This chapter shall be known and referred to
as the "Solid Waste Ordinance."
[Amended 8-12-2019 by Ord. No. 405; 6-8-2020 by Ord. No. 411]
A.
ACT or ACT 97
AGRICULTURAL WASTE
ASHES
BULKY WASTE
COMMERCIAL ESTABLISHMENT
COMPOST, RESIDENTIAL
CONSTRUCTION DEMOLITION WASTE
DEP/DEPARTMENT
DISPOSAL
DOMESTIC WASTE or HOUSEHOLD WASTE
DUMPSTER
GARBAGE
HAULER or PRIVATE COLLECTOR
HAZARDOUS WASTE
(1)
(2)
INDUSTRIAL ESTABLISHMENT
INSTITUTIONAL ESTABLISHMENT
MUNICIPAL WASTE
MUNICIPALITY
PERSON
PROCESSING
REFUSE
RESIDUAL WASTE
RUBBISH
SCAVENGING
SEWAGE TREATMENT RESIDUES
SOLID WASTE
SOURCE SEPARATED RECYCLABLE MATERIALS
STORAGE
TEMPORARY DUMPSTER
TRANSFER STATION
TRANSPORATION
YARD 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:
The Pennsylvania Solid Waste Management Act of 1980, 35 P.S.
§ 6018.101 et seq.
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.
Any and all residue from the burning of coal, coke, wood
or other combustible material.
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.
Any establishment engaged in nonmanufacturing or nonprocessing
business including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theaters.
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.
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.
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 rubbish, which normally
originates in the residential private household or apartment house.
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.
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.
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.
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:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
Any establishment engaged in manufacturing or processing
including, but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
Any establishment engaged in service including, but not limited
to, hospitals, nursing homes, orphanages, schools and universities.
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.
The Borough of Rosslyn Farms, Allegheny County, Pennsylvania.
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.
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.
All solid waste materials which are discarded as useless.
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.
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.
The unauthorized and uncontrolled removal of material placed
for collection or from a solid waste processing or disposal facility.
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.
Any waste including, but not limited to, municipal, residual
or hazardous wastes, including solid, liquid, semisolid or contained
gaseous material.
Those materials separated at the point of origin for the
purpose of being recycled.
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.
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.
Any supplemental transportation facility used as an adjunct
to solid waste route collection vehicles.
The off-site removal of any solid waste at any time after
generation.
Leaves, grass cuttings, weeds, garden waste, tree limbs,
and other vegetative wastes generated at residential, commercial,
or industrial properties.
B.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Amended 8-12-2019 by Ord. No. 405; 6-8-2020 by Ord. No. 411]
A.
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.
B.
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.
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,
any Department rules and regulations adopted pursuant to Act 97 and
the Health Department Rules and Regulations, Article VIII.
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 first securing a license to do so in accordance with
the provisions of this chapter.
E.
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.
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 Act 97 and any Department rules and regulations
adopted pursuant to Act 97.
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
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.
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 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.
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 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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
[Added 8-12-2019 by Ord. No. 405[1]]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Residential collection schedules shall be published
regularly by the Borough or its contracted hauler.
G.
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.
H.
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.
A.
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.
B.
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.
A.
All appeals shall be made in writing to the Borough
Council of the Borough of Rosslyn Farms.
B.
Pending a reversal or modification, all decisions
of the Borough 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.
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.
[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.
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.