[HISTORY: Adopted by the Borough Council
of the Borough of Mount Oliver as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-20-1992 by Ord. No. 767]
This article shall be known and referred to
as the "Solid Waste Ordinance."
A.Â
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
MUNICIPALITY
MUNICIPAL WASTE
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE-SEPARATED RECYCLABLE MATERIALS
STORAGE
TRANSFER STATION
TRANSPORTATION
The following words and phrases, as used in this article,
shall have the meanings 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 accepted 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 Resources.
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
who has been licensed by the municipality or its designated representative
to collect, transport and dispose of refuse for a fee as herein prescribed.
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.
The Borough of Mount Oliver, Allegheny County, Pennsylvania.
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.
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 article 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 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.
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
B.Â
In this article, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
A.Â
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 article, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
B.Â
It shall be unlawful for any person to burn any solid
waste within the municipality except in accordance with the provisions
of this article, any Department rules and regulations adopted pursuant
to Act 97 and the Health Department Rules and Regulations, Article
VIII.
C.Â
It shall be unlawful for any person to dispose of
any solid waste in the municipality except in accordance with the
provisions of this article, any Department rules and regulations adopted
pursuant to Act 97 and the Health Department Rules and Regulations,
Article VIII.
D.Â
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
in accordance with the provisions of this article.
E.Â
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 Article I Adoption of Code.
F.Â
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.
G.Â
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 article.
[Amended 12-18-2017 by Ord. No. 964]
A.Â
The municipality shall provide for the collection of all garbage,
rubbish, and bulky wastes from individual residences and multifamily
residences with up to four units. All households shall utilize the
residential collection service provided by the municipality unless
they can demonstrate that they have made alternate arrangements with
a properly licensed waste hauler.
B.Â
Multifamily residences of more than four units and commercial, institutional,
or industrial establishments shall negotiate and individually contract
collection service with the municipality's collector or another
properly licensed waste hauler of their choice.
C.Â
Residential garbage and rubbish shall be collected at least once
a week. Bulky waste shall be collected subject to requirements set
forth by the municipality's contracted hauler.
D.Â
Multifamily, commercial, institutional, or industrial waste shall
be collected at least once a week or as often as necessary to control
health hazards, odors, flies, and unsightly conditions. The municipality
reserves the right to require more frequent collections when deemed
necessary.
E.Â
No person shall put out for pickup more than what the municipality's
contracted hauler is required to collect, as specified in the contracted
hauler's guidelines for collections, unless prior arrangements
have been made and communicated to the Borough Code Enforcement Officer
ahead of time. Guidelines for collection are available at the Municipal
Building and on the Borough website.
F.Â
All municipal waste and bulk items shall be stored indoors or in accordance with Subsection G until 6:00 p.m., the evening before pickup, when they can then be placed at the collection point.
G.Â
The storage of all solid waste shall be practiced 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. Any person producing municipal
waste that is storing waste materials generated during periods between
regularly scheduled collections outside of the property unit must
comply with the following storage standards:
(1)Â
All municipal waste shall be stored in reusable containers that are
constructed of a durable, watertight, and rust resistant material
such as plastic, metal, or fiberglass, in such a manner as to be leakproof,
weatherproof, insect-proof, and rodent-proof.
(2)Â
Containers shall be kept tightly sealed or covered at all times.
Solid waste shall not protrude or extend above the top of the container.
(3)Â
Containers must be stored and remain on the side or in the rear of
the property until 6:00 p.m. the evening before pickup, when containers,
disposable plastic bags, and approved bulk items may then be placed
at the collection point.
H.Â
When solid waste is permitted to be placed at the collection site,
solid waste not in an approved container must be contained within
disposable plastic bags. Disposable plastic bags must be designed
for waste disposal and shall have sufficient strength to maintain
physical integrity when lifted by the top. Plastic bags shall be securely
tied at the top for collection and have a capacity of not more than
30 gallons and a loaded weight of not more than 35 pounds. Bulk items
shall be put out for pickup in accordance with requirements set forth
by the municipality's contracted hauler.
A.Â
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.
B.Â
Annual fee schedules (if appropriate) shall be published
by the municipality on any competitively bid residential collection
service contract that may be awarded by the municipality.
C.Â
The municipality shall be responsible for the collection
of any fees for solid waste collection and disposal from residential
customers, if appropriate. Licensed haulers shall be responsible for
the collection of any collection and disposal fees from commercial,
institutional and industrial customers.
A.Â
All appeals shall be made in writing to the governing
body of the municipality.
B.Â
Pending a reversal or modification, all decisions
of the municipality shall remain effective and enforceable.
C.Â
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.
D.Â
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 article.
[Amended 3-20-1995 by Ord. No. 798]
Any person who violates any provision of this
article shall, upon conviction, be guilty of a violation which is
punishable by a fine not exceeding $1,000 or, in default of payment
of such fine, then by imprisonment for a period of not more than 30
days, or both. Each day of violation shall be considered a separate
and distinct offense.
[Adopted 12-15-2014 by Ord. No. 944[1]]
[1]
Editor's Note: This ordinance also superseded
former Art. II, Collection Fees, adopted 11-15-1999 by Ord. No. 843.
Each service user shall pay to the Borough of Mount Oliver a
service fee as set forth from time to time by resolution of the Borough
Council.
Wherever there are multiple residential units, each unit shall
be considered a separate unit for the purposes of the fee, and the
owner shall be responsible for the payment of said fee for all units,
occupied or not.
Service use periods and service billing periods shall be quarterly.
Any service user whose refuse is collected and disposed of by or on
behalf of Mount Oliver Borough one or more times during any quarterly
billing period shall be liable for payment of the entire quarterly
user fee for that period.
A.Â
Any service user who has not paid his/her user fee within 30 calendar
days of the date displayed on the invoice sent to that service user
by or on behalf of Mount Oliver Borough shall become past-due and
shall be required to pay, in addition to all past due user fees, a
penalty of 10% and interest thereafter at the rate of 1% per month,
compounded monthly, to Mount Oliver Borough.
B.Â
Any service user who has not paid his/her user fee within 45 calendar days of the date displayed on the aforementioned shall become delinquent and shall be required to pay all fees and penalties set forth in Subsection A in addition to any fees charged by Keystone Collections Group to collect the delinquent balance in accordance with Pennsylvania Act 20, as adopted by Mount Oliver Borough Resolution 628-13.