Borough of Rankin, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 508, 5/9/2017]
For purposes of this Part, the following words are defined as follows:
ACT 97
The Pennsylvania Solid Waste Management Act, Act 1980-97, enacted July 7, 1980, and any amendments thereto.
AGRICULTURAL WASTE
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.
BOROUGH
The Borough of Rankin, Allegheny County, Pennsylvania.
BOROUGH'S COLLECTION SERVICE PROVIDER
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.
BULK WASTE
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.
COLLECTION POINT
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.
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.
DEPARTMENT
The Pennsylvania Department of Environmental Protection (f/k/a Pennsylvania Department of Environmental Resources), and its authorized representatives, successors or assigns.
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/or rubbish, which normally originates in the dwelling or apartment house.
DWELLING
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.
EXEMPT DWELLINGS
Any privately owned apartment building or collection of dwellings in an affordable housing plan that has the following characteristics:
1. 
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;
2. 
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
3. 
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.
GARBAGE
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.
HAULER or PRIVATE COLLECTOR
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.
LICENSE
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.
NONCOLLECTIBLE WASTE
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.
NONRESIDENTIAL BUILDING
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.
OWNER
The person(s) or entity(ies) holding legal title to a dwelling or to exempt dwellings.
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 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.
REFUSE
All solid waste materials which are discarded as useless.
RUBBISH
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.
SOLID WASTE
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.
SOLID WASTE RECEPTACLES
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.
TENANT
Any person or persons, other than the owner, occupying or in possession of a dwelling.
YARD WASTE
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.