[Ord. 508, 5/9/2017]
For purposes of this Part, the following words are defined as
follows:
The Pennsylvania Solid Waste Management Act, Act 1980-97,
enacted July 7, 1980, and any amendments thereto.
Poultry and livestock manure, or residual materials in liquid
or solid form, generated in the production, keeping and/or marketing
of poultry, livestock, fur-bearing animals and their products, provided
that such waste is not a hazardous waste. The term includes the residual
materials generated in producing, harvesting and marketing of all
agronomic, horticultural, sivicultural and agricultural crops or commodities
grown on what are usually recognized and accepted as farms, forests
or other agricultural lands.
The Borough of Rankin, Allegheny County, Pennsylvania.
The private collection service provider under contract with
Rankin Borough to provide solid waste and bulk waste removal and disposal
services to dwellings in Rankin Borough.
Items that require special handling because of their size,
shape or weight so that they do not fit neatly in trash cans or trash
bags, including large household appliances such as dryers, washers,
stoves, dishwashers and refrigerators, large fixtures such as sinks
and bathtubs, large electronic devices such as auto parts, trees,
branches or stumps, plumbing fixtures, large crates, storage units,
and other similarly large, bulky items.
The roadside or curbside location adjacent to a dwelling
where that dwelling's solid waste containers containing that
dwelling's solid waste and/or bulk waste is to be placed for
weekly pickup by the Borough's collection service provider, or,
in the case of exempt dwellings and nonresidential buildings not serviced
by the Borough's collection service provider, such area designated
in the contract between owner and its hauler/private collector.
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.
The Pennsylvania Department of Environmental Protection (f/k/a
Pennsylvania Department of Environmental Resources), and its authorized
representatives, successors or assigns.
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.
Solid waste, comprised of garbage and/or rubbish, which normally
originates in the dwelling or apartment house.
An individual residence, flat, apartment, live-work unit,
or other unit utilized by an individual, single family or single group
of cohabitating roommates for eating, sleeping and residential living,
or otherwise designed to be utilized for such purposes, but not presently
occupied, and shall include dwellings that are property tax exempt
contained in housing projects owned and/or operated by the state,
county, or a governmental authority or local governmental authority.
Any privately owned apartment building or collection of dwellings
in an affordable housing plan that has the following characteristics:
The private owner receives or is contracted to receive a government
subsidy, government subsidies and/or property tax abatements or reductions
to provide affordable housing dwellings to limited income individuals;
The apartment or affordable housing plan contains 35 or more
affordable housing units all having the same owner and all located
on one parcel of land or on one or more adjacent parcels of land;
and
The apartment or affordable housing plan is not exempt from
property taxes and/or owned or operated by any state or county housing
authority or other government entity.
All animal and vegetable matter and refuse resulting from
the storage, handling, preparation and consumption of food, which
normally originates in the dwelling or apartment house.
Any person that has been licensed by the Allegheny County
Department of Health and permitted by the Department, pursuant to
Act 97, and licensed by the Borough, which collects, transports and
disposes of refuse for a fee.
Any written authorization or approval issued by the Borough
which permits any person, firm, copartnership, association or corporation
to collect, transport, and/or dispose of garbage, rubbish or refuse
in or from the Borough.
Liquids, poisons, acids, caustics, explosives, gasses, e-waste,
televisions, computers and other hazardous materials or hazardous
waste that cannot be adequately or safely handled or disposed of by
the Borough's collection service provider or that must be specially
contained or disposed of by special means other than the Borough's
collection service provider in accordance with applicable state, federal
or local hazardous waste or hazardous material-related laws and regulations.
All buildings not containing dwellings as defined herein.
A building may be part residential and part nonresidential for purposes
of this Part where it contains a mix of dwellings and non-dwelling
units. Hotels and motels are designated as nonresidential buildings
for purposes of this Part.
The person(s) or entity(ies) holding legal title to a dwelling
or to exempt dwellings.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, state institution and agency, or any other
legal entity which is recognized by law as the subject of rights and
duties. In any provisions of this Part 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.
All solid waste materials which are discarded as useless.
Primarily household refuse, and shall be further defined
to include discarded ashes, paper, plastic, containers, tin cans,
bottles, clothing, rags, cloth, leather, rubber, metal foils, bottles,
crockery, glass, glassware, and earthenware, pots and pans, and other,
similar items of the type typically utilized by and disposed of from
time to time by a dwelling owner or resident.
All solid waste generated by a dwelling that is solid in
nature (as opposed to liquid waste). The term "solid waste" includes
and encompasses garbage, rubbish, refuse, domestic or household waste,
and yard waste. The definition of solid waste may be expanded by the
Borough's collection service provider as it may deem proper.
Such garbage cans, containers, bags or other receptacles,
as approved by the Borough's collection service provider, used
to store solid waste for ultimate pickup and disposal by the Borough's
collection service provider, or such receptacles specified in the
contract between an exempt dwellings or nonresidential building owner
and hauler/private collector.
Any person or persons, other than the owner, occupying or
in possession of a dwelling.
Vegetative matter resulting from landscaping, maintenance,
including accumulation of lawn, grass, shrubbery cuttings or clippings
and dry leaf rakings, palm fronds, tree branches, bushes and shrubs,
green leaf cuttings, fruits, or other matter usually created as refuse
in the care of lawns and yards.
[Ord. 508, 5/9/2017]
1.
It shall be unlawful for any person to accumulate or permit to accumulate
upon any public or private property within the Borough, any solid
waste, bulk waste, construction demolition waste, agricultural waste,
or any other type of waste covered by Act 97 except in accordance
with the provisions of this Part, any relevant Department rules and
regulations adopted pursuant to Act 97, and/or the Health Department
Rules and Regulations, Article VIII, which shall be kept on file in
the Borough Offices.
2.
It shall be unlawful for any person to burn any solid waste within
the Borough except in accordance with the provisions of this Part,
any Department rules and regulations adopted pursuant to Act 97, and/or
the Health Department Rules and Regulations, Article VIII.
3.
It shall be unlawful for any person to dispose of any solid waste
within the Borough except in accordance with the provisions of this
Part, any Department rules and regulations adopted pursuant to Act
97, and/or the Health Department Rules and Regulations, Article VIII.
4.
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 from the Allegheny
County Health Department and the Borough.
5.
It shall be unlawful for any person to salvage or reclaim any solid
waste 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.
[Ord. 508, 5/9/2017]
1.
Tenants and all owners of dwellings shall each be individually, jointly
and severally responsible for:
A.
Placing solid waste for their owned or leased dwelling unit at the
collection point as scheduled, in solid waste receptacles of the type
and quality required by the Borough's collection service provider.
To the extent the municipal collection service provider provides for
methods or procedures for bundling and securing certain solid waste
items, such as yard waste, newspapers or magazines, other than through
the utilization of a solid waste receptacle, said alternative method
shall be utilized in a manner that insures that the items are bundled
and secured so that no part thereof will become loose or drift, blow
or wash away.
B.
Insuring that such solid waste receptacles, in addition to meeting
the requirements of the Borough's collection service provider,
shall be watertight and properly sealed in a manner that prevents
any leakage, spillage, rain infiltration, animal intrusion or fly
infestation.
2.
No solid waste shall be placed for collection unless it is placed
in a solid waste receptacle or bundled and secured as provided for
in this Part.
3.
The storage of all solid waste by all persons in the Borough, including
tenants and owners of dwellings, exempt dwellings, and nonresidential
buildings shall be practiced so as to prevent the attraction, harborage
or breeding of insects or rodents, to eliminate conditions harmful
to public health or which create safety hazards, odors, unsightliness
or public nuisances, and to insure that sufficient numbers of appropriate
containers are utilized to store all solid waste generated during
periods between regularly scheduled collections and that all solid
waste are placed and stored therein.
[Ord. 508, 5/9/2017]
1.
The Borough shall provide or may contract to provide for the collection
of solid waste from all dwellings in the Borough, except for dwellings
that qualify as exempt dwellings that do not opt into the Borough's
collection service and contract with a private collector/hauler directly.
2.
All dwellings in the Borough shall utilize and be subject to the
Borough's provided collection service for the collection and
disposal of solid waste.
3.
The owner of an exempt dwellings not opting into the Borough's
collection service, and the owner of a nonresidential building shall
be exempt from utilizing the Borough's provided collection service,
shall not be responsible for paying the Borough's collection
service fee, and instead shall be responsible for contacting directly
with a collection service provider of the owner's choice. A hauler
contracting with an exempt dwellings or nonresidential building owner
shall be responsible for the collection of any collection and disposal
fees from the exempt dwelling or nonresidential building owner and
the Borough shall, under no condition, have any liability, financial
or otherwise to either the owner or the hauler.
4.
The owner of exempt dwellings not opting into the Borough's
collection service, or the owner of a nonresidential building, shall
submit a registration form to the Borough, to be kept on file in the
Borough Office, confirming that the owner has made adequate and appropriate
contractual arrangements with a private collection service.
A.
The registration
form shall require that the owner provide to the Borough:
(1)
A copy of the contract with the private collection provider;
(2)
Language in the contract indicating or confirming that solid waste
will be collected at least once per week, or more than once a week
if necessary to prevent the attraction, harborage or breeding of insects
or rodents, to eliminate conditions harmful to public health or which
create safety hazards, odors, unsightliness or public nuisances;
(3)
Language in the contract indicating or confirming to the Borough's
satisfaction, that the services to be provided will include the safe,
adequate and sanitary securing, storage, placing and disposing of
solid waste and bulk waste generally; and
(4)
A copy of any and all licenses and/or permits issued as required
by Act 97, and any other applicable law, to provide the contracted
for services.
B.
The Borough
shall provide the owner of the exempt dwellings with written confirmation
within 10 days of receipt of the registration form and attachments
thereto that the registration form was received and includes all the
aforementioned required information. Failure to provide the Borough
with the required registration information prior to the commencement
of private collection services shall constitute a violation of this
Part.
5.
The owner of exempt dwellings may seek from the Borough permission
to opt into the Borough's collection service by providing written
confirmation to the Borough of the desire to opt into the Borough's
collection service at least 30 days prior to the Borough's soliciting
bids for a new Borough collection service contract so that the Borough
can include the opt-in dwellings in the contract bid request documents.
Once an exempt dwellings owner opts into the Borough's collection
service, it must remain part of the Borough's collection service
until the end of the Borough's collection service contract with
the Borough's collection service provider/hauler. During the
time period(s) during which exempt dwellings are opted into the Borough's
collection service, they will be considered dwellings for purposes
of this Part.
6.
All haulers operating within the Borough shall comply with the following
standards and regulations:
A.
All solid waste and bulk waste collected within the Borough shall
ultimately be disposed of only at a landfill having all necessary
permits and/or licenses required by Act 97, the Department, and/or
any and all other governmental departments or agencies in order for
the landfill to legally operate and dispose of the solid waste to
be deposited there originating from the Borough, in accordance with
all applicable laws of the Commonwealth of Pennsylvania.
B.
Any trucks or other vehicles used for collection and transportation
of solid waste must comply with the requirements of Act 97, the Pennsylvania
Waste Transportation Safety Act of 2002 (P.L. 569, No. 90, June 29,
2002) ("Act 90"), and any Department regulations adopted pursuant
to Acts 90 and 97 and must be licensed by the Allegheny County Health
Department.
C.
All collection vehicles conveying solid waste shall be watertight
and suitably enclosed to prevent leakage, road or roadside littering,
attraction of vectors, the creation of odors or other nuisances and
shall be operated and maintained in a clean and sanitary condition.
[Ord. 508, 5/9/2017]
1.
The governing body of the Borough shall be authorized to make funds
available, in accordance with the laws and procedures of the Borough,
for the establishment, maintenance and operation of its dwelling solid
waste and bulk waste collection and disposal program and to assess
such municipal fees or charges as it deems necessary to fund the operation
of the program and to seek and enter into such contract or contracts
with a hauler or haulers as the governing body of the Borough deems
necessary and proper to carry out the program in accordance with the
requirements of Act 97, this Part, and other applicable laws. Municipal
fees and/or charges to be assessed by the Borough relating to this
Part shall be set by resolution of the Borough's governing body
and no fee ordinance shall be necessary.
2.
The governing body of the Borough may engage such consultants or
agents as it deems appropriate to provide advice concerning the Borough's
collection service and/or to facilitate obtaining bids, including
electronic bids or electronic reverse auction bids from haulers interested
in becoming the Borough's collection service provider, including
consultants and agents providing electronic and computer equipment
and support services required to facilitate electronic bidding and
electronic auctions pursuant to the Pennsylvania Local Government
Unit Electronic Bidding Act [Act 2006-88 (H.B. 2441), P.L. 600, § 2,
approved July 7, 2006, and any amendments thereto].
[Ord. 508, 5/9/2017]
1.
The Borough and/or the Borough's collection service provider
shall establish a schedule that will provide to dwelling owners and
tenants details concerning the collection routes and the times and
dates for the pickup of solid waste and bulk waste from all dwellings
within the Borough. The schedule will be available to all dwelling
owners and tenants from the office of the Borough Secretary.
2.
Collection pickup points will be the curb fronts along the routes
of collection and the routes of collection will be along such streets,
alleys and rights-of-way as from time to time indicated by the Borough
and/or the Borough's collection service provider.
[Ord. 508, 5/9/2017]
1.
Tenants and all owners of dwellings shall be jointly and severally
responsible for insuring:
A.
That the dwelling's solid waste receptacles and bundled solid
waste are not placed at collection points earlier than 6:00 p.m. on
the day prior to scheduled collection.
B.
That solid waste receptacles are removed from the collection points
by no later than 9:00 p.m. on the day of collection.
C.
That solid waste receptacles and bundled solid waste are never placed
on sidewalks, curb sides or public walkways except when being placed
at or removed from collection points in strict compliance with Subsection
1A and B of this section.
D.
That solid waste receptacles and bundled solid waste are never placed
on a public road or street.
E.
That solid waste receptacles and bundled solid waste shall are placed
at collection points adjacent to the dwelling for which the solid
waste receptacles are utilized and the bundled solid waste was generated
and that the solid waste receptacles and bundles are located at all
times in such a manner so as to not interfere with the use of sidewalks,
walkways and driveways for their intended purposes.
[Ord. 508, 5/9/2017]
1.
It shall be unlawful for any person to deposit for collection any
solid waste or bulk waste not produced at the address from which collection
is made or to bring any solid waste or bulk waste into the Borough
or move solid waste or bulk waste form one address to another in the
Borough for the purpose of taking advantage of the collection services
provided by the Borough's collection service provider.
2.
It shall also be unlawful for any owner or tenant of a dwelling to
deposit solid waste or bulk waste items which were produced by any
professional or business enterprise engaged in by the owner or tenant.
3.
It shall be unlawful to place for collection liquid waste or any
of the materials defined herein as noncollectible waste.
4.
It shall be unlawful to store any solid waste or liquid waste in
a manner that allows offensive or obnoxious odors to travel to neighboring
dwellings or public areas.
5.
Bulk waste shall be collected from dwellings subject to the schedule,
conditions and limitations placed on such collection by the Borough's
collection service provider.
6.
It shall be unlawful for any person other than the Borough's
collection service provider to collect and transport any solid waste
or bulk waste generated from dwellings within the Borough, except
as follows:
A.
Solid waste and bulk waste and/or construction demolition waste generated
in connection with a construction, remodeling or demolition project,
in which case such solid waste, bulk waste and construction demolition
waste shall be removed from a dwelling by a licensed contractor as
an incidental part of the total construction, remodeling, or demolition
service offered by that contractor; or
B.
Solid waste, bulk waste and/or construction demolition waste generated
in connection with a construction, remodeling or demolition project
that is directly loaded onto a fixed body vehicle and hauled directly
to a disposal facility that holds all applicable permits.
[Ord. 508, 5/9/2017]
Any person violating this Part shall, upon conviction before
the Magistrate or Justice of Peace, pay a fine not to exceed $600,
plus court costs. Each day of violation of any of the provisions of
this Part shall constitute a separate offense.
[Ord. 508, 5/9/2017]
All Borough ordinances or part of any ordinances are hereby
repealed, to the extent it/they is/are in conflict with any of the
provisions of this Part, to the extent required to remedy such conflict.
Further, if any part of this Part is held to be illegal, unenforceable,
or unconstitutional, then the remaining parts or provisions of this
Part shall remain in full force and effect.
[Ord. 508, 5/9/2017]
This Part shall take effect starting on September 1, 2017.
