Chapter 144 SOLID WASTE - Canonsburg Borough 144 SOLID WASTE ARTICLE II Recycling ~144-1. ... other...

ARTICLE ICollection and Disposal

Chapter 144

SOLID WASTE

ARTICLE IIRecycling

~ 144-1. Short title.

~ 144-2. Definitions.

~ 144-3. Contracts; bond.

~ 144-4. Prohibited activities.

~ 144-5. Storage.

~ 144-6. Collection standards andregulations.

~ 144-7. Collection and disposalcharges.

~ 144-8. Licensing requirements.

~ 144-9. Enforcement.

~ 144-10. Administrative appeals.

~ 144-11. Injunction powers.

~ 144-12. Violations and penalties.

~ 144-13. Title.


~ 144-15. Establishment of program;grant of power.

~ 144-16. Lead-acid batteries.

~ 144-17. Separation and collection.

~ 144-18. Collection and disposalcharges.

~ 144-19. Ownership of recyclablematerials.

~ 144-20. Collection by unauthorizedpersons.

~ 144-21. Existing recycling operation.

~ 144-22. Disposal with wastes.

~ 144-23. Administration andenforcement; violations andpenalties.

~ 144-24. Franchise agreements.

[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg asindicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds - See Ch. 85.Littering - See Ch. 110.Mobile home parks - See Ch. ]]8.

Property maintenance - See Ch. 131.Sewers - See Ch. 139.Vector control- See Ch. 159.

ARTICLE ICollection and Disposal

[Adopted 7-9-1990 by Ord. No. 1151 (Ch. 20, Part 1, of the 1988 Code)]

~ 144-1. Short title.

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

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S 144-2 CANONSBURG CODE S 144-2


A. The following words and phrases, as used in this article, shall have the meaning ascribedherein, unless the context clearly indicates a different meaning:

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

ACT 101 - The Pennsylvania Municipal Waste Planning, Recycling and WasteReduction Act (P.L. 556, No. 101, July 28, 1988).2

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 handlingdue to their size, shape or weight.

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

CONSTRUCTION AND DEMOLITION WASTE - Solid waste resulting from theconstruction or demolition of buildings and other structures, including but not limited towood, plaster, metals, asphaltic substances, bricks, block and unsegregated concl;ete. Theterm does not include the following if they are separate from other waste and are used asclean fill:

(1) Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.

(2) Waste from land clearing, grubbing and excavation, including trees, brush, stumpsand vegetative material.

DISPOSAL - The deposition, injection, dumping, spilling, leaking or placing of solidwaste into or on the land or water in a manner that the solid waste enters theenvironment, is emitted into the air or is discharged to the waters of the Commonwealthof Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE - Solid waste comprised of garbageand rubbish, which normally originates in the residential private household or apartmenthouse.

GARBAGE - Any solid waste derived from animal, grain, fruit or vegetable matterthat is capable of being decomposed by microorganisms with sufficient rapidity to causesuch nuisances as odors, gases or vectors.

HAULER or PRIVATE COLLECTOR - Any person, firm, corporation, association orcorporation who has been licensed by the Borough or its designated representative tocollect, transport and dispose of refuse for a fee as herein prescribed.

1. Editor's Note: See 35 P.S. ~ 60]8.10] et seq.

2. Editor's Note: See 53 P.S. ~ 4000.]0] et seq.

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S 144-2 SOLID WASTE S 144-2

INDUSTRIAL ESTABLISHMENT - Any establishment engaged in manufacturing orprocessing, 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 anduniversities.

MUNICIP ALITY - The Borough of Canonsburg, Washington County, Pennsylvania.

MUNICIP AL WASTE - Any garbage, refuse, industrial lunchroom or office waste andother material including solid, liquid, semisolid or contained gaseous material resultingfrom operation of residential, municipal, commercial or institutional establishments andfrom community activities, and any sludge not meeting the definition of residual orhazardous waste under Act 97 from a municipal, commercial or institutional water-supplytreatment plant, wastewater treatment plant or air-pollution control facility. The termdoes not include source-separated recyclable materials.

OCCUPIED DWELLING - A permanent building or fixed mobile home that 1S

currently being used on a regular or temporary basis for human habitation.

PERSON - Any individual, partnership, corporation, association, federal governmentor agency, state institution and agency or any other legal entity which is recognized bylaw 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 shallinclude the officers and directors of any corporation or other legal entity having officersand directors.

PROCESSING - Any technology used for the purpose of reducing the volume or bulkof municipal or residual waste or any technology used to convert part or all of suchwaste materials for off-site reuse. Processing facilities include but are not limited totransfer facilities, composting facilities and resource recovery facilities.

RECYCLING - The collection, separation, recovery and sale or reuse of metals, glass,paper, leaf waste, plastics and other materials which would otherwise be disposed orprocessed as municipal waste, or the mechanical separation and treatment of municipalwaste (other than through combustion) and creation and recovery of reusable materialsother than a fuel for the operation of energy.

RECYCLING FACILITY - A facility employing a technology that is a process thatseparates or classifies municipal waste and creates or recovers reusable materials that canbe sold to or reused by a manufacturer as a substitute for or a supplement to virgin rawmaterials. The term recycling facility shall not mean transfer stations or landfills for solidwaste nor composting facilities or resource recovery facilities.

RESIDUAL WASTE - Any garbage, refuse, other discarded material or other wasteincluding solid, liquid, semisolid or contained gaseous materials resulting from industrial,mining and agricultural operations and any sludge from an industrial, mining oragricultural water supply treatment facility, wastewater treatment facility or air-pollutioncontrol facility, provided that it is not hazardous. The term "residual waste" shall not

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include coal refuse as defined in the Coal Refuse Disposal Control ActJ Residual wasteshall not include treatment sludges from coal mine drainage treatment plants, disposal ofwhich is being carried on pursuant to' and in compliance with a valid permit issuedpursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the Clean StreamsLaw.4

RESOURCE RECOVERY FACILITY - A processing facility that provides for theextraction and utilization of materials or energy from municipal waste that is generatedoff-site, including but not limited to a facility that mechanically extracts materials frommunicipal waste, a combustion facility that converts the organic fraction of municipalwaste to usable energy and any chemical and biological process that converts municipalwaste into a fuel product.

RUBBISH - All nonputrescible municipal waste, except garbage and otherdecomposable 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 forcollection or from a solid waste processing or disposal facility.

SEWAGE, TREATMENT RESIDUES - Any coarse screening, grit and dewatered orair-dried sludges from sewage treatment plants and pumpings from septic tanks orseptage which are a municipal solid waste and require proper disposal under Act 97.

SOLID WASTE - Any waste including but not limited to municipal, residual orhazardous wastes, including solid, liquid, semisolid or contained gaseous material.

SOURCE SEPARATED RECYCLABLE MATERIALS - Materials that are separatedfrom municipal waste at the point of origin for the purpose of recycling.

STORAGE - The containment of any waste on a temporary basis in such a manner asnot to constitute disposal of such waste. It shall be presumed that the containment of anywaste in excess of one year constitutes disposal. This presumption can be overcome byclear and convincing evidence to the contrary.

TRANSFER STATION - Any supplemental transportation facility used as an adjunctto solid waste route collection vehicles.

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

~ 144-3. Contracts; bond.

A. Contracts under this article shall, from time to time, be let to the lowest responsiblebidder, after due advertisement, according to law, for such period as the Council maydeem proper, which contract may contain, in addition to the requirements of this article,

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


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9 144-3 SOLID WASTE 9 144-4

----- such other provisions not in conflict herewith as may be deemed advisable to incorporatetherein.

B. Such contracts shall be executed by the President of Borough Council on behalf of theBorough and it shall be attested by the Borough Secretary, who shall affix the Boroughseal thereto, and shall contain a provision requiring the successful contractor to give aperformance bond in 50% of the amount of the contract with approved corporate surety.

~ 144-4. Prohibited activities.

A. It shall be unlawful for any person to accumulate or permit to accumulate upon anypublic or private property within the Borough limits any garbage, rubbish, bulky waste orany other residual solid waste except in accordance with the provisions of this article andany rules and regulations adopted pursuant to Act 97 and Act 101 by the Commonwealthof Pennsylvania. Such an act is hereby declared to be a nuisance, detrimental to thepublic health and safety and to the inhabitants of the Borough.

B. It shall be unlawful for any person to dispose of any solid waste in the Borough except inaccordance with the provisions of this article and any rules and regulations adoptedpursuant to Act 97 and Act 101 by the Commonwealth of Pennsylvania.

C. It shall be unlawful for any person to place or deposit any household waste container intoany public waste receptacle in the Borough.

D. It shall be unlawful for any person who is a nonresident of the Borough of Canonsburgto bring, place or deposit any solid waste, garbage, household rubbish, ashes or bulkitems upon property of any person occupying any dwelling unit or premises or a partthereof in the Borough of Canonsburg, as covered by this article, for the collection anddisposal thereof under this article.

E. It shall be unlawful for any person occupying any dwelling unit or premises or partthereof in the Borough of Canonsburg, as covered by this article, to authorize, encourageor permit any person who is not a resident of the Borough of Canonsburg to bring, placeor deposit any solid waste, garbage, household rubbish, ashes or bulk items uponproperty of any person occupying any dwelling unit or premises or part thereof in theBorough of Canonsburg, as covered by this article, for the collection disposal thereofunder the within this article.

F. It shall be unlawful for any agent, servant, employee or any other person whatsoever ofany commercial and industrial establishment, whether situated in the Borough ofCanonsburg or outside of the limits of the Borough of Canonsburg, to bring, place ordeposit any solid waste, garbage, household rubbish, ashes or bulk items upon propertyof any person occupying any dwelling unit or premises or part thereof in the Borough ofCanonsburg, as covered by this article, for the collection and disposal thereof under thisarticle.

G. It shall be unlawful for any person occupying any dwelling unit or premises or partthereof in the Borough of Canonsburg, as covered by this article, to authorize or permitany agent, servant, employee or any other person whatsoever of any commercial and

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industrial establishment, whether situated in the Borough of Canonsburg or outside of thelimits of the Borough of Canonsburg, to bring, place or deposit any solid waste, garbage,household rubbish, ashes or bulk items upon property of any person occupying anydwelling unit or premises or part thereof in the Borough of Canonsburg, as covered bythis article, for the collection and disposal thereof under this article.

H. It shall be unlawful for any person to haul, transport, collect or remove any solid wastefrom public or private property within the Borough without first securing a license to doso in accordance with the provisions of this article.

1. It shall be unlawful for any person to scavenge any materials from any solid waste that isstored or deposited for collection within the Borough.

1. It shall be unlawful for any person to salvage or reclaim any solid wastes within theBorough except at an approved and permitted resource recovery facility under any rulesand regulations adopted pursuant to Act 97 and Act 101 by the Commonwealth ofPennsylvania.

K. It shall be unlawful for any person to throw, place or deposit or cause or permit to bethrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, bodyof water, public or private property within the Borough, except as provided in this article.

~ 144-5. Storage.

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

B. Any person producing municipal waste shall provide a sufficient number of approvedcontainers to store all waste materials generated during periods between regularlyscheduled collections. All waste materials shall be placed and stored in approvedcontainers.

C. Any person storing municipal waste for collection shall comply with the followingpreparation standards:

(1) All municipal waste shall be drained of free liquids before being placed in storagecontainers.

(2) All garbage shall be securely wrapped III paper, plastic or similar material orplaced in properly tied plastic bags.

(3) Garden clippings and tree trimmings shall be placed in approved containers orshall be cut and tied securely into bundles. Bundles shall be not more than fourfeet in length, not more than two feet in diameter and not more than 40 pounds inweight.

(4) Newspapers and magazines shall be placed in approved containers or shall besecured into bundles of not more than 40 pounds in weight.

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(5) When specified by the Borough or its designated representative, special preparationand storage procedures may be required to facilitate the collection and recycling ofcertain recyclable materials.

D. Individual containers and bulk containers utilized for storage of municipal waste shallcomply with the following standards:

(l) Reusable containers shall be constructed of durable, watertight, rust and corrosionresistant material, such as plastic, metal or fiberglass, in such a manner as to beleakproof, weatherproof, insectproof and rodentproof.

(2) Reusable containers for individual residences shall have a tight-fitting cover andsuitable lifting handles to facilitate collection.

(3) Reusable containers for individual residences shall have a capacity of not less thanseven gallons nor more than 30 gallons. All reusable containers purchased prior toJuly 1, 1990, up to 90 gallons, will continue to be acceptable.

(4) Disposable plastic bags are acceptable containers, provided that the bags aredesignated for waste disposal. Plastic bags shall have sufficient wall strength tomaintain physical integrity when lifted by the top, shall be securely tied at the topfor collection and shall have a capacity of not more than 40 gallons and a loadedweight of not more than 40 pounds.

E. Any person storing municipal waste for collection shall comply with the followingstorage standards:

(l) Containers shall be kept tightly sealed or covered at all times. Solid waste shall notprotrude or extend above the top of the container.

(2) Reusable containers shall be kept in a sanitary condition at all times. The interiorof the containers shall be thoroughly cleaned, rinsed, drained and disinfected, asoften as necessary, to prevent the accumulation of liquid residues or solids on thebottom 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 standards of this article or which have sharpedges, ragged edges or any other defect that my hamper or injure collectionpersonnel shall be promptly replaced by the owner upon notice from the Boroughor its designated representative.

(5) Containers shall be placed by the owner or customer at a collection point specifiedby the Borough or its designed representative.

(6) With the exception of pickup days when containers are placed out for collection,the containers shall be properly stored on the owner or customer premises at alltimes.

(7) Bulk waste items, such as furniture, automobile parts, machinery, appliances andtires, shall be stored in a manner that will prevent the accumulation or collection ofwater, the harborage of rodents, safety hazards and fire hazards.

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F. The storage of all municipal waste from multifamily residential units, commercialestablishments, institutions and industrial lunchroom or office waste sources is subject tothe regulations and standards set forth in this article. The type, size and placementrequirements for bulk containers shall be determined by the waste generator and thewaste hauler and are subject to approval by the Borough.

G. The contractor for the collection and disposal of any material mentioned and thespecifications becomes the owner of such material from the time of its collection.

H. It will be the duty of the Borough Manager or other designated agents to investigate allcomplaints made for failure by residents of the Borough of Canonsburg to comply withthe provisions requiring the use of regulation containers or receptacles for emptying bythe contractor, etc., and to prosecute all offenders under such provisions.

~ 144-6. Collection standards and regulations.

A. The Borough shall provide for the collection of all garbage, rubbish and bulky wastesfrom individual owner occupied residences or condominium units and rental multifamilyresidential sources with six or fewer units or it may contract with a private collector orcollectors to provide residential solid waste collection service. Collection shall not beprovided for construction and demolition waste.

B. All households shall utilize the residential collection service provided by the Borough.

C. All multifamily residential sources with more than six rental units and commercial,institutional and industrial establishments shall negotiate and individually contractcollection service with the Borough's collector or any other properly licensed wastehauler of their choice.

D. All commercial, institutional, public and industrial lunchroom and office wastecontaining garbage shall be collected at least once a week during the months of January,February, March, April, May, June, July, August, September, October, November andDecember, inclusive. The motor truck shall be operated and the loading done in a quietand orderly manner so as to cause the least possible annoyance to the residents of theBorough. Rubbish collection from these sources shall be made as often as necessary tocontrol health hazards, odors, flies and unsightly conditions. The Borough reserves theright to require more frequent collection when deemed necessary.

E. Residential collection schedules shall be published regularly by the Borough or itscontracted hauler.

F. All solid waste collection activities shall be conducted from Monday through Saturdaybetween the hours of 6:00 a.m. and 3:00 p.m., unless prior approval of any exception hasbeen granted by the Borough. No collection, hauling or transporting of solid waste shallbe permitted on a Sunday.

G. All licensed haulers and haulers under contract with the Borough shall comply with thefollowing standards and regulations:

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(l) All municipal waste collected within the Borough shall be conveyed by the haulerto a transfer station, processing facility or disposal site approved by theCommonwealth of Pennsylvania.

(2) Any trucks or other vehicles used for the collection and transportation of municipalwaste must comply with the requirements of Act 97 and Act 101 and anyregulations adopted pursuant to Act 97 and Act 101, including the Title 25,Chapter 285, Subchapter B, Regulations for the Collection and Transportation ofMunicipal Waste.

(3) All collection vehicles conveying domestic waste and garbage shall be watertightand suitably enclosed to prevent leakage, roadside littering, attraction of vectors,the creation of odors and other nuisances.

(4) All collection vehicles must be duly licensed and maintained.

(5) All collection vehicles shall be metal-covered, strongly built, thoroughly cleaned,well painted and must have the name of the contractor painted on each side of thesame, in letters of a size to be read and always legible.

(6) The contractor shall provide reserve equipment to guarantee scheduled services.

(7) Collection vehicles for removal and collection of solid waste, garbage, householdrubbish and ashes are not to exceed 20 cubic yards tandem axle, and, further,trucks used for the removal and collection of solid wastes on streets or avenues inthe Borough less than 12 feet wide must not exceed 15 cubic yards in size.

(8) Collection vehicles for rubbish shall be capable of being enclosed or covered toprevent roadside litter and other nuisances.

(9) All solid waste shall be collected and transported so as to prevent public healthhazards, safety hazards and nuisances.

~ 144-7. Collection and disposal charges.

A. A fee and charge assessment is hereby made and imposed upon dwelling units in anamount as set forth from time to time by resolution of the Borough Council, payablequarterly in advance of the collection and disposition of solid waste, garbage, householdrubbish and ashes, whether or not said services of the Borough be used to the extentherein provided. The responsibility for the payment of the yearly assessment shall be thatof the individual, individuals, firm or corporation who are the record owners of the realestate upon which said dwelling unit or units are located at the time the fee and chargeassessment is made. [Amended 12-16-1997 by Ord. No. 1216]

B. The Borough Manager shall mail or cause to be mailed quarterly billings for said fee andcharge assessment to the occupant or occupants or owner or owners of the dwelling unitor units for payment thereof. Said fee and charge assessment shall be paid at the BoroughManager's Office during the normal daily working hours that said office is open.

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C. If the aforesaid fee and charge assessment remains unpaid for a period of 30 days,interest at the rate of 1 1/2% per month will be added thereto until paid. If the aforesaidfee and charge assessment remains unpaid for a period beyond 30 days up to 60 days,interest at the rate of 5% per month will be added thereto until paid. If the aforesaid feeand charge assessment remains unpaid for a period beyond 60 days, interest at the rate of10% per month will be added thereto until paid. [Amended 10-12-1992 by Ord. No.1176]

D. If the aforesaid fee and charge assessment remains unpaid for a period of one year, a 5%penalty will be added thereto in addition to the interest aforesaid.

E. In the event that the aforesaid fee and charge assessment remains unpaid for a period of45 days, the Council is authorized through its proper officer or officers or agent or agentsto notify the owner or owners of the real estate upon which the dwelling unit or units arelocated at the time the fee and charge assessment is made of the delinquency. In theevent that the aforesaid fee and charge assessment remains unpaid for a period of 60days, the Council is authorized through its proper officer or officers or agent or agents tofile a lien in the Prothonotary's Office of Washington County, Pennsylvania, against theowner or owners of the real estate upon which said dwelling unit or units are located atthe time the fee and charge assessment is made. [Amended 10-12-1992 by Ord. No.1176]

F. The Borough's contracted hauler and other licensed haulers shall be responsible for thecollection of any fees for solid waste collection disposal services provided tocommercial, institutional or industrial sources within the Borough.

~ 144-8. Licensing requirements.

A. No person shall collect, remove, haul or transport any solid waste upon or through anystreets or alley of the Borough without first obtaining a license from the Borough or itsdesignated representative.

B. Any person who desires to collect, haul, transport or dispose of any solid waste withinthe Borough shall submit a license application and an application fee, as set from time totime by resolution of the Borough Council, to the Borough. A minimum period of 30days shall be allowed for the Borough to review the application and take approval ordenial action. The Borough shall waive the application for the hauler under contract tothe Borough to collect residential waste. This exemption applies only to the residentialservice provided for under the contract with the Borough. [Amended 12-16-1997 byOrd. No. 1216]

C. The license application shall set forth the applicant's qualifications and include thefollowing information at a minimum:

(1) The name and mailing address.

(2) A contact person and telephone number.

(3) A list of available equipment and manpower.

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. ...-----

(4) The type of wastes to be collected.

(5) The manner or method of collection.

(6) The frequency of collection.

(7) The point of collection.

(8) The proposed place and method for each type of waste.

(9) A certificate of insurance identifying the type and amounts of coverage carried bythe applicant.

D. Prior to issuing a license, the Borough may require an applicant to submit a certificate ofinsurance as evidence of insurance coverage for the minimum amounts specified by theBorough.

E. All licenses shall be issued for a period of one calendar year and shall benontransferable.

F. An existing licensee shall submit a new license application and license fee to theBorough at least 30 days prior to the expiration of the license if license renewal isdesired. If the licensee continues to satisfy the requirements for a license, the licenseshall be renewed. The Borough reserves the right to deny a license renewal if thelicensee is in violation of the provisions of this article.

G. Any misrepresentation or falsification on a license application may be grounds forrejection of an application or immediate revocation of a license which has already beenissued.

H. Licensed haulers shall be responsible for maintaining current lists of customers servicedand records of the amounts and types of waste collected within the Borough. Suchrecords and customer lists shall be available for inspection and be provided to theBorough or its designated representative upon request.

~ 144-9. Enforcement.

A. In the event that a licensed hauler is found to be in violation of this article, the Boroughmay take the following actions at its discretion depending on the nature of the violation:

(1) The Borough may issue a notice of violation to the licensee. This notice shall be inwriting and sent by certified mail with return receipt requested to the address thelicensee gave in the license application. The notice shall state the nature of thealleged violation(s) and the necessary corrective action required. The licensee shallbe provided a reasonable time period to either correct the violation(s) or appeal. Ifthe violation is not corrected or appealed within the specified period, the licenseshall automatically be revoked with no right to administrative appeal, and thelicensee may be prosecuted under the penalty provisions of this article; or

(2) The Borough may immediately revoke the hauler's license by issuing a writtennotice of license revocation to the licensee by certified mail with return receipt

1---

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~ 144-9 CANONSBURG CODE ~ 144-12

requested. The notice of revocation shall state the reasons for the Borough's actionsand inform the licensee that the decision may be appealed within 10 days afterreceipt of the notice. Any appeal must be filed in writing and show cause why theBorough should not carry out the license revocation.

B. In the event that any person other than a licensed hauler is found to be in violation ofthis article, the Borough may issue a written notice of violation to the alleged violator.This notice shall be in writing and sent by certified mail with return receipt requested.The notice shall state the nature of the violations and the necessary corrective actionsrequired, in detail. The person notified shall be provided a reasonable time period (statedin notice) to either correct the violation(s) or appeal.

~ 144-10. Administrative appeals.

A. All appeals shall be made, in writing, to the Borough.

B. Pending a reversal or modification, all decisions of the Borough shall remain effectiveand enforceable.

C. Appeals may be made by the following persons:

(1) Any person who is aggrieved by the granting or refusal to grant a license by theBorough may appeal within 10 days after the Borough announces the denial.

(2) Licensees whose licenses have been revoked may appeal within 10 days afterreceiving the Borough's notice of license revocation.

(3) Licensees and nonlicensees who have received notices of violation may appealwithin the time limit stated in their notice of violation.

D. The notice of appeal shall be served in writing and sent by certified mail with returnreceipt requested. Within 20 days after receipt of the notice of appeal, the Borough shallhold a public hearing. Notice of the hearing shall be sent to both parties in time toadequately prepare for the hearing. Notice shall be sent to the parties by certified mailwith return receipt requested at the last known address in addition to publication in thelocal newspaper.

~ 144-11. Injunction powers.

The Borough may petition the Washington County Court of Common Pleas for an injunction,either mandatory or prohibitive, to enforce any of the provisions of this article.

~ 144-12. Violations and penalties.

Any person who violates any provision of this article shall, upon conviction, be guilty of amisdemeanor, which is punishable by a fine of not less than $100 nor more than $1,000 or, indefault of payment of such fine, then by imprisonment for a period not more than 30 days, orboth. Each day of violation shall be considered a separate and distinct offense.

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9 144-13 SOLID WASTE

ARTICLE IIRecycling

[Adopted 7-9-1990 by Ord. No. 1150 (Ch. 20, Part 2, of the 1988 Code)]

9 144-14

~ 144-13. Title.

The short title of this article shall be the "Borough of Canonsburg Recycling Ordinance," andthe same shall be cited in that manner.


The following words and phrases used throughout this article shall have the followingmeanings:

ACT 101 - The Municipal Waste Planning, Recycling and Waste Reduction Act of 1988.5

ALUMINUM - All empty aluminum beverage cans.

BIMET AL CONTAINERS - Empty beverage containers consisting of steel and aluminum.

COLLECTOR - The entity or entities authorized by the Borough of Canonsburg to collectrecyclable materials from residences or authorized by commercial, municipal and institutionalestablishments that do not receive collection services from the Borough to collect recyclablematerials from those properties.

COMMERCIAL ESTABLISHMENTS - Those properties used primarily for commercial orindustrial purposes, and those multiple dwelling residential buildings containing more than sixrental dwelling units.

COMMUNITY ACTIVITIES - Events that are sponsored by public or private agencies orindividuals that include but are not limited to fairs, bazaars, socials, picnics and organizedsporting events attended by 200 or more individuals per day.

CORRUGATED PAPER - Structural paper materials with an inner core shaped in rigidparallel furrows and ridges.

FERROUS CONTAINERS - Empty steel or tin-coated food or beverage containers.

GLASS CONTAINERS - Bottles or jars made of clear, green or brown glass. Expresslyexcluded are noncontainer glass, plate glass, automotive glass, light bulbs, blue glass andporcelain and ceramic products.

GOVERNMENTAL ESTABLISHMENT - Public facilities operated by the Borough andother governmental and quasi-governmental authorities.

INSTITUTIONAL ESTABLISHMENTS - Those facilities that house or serve groups ofpeople, including but not limited to hospitals, nursing homes, day-care centers and schools.


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LEAD-ACID BATTERIES - Includes but is not limited to automotive, truck and industrialbatteries that contain lead.

LEAF WASTE - Leaves from trees, bushes and other plants, garden residues, chippedshrubbery and tree trimmings, but not including grass clippings.

MAGAZINES AND PERIODICALS - Printed matter containing miscellaneous writtenpieces published at fixed or varying intervals. Expressly excluded are all other paper productsof any nature whatsoever.

MULTIFAMILY HOUSING PROPERTIES - Any properties having more than six rentaldwelling units per structure.

MUNICIP ALITY - The Borough of Canonsburg.

MUNICIPAL WASTE - Any garbage, refuse, industrial lunchroom or other materialsincluding solid, liquid, semisolid or contained gaseous material resulting from operation ofresidential, municipal, commercial or institutional establishments and from communityactivities, and any sludge not meeting the definition of residual or hazardous waste in theSolid Waste Management Act6 from a municipal, commercial or institutional water supplytreatment plant, wastewater treatment plant or air-pollution control facility. The term does notinclude source-separated recyclable materials.

NEWSPAPERS - Paper of the type commonly referred to as "newsprint" and distributed atfixed intervals, having printed thereon news and opinions and containing advertisements andother matters of public interest. Expressly excluded are newspapers which have been soiled,color comics, glossy advertising inserts and advertising inserts printed in color other thanblack and white often included with newspapers.

PERSON(S) - Owners, lessees and occupants of residences and commercial, municipal andinstitutional establishments.

PLASTIC CONTAINERS - Empty plastic food and beverage containers. Due to the widevariety of types of plastics, the Borough may stipulate specific types of plastic which may berecycled.

RECYCLABLE MATERIALS - Materials generated by residences and commercial,municipal and institutional establishments which are specified by the Borough and can beseparated from municipal waste and returned to commerce to be reused as a resource indevelopment of useful products. Recyclable materials may include but are not necessarilylimited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade officepaper, newsprint, corrugated paper, leaf waste, plastics and any other item selected by theBorough or specified in future revisions to Act 101. The recyclable materials selected by theBorough may be revised from time to time as deemed necessary by the Borough.

RECYCLING - The collection, separation, recovery and sale or reuse of metals, glass,paper, leaf waste, plastics and other materials which would otherwise be disposed or

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

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.-"'--"'-.

processed as municipal waste or the mechanized separation and treatment of municipal waste(other than through combustion) and creation and recovery of reusable materials.

RESIDENCES - Any owner-occupied single or multifamily dwellings and rentalmultifamily dwelling having up to six dwellings per unit structure, for which the Boroughprovides municipal waste collection service.

SOURCE-SEP ARATED RECYCLABLE MATERIALS - Those materials separated fromsolid waste at the point of collection for the purpose of being recycled.

WASTE - A material whose original purpose has been completed and which is directed to adisposal or processing facility or is otherwise disposed. The term does not includesource-separated recyclable materials or material approved by the Pennsylvania Department ofEnvironmental Protection for beneficial use.

~ 144-15. Establishment of program; grant of power.

The Borough hereby establishes a recycling program for the mandatory separation andcollection of recyclable materials and the separation, collection and composting of leaf wastefrom all residences and all commercial, municipal and institutional establishments located inthe Borough for which waste collection is provided by the Borough or any other collector.Collection of the recyclable materials shall be made at least once per month by the Borough,its designated agent or any other solid waste collectors operating in the Borough andauthorized to collect recyclable materials from residences or from commercial, municipal andinstitutional establishments. The recycling program shall also contain a sustained publicinformation and education program.

~ 144-16. Lead-acid batteries.

Disposal by persons of lead-acid batteries with other municipal wastes is prohibited and shallbe a violation of this article.

~ 144-17. Separation and collection.

A. All persons who are residents of the Borough shall separate all of those recyclablematerials designated by the Borough from all other municipal waste produced at theirhomes, apartments and other residential establishments, store such materials forcollection and place the same for collection in accordance with the guidelines establishedhereunder.

(l) Persons in residences must separate recyclable materials from other refuse.Recyclable materials shall be placed at the curbside in containers approved by theBorough for collection. Any containers provided by the Borough to residences forcollection of recyclable materials shall be the property of the Borough and shall beused only for the collection of recyclable materials. Any resident who moveswithin or from the Borough shall be responsible for returning the allocatedcontainers to the Borough or shall pay the replacement cost of said containers. Useof recycling containers for any purpose other than the designed recycling program

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~ 144-17 CANONSBURG CODE ~ 144-18

or use of the recycling containers by any person other than the person allocatedsuch containers shall be a violation of this chapter.

(2) An owner, landlord or agent or an owner or landlord of a multifamily rentalhousing property with more than six units may comply with its recyclingresponsibilities by establishing a collection system at each property. The collectionsystem must include suitable containers for collecting and storing the recyclablematerials, easily accessible locations for the containers and written instructions tothe occupants concerning the use and availability of the collection system. Owners,landlords and agents of owners or landlords who comply with this article shall notbe liable for noncompliance of occupants of their buildings.

(3) If recyclable materials are collected by a collector other than the Borough or itsauthorized agent, owners, landlords and agents of owners or landlords shall submitan annual report to the Borough reporting the tonnage of materials recycled duringthe previous year.

B. All persons must separate leaf waste from other municipal waste generated at theirhouses, apartments and other residential establishments for collection, unless thosepersons have otherwise provided for the disposal of leaf waste.

C. Persons must separate high-grade office paper, aluminum, corrugated paper, leaf wasteand such other materials as may be designated by the Borough generated at commercial,government and institutional establishments and from community activities and muststore the recyclable materials until collection. Recyclable materials will be collected by acollector other than the Borough or its authorized agent. Occupants of saidestablishments shall submit an annual report to the Borough reporting the tonnage ofmaterials recycled during the previous year.

~ 144-18. Collection and disposal charges.

A. A fee and charge assessment is hereby made and imposed upon dwelling units in anamount as set forth from time to time by resolution of the Borough Council, payablequarterly in advance of the collection and disposition of all recyclable materials, whetheror not said services of the Borough be used to the extent herein provided. Theresponsibility for the payment of the yearly assessment shall be that of the individual,individuals, firm or corporation who are the record owners of the real estate upon whichsaid dwelling unit or units were located at the time the fee and charge assessment ismade. [Amended 12-16-1997 by Ord. No. 1216]

B. The Borough Manager shall mail or cause to be mailed quarterly billings for set fee andcharge assessment to the occupant or occupants or owner or owners of the dwelling unitor units for payment thereof. Said fee and charge assessment shall be paid at the BoroughManager's Office during the normal daily working hours said office is open.

C. If the aforesaid fee and charge assessment remains unpaid for a period of 30 days,interest at the rate of 1% per month will be added thereto until paid.

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D. If the aforesaid fee and charge assessment remains unpaid for a period of one year, a 5%penalty will be added thereto in addition to the interest aforesaid.

E. In the event that the aforesaid fee and charge assessment remains unpaid for a period ofone year, the Council is authorized through its proper officer or officers or agent oragents to file a lien in the Prothonotary's Office of Washington County, Pennsylvania,against the owner or owners of the real estate upon which said dwelling unit or units arelocated at the time the fee and charge assessment is made.

F. The Borough's contracted hauler or other licensed haulers shall be responsible for thecollection of any fees for recyclable materials collection disposal services provided tocommercial, institutional or industrial sources within the Borough.

~ 144-19. Ownership of recyclable materials.

All recyclable materials placed by persons for collection by the Borough or authorizedcollector pursuant to this article shall, from time of placement at the curb, become theproperty of the Borough or the authorized collector, except as otherwise provided by S 144-21of this article. Nothing in this article shall be deemed to impair the ownership of separatedrecyclable materials by the generator unless and until such materials are placed at the curbsidefor collection.

~ 144-20. Collection by unauthorized persons.

It shall be a violation of this article for any person, firm or corporation, other than theBorough or one authorized by the Borough of Canonsburg, to collect recyclable materialsplaced by residences or commercial, municipal and institutional establishments for collectionby the Borough or an authorized collector. In violation hereof, unauthorized collection fromone or more residences or commercial, municipal and institutional establishments on onecalendar day shall constitute a separate and distinct offense, punishable as hereinafterprovided.

~ 144-21. Existing recycling operation.

Any residence or commercial, municipal or institutional establishment may donate or sellrecyclable 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 donatedrecyclable materials from the collection point of a residence or commercial, municipal orinstitutional establishment without prior written permission from the Borough of Canonsburgor other entity responsible for authorizing collection of recyclable materials to make such acollection.

~ 144-22. Disposal with wastes.

Disposal by persons of recyclable materials with wastes is prohibited and shall be a violationof this article. The collected recyclable materials shall be taken to a recycling facility.Disposal by collectors or operators of recycling facilities or source-separated recyclable

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materials in landfills or to be burned in incinerators is prohibited, unless markets do not existand collectors or operators have permission of the Borough of Canonsburg.

~ 144-23. Administration and enforcement; violations and penalties.

A. The Borough Manager is hereby authorized and directed to make reasonable rules andregulations for the operation and enforcement of this article as deemed necessary,including but not limited to:

(1) Establishing recyclable materials to be separated for collection and recycling byresidences and additional recyclable materials to be separated by commercial,municipal and institutional establishments.

(2) Establishing collection procedures for recyclable materials.

(3) Establishing reporting procedures from amounts of materials recycled.

(4) Establishing procedures for the distribution, monitoring and collection ofrecyclable containers.

(5) Establishing procedures and rules for the collection of leaf waste.

B. Except as hereinafter provided, any person, firm or corporation who shall violate any ofthe provisions of this article shall, upon conviction, be sentenced to pay a fine of not lessthan $100 nor more than $1,000, and costs of prosecution for each and every offense.

C. The Borough reserves the right not to collect municipal waste containing recyclablematerials in combination with nonrecyclable materials.

~ 144-24. Franchise agreements.

The Borough may enter into (an) agreement(s) with public or private agencies or firms toauthorize them to collect all or part of the recyclable materials from curbside.

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Chapter 144 SOLID WASTE - Canonsburg Borough 144 SOLID WASTE ARTICLE II Recycling ~144-1. ... other...

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