Borough of Trafford, PA Chapter 114 Garbage, Rubbish and Refuse

[HISTORY: Adopted by the Borough Council of the Borough of Trafford 7-22-1992 by Ord. No. 638 (Ch. 114 of the 1989 Code); amended in its entirety 12-10-2002 by Ord. No. 688. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 75.

Fire prevention — See Ch. 107

Handbills and posters — See Ch. 118.

Junkyards — See Ch. 126.

Nuisances — See Ch. 136.

Property maintenance — See Ch. 152.

§ 114-1 Short title.

This chapter shall be known and entitled as "Garbage, Rubbish and Refuse."

§ 114-2 Definitions and word usage.

A. In this chapter, the following definitions shall apply:

BOROUGH

The Borough of Trafford, Westmoreland and Allegheny Counties, Pennsylvania.

BULKY WASTE

Large items of domestic and/or residential waste, excluding hazardous waste, building materials, blocks, cement, tree stumps, refrigerators and tires, or anything that may require special handling.

COMMERCIAL ESTABLISHMENT

Any establishment engaged in a nonmanufacturing or nonprocessing business, including but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters and multifamily dwellings containing four or more units.

COMMERCIAL WASTE

Solid waste, comprised of garbage and rubbish, which normally originates from commercial establishments.

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 paving.

CONTAINER

A portable device in which waste is held for storage or transportation.

DEPARTMENT OR DEP

The Pennsylvania Department of Environmental Protection (DEP)

DISPOSAL

The disposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that 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 RESIDENTIAL WASTE

Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or multifamily dwellings.

GARBAGE

Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food and food containers.

HAULER OR COLLECTOR

Any person, firm, partnership, association or corporation engaged in the collection or transportation of municipal waste.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in Act 97,[1] 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; pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed; or which is otherwise defined as hazardous by any federal or state statute or regulation.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing, including but not limited to factories, foundries, mills, processing plants, refineries, mines and slaughterhouses. The term "industrial establishment" shall include the ancillary operations of said establishments engaged in activities such as packaging or printing of materials.

INSTITUTIONAL ESTABLISHMENT

Any establishment engaged in service, including but not limited to public buildings, hospitals, nursing homes, orphanages, schools and universities.

LEAF WASTE

Leaves, garden residues, shrubbery and tree trimmings and similar material, but not including grass clippings.

LICENSED COLLECTOR

Any municipal waste hauler or collector possessing a valid and current license issued by the Borough pursuant to this chapter.

MUNICIPAL WASTE

Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material (but excluding hazardous waste) 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[2] 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.

OCCUPIED DWELLING

A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, 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 which prescribe 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.

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 processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.

RECYCLING FACILITY

A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste nor composting facilities or resource recovery facilities.

REFUSE

All solid waste materials which are discarded as useless.

RESIDENTIAL SOURCE

An individual residence or a multifamily residential structure with fewer than four units.

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.[3] The term 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 Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[4]

RESOURCE RECOVERY FACILITY

A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including but not limited to a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy and any chemical and biological process that converts municipal waste into a fuel product.

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.

SALVAGING

The controlled removal or recycling of material from a solid waste processing or disposal facility.

SCAVENGING

The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.

SOLID WASTE

Any waste, including but not limited to municipal, residual, construction, demolition or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.

SOURCE-SEPARATED RECYCLABLE MATERIALS

Materials that are separated from municipal waste at the point of origin for the purpose of recycling.

STORAGE

The containment in an area 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 waste collection route 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 35 P.S. § 6018.101 et seq.

[3] Editor's Note: See 52 P.S. § 30.51 et seq.

[4] Editor's Note: See 35 P.S. § 691.1 et seq.

B. As used in this chapter, the singular shall include the plural and the masculine shall include the feminine and the neuter.

§ 114-3 Prohibited activities.

A. It shall be unlawful for any person to accumulate or permit to accumulate upon public or private property within the Borough any garbage, refuse, rubbish, bulky waste or any other municipal or residual solid waste except in accordance with the provisions of this chapter and any Department rules and regulations adopted pursuant to Act 97,[1] Act 101[2] or legislative authority hereinafter enacted with respect to the management of solid waste.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

B. It shall be unlawful for any person to burn any solid waste, including leaf waste, within the Borough except in accordance with the provisions of Chapter 107, Fire Prevention, of the Code of the Borough of Trafford and any Department rules and regulations adopted pursuant to Act 97, Act 101 or legislative authority hereinafter enacted with respect to the management of solid waste.

C. It shall be unlawful for any person to dispose of any solid waste in the Borough except in accordance with the provisions of this chapter and any Department rules and regulations adopted pursuant to Act 97, Act 101 or legislative authority hereinafter enacted with respect to the management of solid waste.

D. It shall be unlawful for any person to haul, transport, collect or remove any solid waste from public or private property within the Borough without a current, valid license issued in accordance with the provisions of this chapter.

E. It shall be unlawful for any person to scavenge any materials from any municipal waste or source-separated recyclable materials that are stored or deposited for collection within the Borough.

F. It shall be unlawful for any person to salvage or reclaim any solid wastes within the Borough except at an approved and permitted resource recovery facility under any Department rules and regulations adopted pursuant to Act 97, Act 101 or legislative authority hereinafter enacted with respect to the management of solid waste.

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, utility easement, body of water and/or public or private property within the Borough except as provided in this chapter.

H. It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection or to discard or dispose any lead acid battery except by delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency or to a collection or recycling facility approved by the Department.

§ 114-4 Standards for storage of solid waste.

A. The storage of all solid waste 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.

B. Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all municipal waste materials therein.

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

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

(2) All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar materials or placed in properly tied plastic bags.

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

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

(5) The Borough or its designated representative may specify special preparation and storage procedures to facilitate the collection and recycling of certain recyclable materials.

D. All municipal waste shall be stored in containers approved by the Borough or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:

(1) Reusable containers shall be constructed of durable, watertight, rust- and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insectproof and rodentproof.

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

(3) Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 32 gallons and a loaded weight of not more than 40 pounds.

(4) Disposable plastic bags or sacks are acceptable containers, provided that said bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection and shall have a capacity of not more than 32 gallons and a loaded weight of not more than 40 pounds.

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

(1) Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.

(2) Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected as often as necessary to prevent the accumulation of liquid residues or solids on the bottom 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 chapter or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the Borough or its designated representative.

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

(6) No person shall place containers for collection prior to 3:00 p.m. of the day preceding the day scheduled for pickup. At all other times, containers shall be properly stored on the premises of the person utilizing the same.

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

(8) Storage of containers.

(a) All residential containers shall be placed, when between collections, to the rear or side of the building.

(b) All commercial containers shall be placed, when between collections, in an enclosed area with a minimum height of no less than the height of the container and in no case to obstruct a passageway between a building or placed on a sidewalk.

F. The storage of all municipal waste from commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this chapter. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the licensed collector, subject to approval of the Borough.

G. Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste promulgated by the Department.

§ 114-5 Standards and regulation for collection.

A. The Borough shall provide for the collection of all garbage, rubbish and bulky waste from residential sources or it may contract with a private collector or collectors to provide this essential residential collection service.

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

C. The Borough may provide for the collection of all garbage, rubbish and bulky waste from commercial sources or it may contract with a private collector or collectors to provide this service. If the Borough provides for the aforesaid collection through contract or otherwise, all commercial sources shall utilize the collection service provided by the Borough. If the Borough does not provide said collection services by contract or otherwise, commercial sources shall negotiate and individually contract collection services with a collector licensed in accordance with this chapter.

D. Institutional and industrial sources shall negotiate and individually contract collection services with a collector licensed in accordance with this chapter.

E. All residential garbage and rubbish shall be collected at least once each week.

F. All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once each week. Collection from these sources shall be made as often as necessary, as determined by the Borough, to control health hazards, odors, flies and unsightly conditions.

G. Collection schedules for services provided by the Borough, by contract or otherwise, shall be published regularly by the Borough or its collector.

H. All municipal solid waste collection activity shall be conducted from Monday through Saturday between the hours of 6:00 a.m. and 6:00 p.m., unless prior approval of any exception has been granted by the Borough. No collection, hauling or transporting of municipal waste shall be permitted within the Borough on Sundays or holidays.

I. All collectors or haulers shall comply with the following standards and regulations:

(1) All municipal waste collected within the Borough shall be conveyed by the collector or hauler to a transfer station, processing facility and/or disposal site designated as such by resolution of the Council of the Borough. Any such transfer station, processing facility and/or disposal site designated by the Borough shall also be approved by the appropriate authorities of either Westmoreland County or Allegheny County.

(2) Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of this chapter, Act 97[1] and Act 101[2] and any Department rules and regulations adopted pursuant to Act 97, Act 101 or legislative authority hereinafter enacted with respect to the management of solid waste.

[1] Editor's Note: See 35 P.S. § 6018.101 et seq.

[2] Editor's Note: See 53 P.S. § 4000.101 et seq.

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

(4) Collection vehicles for rubbish and other nonputrescible solid waste shall be capable of being enclosed or covered to prevent roadside litter and other nuisances.

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

(6) All solid waste collection vehicles shall be operated and maintained in a clean and sanitary condition.

§ 114-6 Collection and disposal charges.

A. The Council of the Borough of Trafford shall be authorized to make funds available, in accordance with the laws and procedures of the Borough, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system; or for the contracting of the same with a private collector licensed in accordance with the provisions of this chapter.

B. Fee schedules shall be established by resolution of the Borough Council and published by the Borough for the residential and commercial collection services provided by the Borough by contract or otherwise. The payment of the fees and charges shall be the ultimate obligation and responsibility of the owner of the property to which the service is provided. All property, with the exception of unimproved property, shall be deemed serviceable and fully accessible for municipal waste collection service charges.

(1) Fees and charges shall be assessed on an annual basis and shall be determined by dividing the total cost of the refuse and collection charges by the total number of residential units and/or commercial sources receiving collections services provided by the Borough by contract or otherwise. The total yearly fee will be collected through quarterly billings and collected by either the Borough or a designated agent of the Borough.

(2) If a quarterly bill remains unpaid for a period of 30 days from the date of the statement issued for said fee, such fee shall be declared delinquent and a penalty of 10% shall be added to the total amount due the Borough and shall be payable to the Borough by the responsible party. If such fee and penalty remains unpaid 60 days after the date of the statement, the fee or unpaid portion of the same, together with any penalty thereon, shall bear interest at the rate of 6% per annum. If collection is pursued, costs as may be charged by the Borough or its agent shall be imposed in addition to the aforesaid fee, penalty and interest. The Borough may file a municipal lien for the aforesaid fee, penalty, interest and costs.

(3) If the occupier of a residential or commercial source to which collection services are provided by the Borough is not the owner of the same, any fees, penalties, interest and/or costs levied in accordance with this chapter shall be imposed upon the owner of such premises, and, if payment is not timely made, the Borough shall be entitled to collect the same from said owner and/or file a municipal lien on such property owned and used as aforesaid.

(4) Nothing herein contained shall be construed to forbid the owner of any premises which is subject to the terms of this chapter from requiring any tenant or possessor of said premises to pay charges directly or to reimburse said owner for all or any part of the fees, penalties or interest paid by said owner for the collection, removal and disposal services provided by the Borough in accordance with this chapter.

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

§ 114-7 Licensing requirements.

A. In that control of the collection, transportation and/or disposal of solid waste is required to protect the health, safety and welfare of the residents of the Borough, no person shall collect, remove, haul or transport any solid waste upon or through any streets or alleys of the Borough without a current and valid license issued by the Borough pursuant to the provisions of this chapter.

B. A person who desires to collect, haul, transport or dispose of any solid waste within the Borough shall submit a license application and an application fee of $50 to the Borough or its designated representative. A minimum period of 30 days shall be allowed for the Borough to review the application and approve or deny the same.

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

(1) Name and mailing address.

(2) Contact person and telephone number.

(3) List of equipment proposed for use within the Borough.

(4) Types of wastes proposed to be collected.

(5) Manner or method of collection.

(6) Frequency of collection.

(7) Point of collection.

(8) Proposed place and method of disposal for each type of waste.

(9) Rate schedule for each type of solid waste collection service.

(10) Copies of licenses issued by Westmoreland or Allegheny County.

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

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

F. Any misrepresentation or falsification on a license application may be grounds for rejection of an application or immediate revocation of a license which has been issued.

G. In the event that any information on the license application, including rates or charges, changes during the term of the license, the licensee shall notify the Borough of the change within 15 days after such a change becomes effective. Failure to notify the Borough of such changes may be grounds for immediate revocation of the license.

H. All licensed haulers or collectors shall be responsible for maintaining a current list of customers serviced and records of the amounts and types of waste collected within the Borough. Such records and customers lists shall be available for the inspection or provided to the Borough upon request.

I. The health and safety of the residents of the Borough being of paramount concern, nothing contained in this section shall be construed to require the Borough to license more than one hauler or collector during any time period.

§ 114-8 Administrative appeals.

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

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

C. Appeals may be made by the following persons:

(1) Any person who is aggrieved by a new standard or regulation issued by the Borough may appeal within 10 days after the Borough 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 Borough 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.

§ 114-9 Violations and penalties.

[Amended 5-10-2005 by Ord. No. 702]

Upon notification of a violation of § 114-5 of Trafford Borough Chapter 114, the violating party will receive a warning notice to correct the violation. A second violation occurring within the same calendar year (January 1 through December 31) will be assessed a fine of $50 payable within seven calendar days of receiving the notice. All fines will be payable at the Borough Administrator's office. Failure to pay the fine within the seven-calendar-day time period will result in the issuance of a citation pursuant to the provisions of this Chapter 114. Upon conviction, the violator shall be guilty of a summary offense punishable by a fine of not less than $100 and not more than $1,000 and, in default 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.

§ 114-10 Authority to seek injunctive relief.

The Borough may petition the Court of Common Pleas of the county wherein a violation of any provision of this chapter occurs for an injunction, either mandatory or prohibitive, to enforce any such provision.