.

§ 250-8 Violations and penalties.

Any person who violates this chapter shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine not to exceed $1,000, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a period not to exceed 30 days. Each day of violation shall be considered a separate and distinct offense.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Additionally, any hauler or private contractor who violates any provision of this chapter shall, upon conviction, be subject to exclusion by the Borough of Dravosburg from the collection of any garbage, rubbish, or refuse matter within the confines of the municipality for a period of 90 days for an initial violation and for a period of one year for each subsequent violation.