CHAPTER XIV SOLID WASTE PART 1 COLLECTION

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1 CHAPTER XIV SOLID WASTE PART 1 COLLECTION 101 Definitions 102 Removing or Disturbing Rubbish, Garbage, Recyclable Materials and Other Refuse Prohibited 103 Collections by Person Under Contract with the Municipality 104 Hours for Collection 105 Waste Disposal Restrictions 106 Standards for Collection PART 2 PLACEMENT FOR COLLECTION 201 Placement for Collection 202 Definitions 203 Removal of Containers Following Collection 301 Establishment of Program 302 Separation and Collection 303 Ownership of Recyclable Materials 304 Existing Recycling Operations 305 Recycling of Materials 306 Materials to be Recycled 307 Procedures for Compliance PART 3 RECYCLING PART 4 DUMPING AND ACCUMULATION 401 Dumping or Accumulation of Solid Waste on Private Property is Prohibited 402 Notice to Remove; Removal by Municipality at Owner's Cost Updated 1/2018 xiv - i

2 PART 5 LITTER AND DEBRIS 501 In the CBD Commercial District and in the C-1 Neighborhood Commercial District PART 6 COVERED DEVICE RECYCLING 601 Covered Devices Defined 602 Other Definitions 603 Separation 604 Prohibited Acts 605 Collections by Persons Under Contract with the Municipality 606 Effective Date Updated 1/2018 xiv - ii

3 PART 1 COLLECTION 101 Definitions Authorized Refuse and Garbage Collector. For the purpose of this Part 1, an Authorized Refuse and Garbage Collector shall mean and encompass: The person under contract with the Municipality for the collection of rubbish, garbage, recyclable material and other refuse; Any other commercial collector authorized by law and the owner, occupant, lessee or tenant of a residence, dwelling or business establishment to collect rubbish, garbage, recyclable materials and other refuse of that property Commercial Establishment. A structure used primarily for commercial or industrial purposes, including but not limited to stores, markets, office buildings, restaurants, shopping centers and theaters. In addition, any residential structure which is not classified as a Residence shall constitute a Commercial Establishment for purposes of this article Industrial Establishment. A property used primarily in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses Institutional Establishments. A property used primarily to house or serve groups of people, including but not limited to housing for the elderly, hospitals, nursing homes, orphanages, day-care centers, schools, churches and universities Residence. A structure used primarily as an occupied single-family, two-family, townhouse, or multi-family dwelling having fewer than four (4) dwelling units. 102 Removing or Disturbing Rubbish, Garbage, Recyclable Materials and Other Refuse Prohibited. It shall be unlawful to molest, remove, appropriate, handle or otherwise disturb the materials, containers or contents thereof which have been placed on private or public property or within private or public street rights-of-way for refuse and garbage collection; provided, however, that this provision shall not apply to the owner, occupant, lessee or tenant of the Residence, Commercial, Institutional or Industrial establishment depositing the said items for refuse and garbage collection as aforesaid, or to Authorized Refuse and Garbage Collectors making collections authorized by such depositing owner, occupant, lessee or tenant. 103 Collections by Person Under Contract with the Municipality. Except as otherwise provided in this Section or in a collection contract, the collection of rubbish, garbage, recyclable materials and other refuse by the person under contract with the Municipality Updated 1/2018 XIV - 1

4 for the performance of such services shall be limited weekly to four (4) cans, each having a maximum capacity of thirty-two (32) gallons, unless a larger maximum is specified in any relevant waste removal contract. The removal of any additional rubbish, garbage, and other refuse in excess of the quantity authorized for collection shall be the responsibility of the owner, occupant, lessee or tenant of the property. 104 Hours for Collection. The collection of rubbish, garbage, recyclable materials and other refuse by the person under contract to the Municipality, by any commercial collector authorized by the owner, occupant, lessee or tenant of a residence, dwelling or business establishment to collect said rubbish, garbage, recyclable materials or other refuse of that property or by any charitable organization authorized by the owner, occupant, lessee or tenant of a residence, dwelling or business establishment to collect rubbish, garbage, recyclable materials or other refuse of that property shall be limited to the following hours of operation: Monday through Saturday between 7:00 A.M. and 6:00 P.M., prevailing time. No Sunday, holiday or work outside these hours is permitted unless authorization is obtained from the Municipal Manager. 105 Waste Disposal Restrictions. All municipal waste collected within the Municipality shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan or on subsequent revisions thereto. 106 Standards for Collection The municipality shall provide for the collection of all garbage, rubbish and bulky wastes from Residences, or it may contract with a private collector or collectors to provide collection service to Residences All Residences shall utilize the residential collection service provided by the municipality unless they can demonstrate that they have made alternative arrangements that are consistent with this article and are approved by the manager All Commercial, Institutional and Industrial establishments shall negotiate and individually contract collection service with the municipality s collector or any other property licensed waste hauler of their choice All garbage and rubbish shall be collected at least once a week from Residences. Bulky wastes shall be collected either (i) as specified in any relevant waste collection contract or (ii) following prior arrangement with the municipality s collector and payment of any required special fees by the property owner or resident All garbage, rubbish and waste shall be collected at least once a week from Commercial, Institutional and Industrial establishments. Collection from these establishments shall be made as often as necessary to control health hazards, odors, flies, rodents and unsightly conditions. The municipality reserves the Updated 1/2018 XIV - 2

5 right to require more frequent collection when deemed necessary for these purposes Collection schedules for Residences shall be published regularly by the municipality or its contracted collector. Updated 1/2018 XIV - 3

6 PART 2 PLACEMENT FOR COLLECTION 201 Placement for Collection. No trash, garbage, rubbish, recyclable materials or other refuse of any kind or nature may be placed in the front yard or at the curb line of any property, except on the day designated for the pick-up of trash, garbage, rubbish, recyclable materials or other refuse for such property, or for the period commencing at 6:00 P.M. on the day preceding the day designated for the pick-up of trash, garbage, rubbish, recyclable materials or other refuse from such property. 202 Definitions. As set forth in this Part 2, the words Trash, Garbage, Rubbish, Recyclable Materials or Other Refuse shall be deemed to include the container or containers in which such trash, garbage, rubbish, recyclable materials or other refuse may be placed, and this Part 2 shall apply to such containers, whether they may be filled or empty. 203 Removal of Containers Following Collection. The resident, occupant or person in charge of the property from which trash, garbage, rubbish recyclable materials or other refuse has been picked up shall remove or cause to be removed from the curb line, and/or the front yard, and shall cause to be placed out of view from the street the emptied trash, garbage, rubbish, recyclable materials or other refuse container or containers; said removal shall be accomplished not later than twelve o clock (12:00) mid-night on the day of pickup. Updated 1/2018 XIV - 4

7 PART 3 RECYCLING 301 Establishment of Program. The Municipality hereby establishes a Recycling Program for the mandatory separation and collection of recyclable materials and the separation, collection and composting of leaf waste from all residences and all commercial, municipal and institutional establishments located in the Municipality for which waste collection is provided by the Municipality or any other collector. Collection of the recyclable materials shall be made at least once per month by the Municipality, its designated agent, or any other solid waste collectors operating in the Municipality and authorized to collect recyclable materials from residences or from commercial, municipal and institutional establishments. The Recycling Program shall also contain a sustained public information and education program. 302 Separation and Collection All persons who are residents of the Municipality shall separate all of those recyclable materials designated by the Municipality from all other municipal waste produced at their homes, apartments and other residential establishments, store such materials for collection, and shall place same for collection in accordance with the guidelines established hereunder Persons in residence must separate recyclable materials from other refuse. Recyclable materials shall be placed at the curb side in a container provided by the resident for collection. The container shall be clearly marked by affixing stickers or other markers which are furnished by the Municipality An owner, landlord, or agent of an owner or landlord of a multi-family rental housing property with four (4) units or more may comply with its recycling responsibilities by establishing a collection system at each property. The collection system must include suitable containers for collecting and sorting the recyclable materials, easily accessible locations for containers, and written instructions to the occupants concerning the use and availability of the collection system. Owners, landlords and agents of owners or landlords who comply with this Ordinance shall not be liable for noncompliance of occupants of their buildings. If recyclable materials are collected by a collector other than the Municipality or its authorized agent, owners, landlords and agents of owners or landlords shall submit an annual report to the Municipality reporting the tonnage of materials recycled during the previous year All persons must separate leaf waste from other municipal waste generated at their houses, apartments and other residential establishments for collection unless those persons have otherwise provided for composting of leaf waste. Updated 1/2018 XIV - 5

8 302.5 Persons must separate high grade office paper, aluminum, corrugated paper, leaf waste and such other materials as may be designated by the Municipality generated at commercial, municipal and institutional establishments and from community activities and store the recyclable materials until collection. A person may be exempted from this paragraph if that person submits documentation to the Municipality annually indicating that the designated recyclable materials are being recycled in an appropriate manner. If recyclable materials are collected by a collector other than the Municipality or its authorized agent, occupants of said establishments shall submit an annual report to the Municipality reporting the tonnage of materials recycled during the previous year. 303 Ownership of Recyclable Materials. All recyclable materials placed by persons for collection by the Municipality or authorized collector pursuant to this Ordinance shall, from time of placement at the curb, become the property of the Municipality or the authorized collector. Nothing in this Ordinance shall be deemed to impair the ownership of separated recyclable materials by the generator unless and until such materials are placed at the curb side for collection. 304 Existing Recycling Operations. Any residence or commercial, municipal or institutional establishment 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, municipal or institutional establishment without prior written permission from the Municipality or other entity responsible for authorizing collection of recyclable materials to make such a collection. 305 Recycling of Materials. Disposal by persons of recyclable materials with wastes is prohibited and shall be a violation of this Ordinance. The collected recyclable materials shall be taken to a recycling facility. Disposal by collectors or operators of recycling facilities of source separated recyclable materials in landfills or to be burned in incinerators is prohibited unless markets do not exist and the collectors or operators have notified the Municipality in writing. 306 Materials to be Recycled. The Commission shall from time to time establish by resolution the materials to be separated by residences for collection and recycling and additional materials to be separated by commercial, municipal, educational and institutional establishments. 307 Procedures for Compliance. The Commission shall from time to time establish by resolution the materials to be separated for collection and recycling and the procedures to be established for the following: a) Collection procedures for recyclable materials. Updated 1/2018 XIV - 6

9 b) Reporting procedures for amounts of materials recycled. c) Procedures and rules for collection of leaf waste. d) Definitions of recyclable materials. Updated 1/2018 XIV - 7

10 PART 4 DUMPING AND ACCUMULATION 401 Dumping or Accumulation of Solid Waste on Private Property is Prohibited. It shall be unlawful for any person to dump garbage, rubbish, ashes, or other refuse upon any private property located within the Municipality or to permit the same to accumulate thereon. 402 Notice to Remove; Removal by Municipality at Owner s Cost. Whenever the Municipality shall determine that garbage, rubbish, ashes, or other refuse has been dumped upon, or has been permitted to accumulate upon, private property in the Municipality, after notice to the owner thereof to remove the same within five (5) days by registered mail at the last known address of such owner, if said garbage, rubbish, ashes, or other refuse has not been so removed, the Municipality is hereby empowered to remove the same and to proceed against said owner for the cost of said removal. Updated 1/2018 XIV - 8

11 PART 5 LITTER AND DEBRIS 501 In the CBD Commercial District and in the C-1 Neighborhood Commercial District. As defined in Chapter XX (Zoning), the following requirements shall apply: Litter and Debris. No person owning or occupying any building, lot or real property within the CBD Commercial District or the C-1 Neighborhood Commercial District shall allow any litter or debris to accumulate or remain outside of the building or on the lot or real property. Such outside area shall be swept clear of litter and debris at the close of each business day Sweeping Litter and Debris Into the Street Prohibited. It shall be unlawful to sweep or push litter or debris from the sidewalks or other outside area into streets where it will be washed into Municipal storm drains. Such litter or debris shall be deposited in a proper receptacle that shall be tightly covered or tied to prevent scattering before collection. Updated 1/2018 XIV - 9

12 PART 6 COVERED DEVICE RECYCLING 601 Covered Devices Defined. For purposes of this Part 6, Covered Devices shall have the same meaning as that set forth in Act 108, and shall mean covered computer devices and covered television devices, which are marketed and intended for use by a consumer. The term covered devices shall include desktop computers, cell or mobile telephones, laptop computers, peripherals, monitors and televisions. Notwithstanding Act 108, for purposes of this Ordinance, covered devices shall also include cell or mobile telephones. 602 Other Definitions. Covered computer device. A desktop or notebook computer or computer monitor or peripheral, marketed and intended for use by a consumer. Covered television device. An electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable or satellite, including, without limitation, any direct view or projection television with a viewable screen of four inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode or similar technology marketed and intended for use by a consumer primarily for personal purposes. Peripheral. A keyboard, printer or any other device sold exclusively for external use with a computer that provides input into or output from the computer. The term does not include adaptive or assistive technologies. 603 Separation. All persons who are residents of the Municipality shall separate all Covered Devices from all recyclable materials and other municipal waste. 604 Prohibited Acts. It shall be prohibited to place Covered Devices in the front yard or at the curb line of any property for collection at any time. 605 Collections by Person Under Contract with the Municipality. All Covered Devices may be presented or delivered at times and location designated by the Municipal Manager to a Recycling Facility that has been designated by the Municipal Manager from time to time, which Facility will be, or will deliver the Covered Devices to, a Facility that has achieved and maintained accreditation that meets the performance requirements of 505(b) of Act 108 and that is authorized to accept Covered Devices. Updated 1/2018 XIV - 10

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