ORDINANCE NO. 421 AN ORDINANCE RELATING TO SANITATION AND THE PROMOTION OF PUBLIC HEALTH AND SAFETY: REGULATING THE COLLECTION, REMOVAL, AND DISPOSAL OF GARBAGE, RUBBISH, ASHES AND REFUSE AND PROVIDING FOR THE AWARD FROM TIME TO TIME OF A CONTRACT FOR THE COLLECTION, REMOVAL AND DISPOSAL THEREOF; AUTHORIZING THE BOROUGH COUNCIL TO MAKE ADDITIONAL REGULATIONS RELATING THERETO; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES INCONSISTENT HEREWITH AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. BE IT ORDAINED AND ENACTED by the Council of the Borough of Meyersdale, and it is hereby ordained and enacted by the authority of the same as follows: Section 1. The following words and terms as used in this Ordinance shall have the meaning herein described thereto, unless the context clearly indicates a different meaning: Ashes - shall mean the residue resulting from the burning of wood, coal, coke or other combustible materials. Borough shall mean Borough of Meyersdale, Somerset County, Pennsylvania. Bulky Waste Means large items of refuse including, but not limited to, appliances, furniture, large auto parts, trees, branches and stumps. Collector shall mean the person to whom the Borough has awarded the contract to collect, remove and dispose of refuse under the provisions of this Ordinance and the persons employed by him for said purpose. Commercial Waste means all solid waste emanating from establishments engaged in business. This category includes, but is not limited to, solid waste originating in stores, markets, office buildings, restaurants, shopping centers and theaters. Construction and Demolition Waste means waste that results from new construction, remodeling or destruction of a structure. This includes, but is not limited to wood, insulation, electrical wiring, plumbing waste, rebar, concrete, bricks, glass, debris, fire waste or debris. 25 Pa. Code 271.1 defines Solid waste as resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances,! 1
bricks, block and un-segregated concrete. The term does not include the following if they are separate from other waste and are used as clean fill: (i) Uncontaminated soil, rock, stone, gravel, brick and block, concrete and used asphalt. (ii) Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material. Domestic Waste or Household Waste means solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house. Garbage shall mean all animal and vegetable wastes resulting from the handling, preparation, cooking or consumption of food. Hauler any person, firm, co-partnership, association or corporation who has been licensed pursuant to law to collect, transport, and dispose of refuse for a fee as herein prescribed. Hazardous Waste means solid waste with certain inherent dangers. This category includes, but is not limited to, chemicals, explosives, pathological wastes and radioactive materials. Industrial Waste means all solid waste resulting from manufacturing and industrial processes such as those carried on in factories, processing plants, refineries, slaughter houses and steel mills. Person shall include and natural person, association, partnership, firm, corporation or other organization. Refuse means all materials which are discharged as useless. Residential Unit shall mean the residence of each separate residential customer, including each apartment in an apartment building. Rubbish means all solid 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 (which shall include grass, weeds, and tree and bush trimmings). Seasonal Residence means any dwelling occupied less than one hundred eighty (180) days of the year. Solid Waste means garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural and residential activities.! 2
Transfer means the movement, displacement, handling, or any type of activity that causes or would cause a any type of waste to be conveyed from a waste dumpster, roll-off, vehicle picking up and or transporting waste to another container, dumpster, roll-off, or vehicle hauling, picking up or transporting waste. This excludes the initial pick of waste from a dumpster into a leach bed truck by mechanical methods. Transfer facility A facility which receives and processes or temporarily stores municipal or residual waste at a location other than the generation site, and which facilitates the transportation or transfer of municipal or residual waste to a processing or disposal facility. The term includes a facility that uses a method or technology to convert part or all of the waste materials for offsite reuse. The term does not include a collecting or processing center that is only for source-separated recyclable materials, including clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper and plastics. In this ordinance, the singular shall include the plural and the masculine shall include the feminine and neuter. Section 2. The supervision of the collection, removal and disposal of garbage, ashes and rubbish and the fixing and collecting of rates/charges shall belong to the Meyersdale Borough Council. Council is hereby vested with full authority to make all necessary rules and regulations not contrary to law and in conformity with this ordinance, as they shall from time to time deem advisable to accomplish the end and purposes of this ordinance. The collection of charges may be delegated to the collector if said Borough determines this is most beneficial to Meyersdale Borough. Section 3. The Borough Council shall prepare specifications for bidding for the contract covering the collection, removal and disposal of garbage, ashes and rubbish, and shall advertise for bids, giving such notice as they deem adequate for the purpose and reserving the right to reject any and all bids, and shall award the contract for the exclusive right to collect garbage, ashes and rubbish in the Borough of Meyersdale from time to time for such period of time as shall be determined by the Borough Council to a responsible bidder. Such contract shall regulate and fix, in a manner not inconsistent with the terms of this Ordinance, as Council shall direct, the manner, method and time of collecting and conveying garbage, ashes and rubbish. The person to whom such contract shall be awarded, shall before undertaking any of his duties thereunder, give such bond or bonds to the Borough in the sum and with such security as the Borough Council shall require, conditioned for the faithful compliance with the terms of the contract. Section 4.! 3
This Ordinance includes both the exclusive rights to business-size dumpsters (2, 4, 6, 8 cubic yard) and to roll off dumpsters (10, 15, and 30 cubic yard). This Ordinance does not include exclusive rights for the removal of Industrial, Construction and Demolition waste. Business s/contractors/residents who are responsible for the removal of these wastes may purchase whatever removal services provided the vendor is licensed to haul said waste. Section 5. Every person producing any garbage, ashes or rubbish within the Borough, whether as landowner or as householder or as commercial or business establishment, shall utilize the collector for the collection, removal and disposal of said garbage, ashes or rubbish, and shall not remove or dispose of the same, except the collector as defined in the Ordinance. Every such person shall provide a 32 gallon or less water-tight metal and/or plastic container/receptacle in which garbage and food tins or containers shall be deposited and a separate container or receptacle for ashes and rubbish. The receptacle for garbage and food tins or containers shall have a tight fitted lid with a handle and shall be provided with a handle or handles so that the same may be carried or transported. The Borough Council, by its rules and regulations, shall designate the type of receptacle container or other facilities to be used for the storage of ashes and rubbish pending collection thereof. The use of 32 gallon or less water soluble garbage bags is permissible provided they are securely closed. Section 6. All rates and charges for the collection and removal of garbage, ashes and rubbish may be collected by the Borough or the Collector as determined by the Borough Council. If the Borough collects such charges: All bills and statements for such charges shall be prepared and mailed or otherwise be distributed to all persons producing garbage, ashes and rubbish in the Borough in such forms as approved by the Borough. If payment of such charges is not made within thirty (30) days following the date of such bill or statement, a penalty of ten percent (10%) of the total charges for such services shall be added thereto. The Borough shall have the right to proceed for the collection of such unpaid charges by an action in assumpsit, by municipal lien, or at the election of the Borough, in any other manner provided by law for the collection of a municipal claim, or such other remedies as allowed by law. If the Collector is delegated the collection of such charges: All bills and statements for such charges shall be prepared and mailed or otherwise be distributed to all persons producing garbage, ashes and rubbish in the Borough in such forms as approved by the Borough. The Collector assumes all responsibilities for billing, receiving of payments and handling of late/non! 4
payments. The Collector may not terminate refuse services to individual, residential or commercial persons for late/non payment. Section 7. A. Exonerations: Any dwelling unit which is totally unoccupied and which generates no refuse for an entire calendar year shall be exonerated from the charges herein levied. Such exoneration shall be made only after the owner has filed an affidavit certifying to such vacancy on a form provided by the Borough. No such exoneration shall be made on the basis of vacancies of less than or other than the entire calendar year. B. The fees for collection and disposal of refuse from private residents for purposes of this Ordinance are established by the Borough Council and monthly rates are listed in the Contract Agreement. C. The fees set for non-residential refuse shall be paid monthly by the owner, tenant, lessee, or occupant of the establishment but shall be the ultimate responsibility of the property owner. Should the property change ownership, unsettled charges shall become the responsibility of the new owner. In addition, the actual occupant of any such premises shall be responsible for the payment of fees as herein provided, and the Borough may require payment from either the owner, the occupant, or any other person producing refuse or responsible for the existence or disposal thereof or for whom such refuse is removed. No agreement between an owner and occupant or any other person shall relieve the owner of any premises from liability from payments as set forth herein. When premises are vacated or a change in ownership is made, the Borough owner or grantor must give notice in writing of the same to the Borough at the municipal building. Until such notice is properly given, the owner or grantor shall be responsible for all charges. Owners desiring an abatement of charges during a temporary vacancy shall also report the same in writing to the Borough at the municipal building. All such temporary vacancies shall date from the day when proper notice is given to the Borough and an allowance in charges shall be made for the period of such temporary vacancy, but in no event for a period of less than three (3) months. D. For commercial establishments, boarding houses, foster homes, hotels, restaurants, stores, markets, wholesale produce businesses, and similar businesses, the fee for service is established by the Borough Council and monthly rates are listed in the Contract Agreement.! 5
Section 8. A. The collector shall equip his residence or place of business with a telephone and maintain such telephone in service during the period of this contract. B. The collector shall have sufficient employees at all times in order to render adequate service and shall keep and maintain all trucks in good repair and condition. All trucks must be maintained in a clean and sanitary condition and constructed and equipped as to meet all requirements of the Pennsylvania Solid Waste Management Act and other laws and regulations of the Commonwealth and Federal Government pertaining thereto. Trucks may be inspected at any time by the Council or their representative. The collector shall maintain his equipment in such condition as to be able to maintain his collection schedule and any deficiency must be corrected immediately by the collector. C. All practices, materials and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent Federal, State and/or local Safety or Environmental Codes. D. Without cost to the Borough, the collector shall collect, remove and dispose of garbage, ashes and rubbish from property owned or used by the Borough. E. The collector shall provide and shall have available the use of a properly licensed solid waste disposal facility or area to which he shall remove and transport all refuse collected within the Borough. Said disposal area shall be properly licensed and approved under the requirements of the Pennsylvania Solid Waste Management Act, and shall meet all other requirements of applicable Federal and State law, and if the collector is not the owner thereof, said collector shall submit to the Borough evidence of his right to use said area for at least as long a period of time as the term of the contract. F. Promptly after the award of the contract, the collector shall furnish the Borough Council with a collection schedule for the collection of refuse within the borough. Any changes to said schedule shall also be promptly furnished to the Council.! 6
G. The collector shall indemnify and save harmless the Borough of and from all liability or loss resulting or arising out of or from the collection, removal and disposal of refuse and the operation, maintenance or use of the collector s disposal area. H. The collector shall, at his own expense, obtain and keep in force during the continuation of his contract with the Borough, a policy or policies of insurance insuring himself, his agents, servants and employees against all liability arising out of the collection, removal and disposal of refuse and the ownership, maintenance or use of any disposal area provided or used by the collector, with limits approved by the Borough. The collector shall cause a certificate to be issued to the Borough showing that such policy or policies are in full force and effect. All policies shall name Meyersdale Borough, its officers, agents, and employees as additional insurers. This coverage shall be reflected on the Certificates of Insurance. I. The collector shall be deemed an independent contractor and shall comply with the Workmens Compensation Laws of the Commonwealth of Pennsylvania and will, at his own expense, procure such compensation insurance as shall be necessary and adequate to cover and protect all his employees engaged in the collection, removal and disposal of refuse. A certificate shall be issued to the Borough showing that such policy or policies are in full force and effect. J. Every bidder for the exclusive right to collect refuse within said Borough and to remove and dispose of the same and to bill and collect fees shall state in his bid the maximum amount to be charged for collection as herein above specified in this Ordinance. K. The successful bidder shall, upon notification by the Borough that the contract has been awarded to him, and prior to entering upon his duties hereunder, enter into a written contract prepared by the Borough Council, which contract shall provide for the collection and removal of refuse in accordance with the terms of this Ordinance, for a period of three (3) years or for such further period as the Council may specify, all of which contracts shall include the conditions and terms contained herein and in the specifications.! 7
L. After notification by the Borough that the contract has been awarded to him, and prior to beginning work under said contract, the successful bidder shall furnish to the said Borough a bond in an amount approved by the Borough with a corporate surety to be approved by the Borough Council, guaranteeing the performance of the contract which bond shall be maintained and kept in force by the collector throughout the term of the contract. M. The said contract shall not be transferred, set-over or assigned by the collector without the prior written consent of Council first had and obtained. N. For any service rendered by the collector for which no price or rate is provided in this Ordinance or in specifications adopted pursuant hereto, or in the event of inability of the person to whom such services are rendered and the collector to agree on a proper charge or rate for collection, the Council shall have the right to decide such rate and their decision shall be final, subject, however, to appeal by any party as provided by law. O. In the event the collector fails to comply and conform with the terms of the contract, specifications and this Ordinance and rules and regulations made hereunder, the Council shall have the right, in addition to any other remedy, to revoke, cancel and terminate the contract and to take whatever other procedures may be deemed necessary and desirable by the Council under law; and thereupon to collect the garbage, ashes and other refuse in such other manner as the Council may, in their judgment, deem advisable, and in such event to charge the cost of collection against the collector and to deduct the cost thereof from any moneys due and owing; or to sue the collector for said costs by a suit in assumpsit, if necessary. In addition to the foregoing, in the event of such a default by the collector, said collector shall make available to the Borough, upon the Borough s request, all equipment and the disposal area used by the collector for such purposes for a reasonable length of time to enable the Council to make other arrangements for the collection of the same so as to protect the public health. During such time, the Borough shall not be liable to the collector for the use of said equipment and disposal area and the Borough shall be entitled to all charges or fees from the person(s) to whom service is rendered during this period. P. The Collector may not transfer any waste in the Borough from any vehicle or any container, dumpster, roll off etc. to another vehicle or any container, dumpster, roll off! 8
etc. This specifically includes the transfer of waste collected by one vehicle and then conveyed to another or any vehicle or container, dumpster, roll off etc This does not include the initial transfer of waste from a waste container possessed by the customer to a leach bed truck of the Collector. Section 9. It shall be unlawful so as to constitute a nuisance for any person in control of premises within the Borough to accumulate or to permit the accumulation of garbage, ashes or rubbish on private or public property in said Borough, except for such limited time as shall be necessary for the disposal of same in compliance with this Ordinance, and it shall be unlawful for any person, except the collector to collect or remove any garbage, ashes or rubbish from such premises; and it shall be unlawful for any person to dump, bury or permit the dumping, burying or burning of any garbage, refuse, rubbish and solid waste upon any ground or within any building within the Borough. Section 10. It shall be unlawful for any person to throw or deposit any refuse on any street, alley, way, thoroughfare or public ground, or in any of the waters or streams in the Borough. Section 11. The provisions of this Ordinance shall not apply to any employee of the Borough engaged in the performance of his duties. Section 12. The collection of garbage, rubbish, bulky waste or other refuse material in the Borough and the disposal thereof shall be subject to such reasonable rules and regulations as may from time to time be promulgated by the Borough, provided, however, that all such rules and regulations shall not be contrary to the provisions of this Ordinance. Section 13. A. Any person violating the provisions of this Ordinance shall, upon conviction in a summary proceeding before a Justice of the Peace or Magistrate, be sentenced to pay a fine as allowed by law, and in default of payment thereof shall be imprisoned in the county jail for a period as allowed by law, or such other penalties may be prescribed as allowed by law. Each day s continuance of the violation of this Ordinance shall constitute a separate offense. B. Any person who violates any of the provisions of this Ordinance shall be deemed to be guilty of maintaining a nuisance and shall be subject to the penalties provided for! 9
in this Ordinance and, in addition, the Borough shall be authorized to pursue any other remedies it may have in law or in equity. Section 14. If any sentence, clause or section or part of this Ordinance is for any reason found to be unconstitutional or otherwise illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses or sections or parts of this Ordinance. It is hereby declared as the intent of the Borough that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein. Section 15. All ordinances or parts of ordinances inconsistent herewith are hereby repealed, including, but not limited to, Ordinance No.318, Ordinance No. 318-A, Ordinance No. 318-B, Ordinance No. 318-C, Ordinance No. 342, and Ordinance No. 346, provided, however, that the provision of Ordinance No. 342, providing for a fifty (50%) percent increase in all sewer rates, hereby remains in full force and effect. Section 16. This Ordinance shall take effect immediately upon passage. ENACTED AND ORDAINED into law by the Borough of Meyersdale, Somerset County, Pennsylvania, this 13 th day of January, 2015. ATTEST: BOROUGH OF MEYERSDALE BY: (SEAL) Secretary President! 10
EXAMINED AND APPROVED by me this 13 th. day of January, 2015. Mayor! 11