Borough of Mount Oliver, PA Chapter 209 Solid Waste

[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Advertising materials — See Ch. 58.

Nuisances — See Ch. 159.

Article I Garbage, Rubbish and Refuse

[Adopted 4-20-1992 by Ord. No. 767]

§ 209-1 Short title.

This article shall be known and referred to as the "Solid Waste Ordinance."

§ 209-2 Definitions and word usage.

A. The following words and phrases, as used in this article, shall have the meanings 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 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.

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 Resources.

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 who has been licensed by the municipality or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.

HAZARDOUS WASTE

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.

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.

MUNICIPALITY

The Borough of Mount Oliver, 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 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.

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 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.

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.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Those materials separated at the point of origin for the purpose of being recycled.

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.

TRANSFER STATION

Any supplemental transportation facility used as an adjunct to solid waste route collection vehicles.

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.

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

§ 209-3 Prohibited activities.

A. 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. 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. 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. 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. 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. 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. 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.

§ 209-4 Collection and storage of solid waste.

[Amended 12-18-2017 by Ord. No. 964]

A. 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. 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. 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. 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. 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. 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. 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) 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) 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) 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. 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.

§ 209-5 (Reserved) [1]

[1] Editor's Note: Former § 209-5, Collection of garbage and bulky waste, was repealed 12-18-2017 by Ord. No. 964. See now § 209-4.

§ 209-6 Collection and disposal charges.

A. 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. 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. 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.

§ 209-7 Administrative appeals.

A. All appeals shall be made in writing to the governing body of the municipality.

B. Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.

C. 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. 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.

§ 209-8 Injunction powers.

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.

§ 209-9 Violations and penalties.

[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.

Article II Collection Fees

[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.

§ 209-10 Service fee.

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.

§ 209-11 Multiple residential units.

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.

§ 209-12 Service use and billing periods.

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.

§ 209-13 Interest and penalties.

A. 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. 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.