[HISTORY: Adopted by the Board of Supervisors of the Township of Pine 12-3-2007 by Ord. No. 341. Amendments noted where applicable.]
Hazardous materials — See Ch. 112.
Editor's Note: This ordinance also superseded former Ch. 126, Solid Waste Management, which consisted of Art. I, Standards, adopted 8-8-1990 by Res. No. 359, Art. II, Garbage, Rubbish and Refuse, adopted 9-3-1991 by Ord. No. 193, as amended, and Art. III, Recycling, adopted 9-3-1991 by Ord. No. 194, as amended.
The following words and phrases, as used in this chapter, shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
- Plastic sacks designed for solid waste with sufficient wall strength to maintain physical integrity when lifted by the top, securely tied at the top for collection, with a capacity not to exceed 30 gallons and a loaded weight not to exceed 35 pounds.
- BIMETAL AND ALUMINUM CONTAINERS
- Empty and clean food or beverage containers constructed of steel, tin or aluminum.
- Thirty-five-, sixty-five- or ninety-five-gallon plastic receptacle, provided under the residential solid waste removal contract, for storage of solid waste, recyclable materials and yard waste. Carts, when full, shall not exceed 60 pounds in weight for each 32 gallons of capacity.
- COMMERCIAL ESTABLISHMENT
- Any establishment engaged in nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters.
- COMMUNITY EVENTS
- Activities which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events that will be attended by 200 or more individuals per day.
- The process by which organic solid waste is biologically decomposed to yield a humus-like product.
- COMPOSTING BAG
- Paper bag sold and designated for composting purposes. A composting bag placed for residential collection shall not exceed 40 pounds in weight.
- CONSTRUCTION WASTE
- Building materials resulting from construction, remodeling, repair and demolition.
- CORRUGATED PAPER
- Clean and dry structural paper material with an inner core shaped in rigid parallel furrows and ridges.
- 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.
- Receptacle provided by a hauler for storage of solid waste, recyclable materials or yard waste until collection.
- GLASS CONTAINERS
- Empty and clean bottles and jars made of clear, green or brown glass. Expressly excluded are noncontainer glass, broken glass, dinnerware, plate glass, automotive glass, light bulbs, blue glass and porcelain and ceramic products.
- Any person, firm, copartnership, association or corporation who has been licensed by the State of Pennsylvania to collect, transport and dispose of solid waste.
- HAZARDOUS WASTE
- Waste designated as hazardous by the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Protection.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper.
- INDUSTRIAL ESTABLISHMENT
- Any establishment engaged in manufacturing or processing, including but not limited to factories and processing plants.
- INSTITUTIONAL ESTABLISHMENT
- Any organization whose purpose is to further public welfare, including but not limited to hospitals, nursing homes, orphanages, schools and universities.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having four or more dwelling units per structure.
- The Township of Pine, Allegheny County, Pennsylvania.
- PA DEP
- The Pennsylvania Department of Environmental Protection.
- Clean and dry mixed waste paper, which includes packaging and junk mail, office paper, newspaper and magazines. Paper does not include paper products used for personal hygiene, paper products used for food preparation, paper products used for cleaning, or wrapping paper.
- 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.
- PLASTIC CONTAINERS
- Empty and clean plastics Nos. 1 through 6.
- RECYCLABLE MATERIALS
- Materials generated by residences and commercial, industrial and institutional establishments which are specified by the municipality and can be recycled. Recyclable materials may include but are not necessarily limited to glass containers, bimetal and aluminum containers, paper, high-grade office paper, corrugated paper, plastic containers Nos. 1 through 6, yard waste and any other items selected by the municipality or specified in future revisions to Act 101. The recyclable materials selected by the municipality may be revised from time to time as deemed necessary by the municipality. All residential recyclable materials shall be contained in the designated recycling cart.
- The collection, separation, recovery and sale or reuse of recyclable materials which would otherwise be disposed or processed as solid waste.
- The unauthorized and uncontrolled removal of solid waste, recyclable materials or yard waste placed for collection by a hauler.
- SOLID 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, industrial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act from a municipal, commercial, industrial or institutional water supply treatment plant wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials. All residential solid waste should be contained in the designated solid waste cart or beside the cart and tagged with the appropriate solid waste tag. All commercial, industrial or institutional solid waste should be contained inside a designated dumpster.
- SOLID WASTE TAG
- Labels required under the residential hauler contract for items not fitting in the solid waste cart.
- SOURCE-SEPARATED RECYCLABLE MATERIALS
- Those materials separated at the point of origin for the purpose of being recycled.
- The containment of any solid waste or recyclable materials, on a temporary basis, in such a manner as not to constitute disposal of such waste.
- YARD WASTE
- Plant material such as leaves, grass clippings, branches, brush, flowers, roots, garden residues, chipped shrubbery and wood waste. Yard waste does not include loose soils, sod, food waste, food compost, plastics and synthetic fibers, lumber, any wood or tree limbs over four inches in diameter, human or animal excrement, noxious weeds or soil contaminated with hazardous substances. With the exception of holiday trees, materials larger than four inches in diameter and four feet in length shall not be considered yard waste and shall be cut and tied securely into bundles. Bundles shall not be more than four feet in length, nor more than two feet in diameter, and no more than 40 pounds in weight and shall require a small item tag. All residential yard waste shall be contained in the designated yard waste cart or a composting bag. Regular paper bags, plastic bags, cardboard boxes or other receptacles may not be used to dispose of yard waste.
This chapter shall be known and referred to as the "Solid Waste Disposal and Recycling Ordinance" and shall be in accordance with Act 97, the Pennsylvania Solid Waste Management Act of July 7, 1980 and Act 101, the Pennsylvania Municipal Planning, Recycling and Waste Reduction Act of 1988.
The municipality's contracted residential hauler and the licensed commercial, industrial and institutional haulers shall be responsible for the billing and collection of any fees for solid waste, recyclable materials and yard waste disposal.
The municipality shall contract for the mandatory collection of solid waste, recyclable materials and yard waste from individual residences and multifamily housing properties with less than four units. All residents shall place their solid waste, recyclable materials and yard waste into the proper carts provided by the Township.
Designated recyclable materials for mandatory residential recycling shall be glass containers; bimetal and aluminum containers; paper; plastic containers; and corrugated paper.
Yard waste must be separated from solid waste and recyclable materials unless it has otherwise been provided for by composting.
Residential solid waste and recyclable materials shall be collected once a week. Residential yard waste is collected April 1 through November 30.
An owner, landlord, manager or agent of an owner, landlord or manager of a multifamily housing property with more than four units or commercial, industrial and institutional establishments shall negotiate and individually contract for the mandatory collection of solid waste, recyclable materials and yard waste with a properly licensed solid waste hauler. The owner, landlord, manager or agent must establish a recycling program for that location. The collection system must include suitable containers for collecting and storing the materials, easily accessible locations for the containers and a written explanation of the recycling program. An owner, landlord or manager or an agent of an owner, landlord or manager who complies with this chapter shall not be liable for noncompliance by his or her occupants.
Designated recyclable materials for mandated multifamily housing shall be glass containers; bimetal and aluminum containers; paper; plastic containers; and corrugated paper.
Designated recyclable materials for mandated commercial, industrial and institutional establishments and community events shall be high-grade office paper, aluminum, corrugated paper and such other materials as may be designated by the municipality.
Yard waste must be separated from solid waste and recyclable materials unless it has otherwise been provided for by composting.
Commercial, industrial and institutional solid waste and recyclable materials shall be collected at least once a month. Yard waste shall be collected at least once a month between April 1 and November 30. The municipality reserves the right to require more frequent collection when deemed necessary.
All solid waste, recyclable materials and yard waste collection shall be conducted Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. unless required otherwise due to a holiday schedule or inclement weather and with the prior approval of the municipality.
All haulers shall comply with the following standards and regulations:
All solid waste shall be disposed at a facility designated in the Allegheny County Municipal Solid Waste Management Plan.
All vehicles used for the collection and transportation of solid waste, recyclable materials and yard waste shall be operated in and maintained in a safe, clean and sanitary manner; have all governmental permits and licenses and required regulatory approvals; and shall comply with all applicable laws and regulations.
All vehicles used for the collection and transportation of solid waste, recyclable materials and yard waste shall be watertight and suitably enclosed to prevent leakage, roadside littering or the creation of odors and other public health or safety hazards or nuisances.
The storage of all solid waste and recyclable materials 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 solid waste shall be drained of liquid.
All residential solid waste shall be contained within tied bags inside the solid waste cart or beside the cart and tagged with the applicable solid waste tag.
All recyclable materials shall be clean and dry and contained inside the recycling cart.
Solid waste, recyclable materials and yard waste shall not extend above the fill line or exceed the cart or dumpster capacity so that the lid is not closed.
Carts and dumpsters shall be kept in a sanitary condition at all times.
Carts and dumpsters shall be used and maintained so as to prevent public health hazards safety hazards, and public nuisances.
Carts and dumpsters having any defect shall be reported to the hauler and promptly repaired or replaced, as necessary.
Carts shall be placed at a collection point specified by the hauler. Dumpsters are to be located and concealed in a manner so as to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances and, in accordance with any applicable land development plans, approved by the municipality.
With the exception of pickup days when the carts are placed out for collection, they shall be properly stored away from the curb.
All recyclable materials placed by persons for collection by their hauler shall, from the time of placement at the curb, become the property of the municipality or the contracted hauler, except as otherwise provided by § 126-6C of this chapter. Nothing in this chapter shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curbside for collection.
It shall be a violation of this chapter for any person, other than the municipality or agent authorized by the Board of Supervisors or other entity responsible for providing for collection of recyclable materials, to collect recyclable materials placed by residences, commercial, industrial or institutional establishments, for collection by their contracted hauler, unless such person, firm or corporation has prior written permission from the generator to make such collection. In violation hereof, unauthorized collection from one or more residences or commercial, industrial and institutional establishments on one calendar day shall constitute a separate and distinct offense punishable as hereinafter provided.
Any residence or commercial, municipal, industrial, institutional establishment or a community event may donate or sell recyclable materials to any person, firm or corporation, whether operating for profit or not, provided that the receiving person, firm or corporation shall not collect such donated recyclable materials from the collection point of a residence or commercial, industrial or institutional establishment without prior written permission from the Board of Supervisors or other entity responsible for authorizing collection of recyclable materials to make such a collection.
The residential hauler shall provide reports as outlined in the contract documents.
All haulers which have operated within the municipality must provide an annual report before January 31 of the following year.
The report shall document the type and weight of recyclable materials that were collected in the municipality and recycled in the previous calendar year.
The type and weight of recyclable materials generated by an individual establishment may be approximated based on a representative sample of its waste.
Where recyclables from several establishments are collected in the same vehicle, an individual establishment's contribution to the load may be apportioned.
Only the weight of materials marketed for recycling purposes can be credited to an establishment.
The municipality will provide continuing recycling education to all residents through its quarterly newsletter.
The municipality will provide continuing recycling education to all commercial, industrial and institutional establishments through direct mailings every six months or as otherwise required through Act 101, the municipal recycling program performance grant prerequisites.
Editor's Note: See 53 P.S. § 4000.904.
Commercial, industrial and institutional establishments must provide all employees with an explanation of their recycling program. The education program should describe its features and requirements and should include an orientation to the program upon the arrival of a new employee or resident. Receptacles should be clearly marked with the recycling symbol and the type of recyclable material that is to be placed in the receptacle, and signs should be prominently displayed stating the program requirements.
Commercial, industrial and institutional establishments which generate more than 2,200 pounds of municipal waste per month should also implement a waste minimization opportunity assessment which includes:
Waste characterization, including source, generation rate, management techniques and management costs. The assessment should expressly consider high-grade office paper, aluminum, corrugated paper, yard waste and any other materials generated in significant quantities.
A description of all possible waste minimization options, including use and waste reclamation.
An evaluation of the economic and technical feasibility of each option and a ranking of each option.
An estimate of the payback period for each feasible option.
A statement of which options will be implemented, including an explanation and a timetable.
Identification of the individual(s) who will be responsible for implementing the plan.
The waste minimization plan should be periodically updated. Implementation of the plan should include:
Recycling or composting of materials, to the greatest extent feasible, either privately or through a municipal recycling program.
Use, to the greatest extent feasible, of products and materials which are recyclable or made of post-consumer materials.
Substitution, to the greatest extent feasible, of durable and reusable products and materials for products that are not durable or reusable.
Appropriate education materials and signs, made available to employees or the public to encourage participation in recycling and waste reduction.
The municipality may modify standards and regulations in accordance with residential hauler contract requirements or PA DEP standards.
All hauler complaints shall first be made to the hauler and, if not addressed, then to the municipality.
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality any solid waste or recyclable materials except in accordance with the provisions of this chapter, any PA DEP rules and regulations adopted pursuant to Pennsylvania Act 97 and Allegheny County Health Department rules and regulations.
It shall be unlawful to dispose of recyclable materials with solid waste.
It shall be unlawful for any person to burn solid waste, recyclable materials or yard waste within the municipality except in accordance with the provisions of this chapter, any PA DEP rules and regulations adopted pursuant to Pennsylvania Act 97 and Allegheny County Health Department rules and regulations.
It shall be unlawful for any person to dispose of any solid waste, recyclable materials or yard waste within the municipality except in accordance with the provisions of this chapter, any PA DEP rules and regulations adopted pursuant to Pennsylvania Act 97 and Allegheny County Health Department rules and regulations.
It shall be unlawful for any person to dispose of any hazardous, infectious or toxic waste, including flammable liquids, explosives, fireworks, oxygen tanks, ammunition, paints, varnishes, photography chemicals, insecticides, weed killers, pool chemicals, propane tanks, solvents, auto fluids and lead acid batteries with his or her solid waste, recyclable materials or yard waste. Information on disposal of such items may be obtained by contacting the municipality.
It shall be unlawful to place sharp materials, such as syringes or broken glass, into the cart without first wrapping and securing those objects into a hard, protective containment..
It shall be unlawful for any person unlicensed by PA DEP to haul, transport, collect or remove solid waste from public or private property.
It shall be unlawful for any person to scavenge materials from any solid waste or recyclable material that is stored or deposited for collection within the municipality without prior approval by the municipality.
It shall be unlawful for any person to salvage or reclaim any solid waste within the municipality except at an approved and permitted resource recovery facility under Pennsylvania Act 97 and any PA DEP rules and regulations adopted pursuant to Pennsylvania 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 or recyclable material in or upon any street, alley, sidewalk, body of water, public or private property within the municipality except as provided in this chapter.
Any person who violates any provision of this chapter shall first receive a letter of warning, by certified mail, outlining the violation and providing a period of 30 days for correction. If the violation is not corrected or a plan provided to the municipality for correction within 30 days, a complaint will be filed with the District Magistrate. Conviction by the District Magistrate shall indicate guilt of a misdemeanor; which is punishable by a fine of not less than $100 nor more than $1,000 or, in default of payment of such fine, 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.
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.