Borough of Rosslyn Farms, PA Solid Waste

The following words and phrases as used in this chapter shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:

ACT or ACT 97

The Pennsylvania Solid Waste Management Act of 1980, 35 P.S. § 6018.101 et seq.

AGRICULTURAL WASTE

Poultry and livestock manure, or residual materials in liquid or solid form, generated in the production and marketing of poultry, livestock, furbearing animals and their products, provided such waste is not a hazardous waste. The term includes the residual materials generated in producing, harvesting and marketing of all agronomic, horticultural, silvicultural and agricultural crops or commodities grown on what are usually recognized and accepted as farms, forests or other agricultural lands.

ASHES

Any and all residue from the burning of coal, coke, wood or other combustible material.

BULKY WASTE

Large items of solid waste, including, but not limited to, appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape or weight.

COMMERCIAL ESTABLISHMENT

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

COMPOST, RESIDENTIAL

The process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product, restricted solely to residential use and not for commercial purposes.

CONSTRUCTION DEMOLITION WASTE

All municipal and residual waste building materials, grubbing waste and rubble resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures and pavements.

DEP/DEPARTMENT

The Pennsylvania Department of Environmental Protection.

DISPOSAL

The incineration, deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.

DOMESTIC WASTE or HOUSEHOLD WASTE

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

DUMPSTER

A metal storage receptacle used to temporarily store debris or garbage and which is then emptied of its contents or removed with its contents to a dumpsite.

GARBAGE

Any solid waste derived from animal, grain, fruit or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases or vectors.

HAULER or PRIVATE COLLECTOR

Any person, firm, copartnership, association or corporation who has been licensed by the Borough or its designated representative to collect, transport and dispose of refuse for a fee as herein prescribed.

HAZARDOUS WASTE

Any solid waste or combination of solid wastes, as defined in the Act, which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

INDUSTRIAL ESTABLISHMENT

Any establishment engaged in manufacturing or processing including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.

INSTITUTIONAL ESTABLISHMENT

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

MUNICIPAL WASTE

Garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

MUNICIPALITY

The Borough of Rosslyn Farms, Allegheny County, Pennsylvania.

PERSON

Any individual, partnership, corporation, association, institution, cooperative enterprise, state institution and agency or any other legal entity which is recognized by law as the subject of rights and duties. In any provision of this chapter prescribing a fine, imprisonment or penalty or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

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 of all of such waste material for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities and resource recovery facilities.

REFUSE

All solid waste materials which are discarded as useless.

RESIDUAL WASTE

Any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural 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, 52 P.S. § 30.51 et seq. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Clean Streams Law, 35 P.S. § 691.1 et seq.

RUBBISH

All nonputrescible municipal waste except garbage and other decomposable matter. This category includes, but is not limited to, ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.

SCAVENGING

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

SEWAGE TREATMENT RESIDUES

All coarse screenings, grit and dewatered or air dried sludges from sewage treatment plants and pumpings from septic tanks or septage which are a municipal solid waste and require proper disposal under Act 97.

SOLID WASTE

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

SOURCE SEPARATED RECYCLABLE MATERIALS

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

STORAGE

The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.

TEMPORARY DUMPSTER

Any dumpster used or intended as a disposal facility for construction, renovation, or demolition projects, special events, seasonal use, or other purposes not permanent in nature.

TRANSFER STATION

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

TRANSPORATION

The off-site removal of any solid waste at any time after generation.

YARD WASTE

Leaves, grass cuttings, weeds, garden waste, tree limbs, and other vegetative wastes generated at residential, commercial, or industrial properties.

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

§ 155-3 Prohibited activities.

[Amended 8-12-2019 by Ord. No. 405; 6-8-2020 by Ord. No. 411]

It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the Borough any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

It shall be unlawful for any person to burn any solid waste within the Borough except in accordance with the provisions of this chapter, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

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, any Department rules and regulations adopted pursuant to Act 97 and the Health Department Rules and Regulations, Article VIII.

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 first securing a license to do so in accordance with the provisions of this chapter.

It shall be unlawful for any person to scavenge any materials from any solid waste that is stored or deposited for collection within the Borough without prior approval by the Borough.

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 Act 97 and any Department rules and regulations adopted pursuant to Act 97.

It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste or yard waste in or upon Borough property or other person's private property within the Borough, including but not limited to any street, alley, sidewalk, lot or body of water, except as provided in this chapter. Solid waste and yard waste that inadvertently are caused to enter Borough property or other person's private property shall be promptly removed; there is no grace period within which to remove solid waste or yard waste.

(1)

Exception. Solid waste and yard waste that is thrown, placed or deposited upon Borough property for permissible collection by the Borough Street Department shall be exempt from the prohibition in Subsection G.

It shall be unlawful for any person to place a temporary dumpster on public or private property within the Borough, unless the placement of such dumpster has been approved by the Zoning Officer pursuant to § 155-5 of this chapter.

§ 155-4 Storage standards.

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.

Any person producing municipal waste shall provide a sufficient number of approved metal/plastic containers to store all waste materials generated during periods between regularly scheduled collections and shall place and store all waste materials therein. All containers must be watertight, equipped with a tight fitting lid/cover and must be kept clean and sanitary.

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 material or placed in properly tied plastic bags, and placed in an approved container. Ashes should be placed in separate, fire resistant containers.

(3)

All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.

(4)

Garden clippings and tree trimmings shall be placed at curbside in a manner approved by Council. Council shall, as necessary, adopt rules and regulations for the collection of such items. Residential clippings, not generated by commercial lawn and garden businesses, shall be placed at curbside on the scheduled pick-up day. Clippings generated by commercial entities at residential or other sites will not be disposed of by the Borough.

(5)

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

When specified by the Borough or its designated representative, special preparation and storage procedures may be required to facilitate the collection and resource recover of certain waste materials.

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, insect-proof and rodent-proof.

(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 40 gallons, and a loaded weight of not more than 40 pounds.

(4)

Disposable plastic bags or sacks are acceptable containers only for rubbish provided the bags are designated for waste disposal. Plastic bags shall have sufficient wall strength to maintain physical integrity when lifted by the top and shall be securely tied at the top for collection.

(5)

All containers, either reusable or disposable, shall also comply with the minimum standards established by the National Sanitation Foundation.

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 standard 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)

With the exception of pick-up days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.

(7)

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

(8)

Any refrigeration or ice box having a capacity of 1.5 cubic feet or more must have the lid or door removed if stored, discarded or placed for pick-up. Any person being the owner, lessee or manager of any property upon which a refrigerator or ice box has been stored, discarded or placed for pick-up in violation of this section shall be deemed in violation of this chapter.

The storage of all municipal waste from multifamily residential units, 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 waste hauler, and are subject to approval by the Borough.

A residential compost heap may be maintained in the rear of a lot, provided that it emits no obnoxious fumes or odors and is properly maintained.

§ 155-5 Permit required for temporary dumpster; filing of claim.

[Added 8-12-2019 by Ord. No. 405[1]]

A permit must be obtained prior to the placement of a temporary dumpster on public or private property within the Borough by applying to the Zoning Officer. A fee for such a permit shall be paid in an amount as may be established from time to time by resolution of Borough Council. Notwithstanding the foregoing, no fee shall be established for a permit to place a temporary dumpster on private property.

The following requirements shall apply to the placement of temporary dumpsters:

(1)

A temporary dumpster may be permitted to be placed on public or private property for no more than 30 consecutive days in a calendar year. Upon demonstration of the continued need for additional time during permitted property repair or reconstruction, the Zoning Officer may grant one extension for a cumulative total of no more than 90 consecutive days in a calendar year.

(2)

An applicant may apply for a maximum of three temporary dumpster permits in a one-year period, and is limited to one permit in a thirty-day period.

(3)

The location of any dumpster or temporary dumpster upon public or private property shall not interfere with any required clear sight distance at any intersection.

When public property, including but not limited to, a public street, curb or sidewalk, is damaged by the placement of a temporary dumpster thereon, the party to whom such permit is issued shall be responsible and liable for the same and, upon notice by the Zoning Officer, shall restore the public property to its original condition. Upon 30 days from the date of the Zoning Officer's notice, if the permitee refuses to property restore the public property to its original condition, the Borough may do so and collect the cost of the same from the permittee, as authorized by the Municipal Claim and Tax Lien Act, 53 P.S. § 7101 et. seq.

[1]

Editor's Note: This ordinance also redesignated former §§ 155-5 through 155-9 as §§ 155-6 through 155-10.

§ 155-6 Regulations for collection.

The Borough shall provide for the collection of all garbage, rubbish and bulky wastes from individual residences and multifamily residential sources with less than four units, or it may contract with a private collector or collectors to provide this essential residential collection service.

All households and homeowners shall utilize the residential collection service provided by the Borough unless they can demonstrate that they have made alternate arrangements that are consistent with this chapter and approved by the Borough.

All multifamily residential sources (with more than four units), commercial, institutional and industrial establishments shall negotiate and individually contract collection service with the Borough's collector or any other properly licensed waste hauler or their choice.

All residential garbage and rubbish shall be collected at least once a week. Bulky wastes shall be collected following prior arrangement with the Borough's collector and payment of any required special fees.

All commercial, institutional, public and industrial lunchroom and office waste containing garbage shall be collected at least once a week. Rubbish collection from these sources shall be made as often as necessary to control health hazards, odors, flies and unsightly conditions. The Borough reserves the right to require more frequent collection when deemed necessary.

Residential collection schedules shall be published regularly by the Borough or its contracted hauler.

All solid waste collection activity, other than that conducted by the Borough, shall be conducted from Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. or on Saturdays between the hours of 8:00 a.m. and 5:00 p.m., unless prior approval or any exception has been granted by the Borough. No collection, hauling or transporting of solid waste shall be permitted on Sunday.

All licensed haulers and haulers under contract with the Borough shall comply with the following standards and regulations:

(1)

All municipal waste collected within the Borough shall ultimately be disposed only at a landfill cited in the Allegheny County Solid Waste Plan — 1990, or on subsequent revisions thereto.

(2)

Any trucks or other vehicles used for the collection and transportation of municipal waste must comply with the requirements of Act 97, and any Department regulations adopted pursuant to Act 97, and must be licensed by the Allegheny County Health Department.

(3)

All collection vehicles conveying domestic waste and garbage shall be watertight and suitably enclosed to prevent leakage, roadside littering, attraction of vectors, 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.

§ 155-7 Collection and disposal charges.

Council of the Borough of Rosslyn Farms shall be authorized to make funds available, in accordance with the laws and procedures, for the establishment, maintenance and operation of a municipal solid waste collection and disposal system; or for the contracting of such service to a private collector.

Currently the Borough pays for its residential solid waste collection from general revenues. The Borough may, at any time, change to a fee system with either the Borough or the collector responsible for the collection of the fee from residents. In the event that a fee system is adopted, annual fee schedules shall be published by the Borough on any comparatively bid residential collection service contract.

§ 155-8 Administrative appeals.

All appeals shall be made in writing to the Borough Council of the Borough of Rosslyn Farms.

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

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.

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.

§ 155-9 Injunction powers.

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

§ 155-10 Presumption of responsibility for violation.

[Added 6-8-2020 by Ord. No. 411[1]]

Whenever solid waste or yard waste is thrown, deposited, dropped or dumped from any vehicle or other conveyance in violation of § 155-3G, and if the vehicle or other conveyance has two or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, or other conveyance, if present, shall be presumed to be responsible for the violation, in the absence of the owner of the vehicle, or other conveyance, the operator shall be presumed to be responsible for the violation.

[1]

Editor's Note: This ordinance also redesignated former § 155-10 as § 155-11.

§ 155-11 Violations and penalties.

Any person or entity violating this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day a violation of this chapter continues shall constitute a separate offense.