[Adopted as Ord. No. 137-1989 (Ch. 15, Art. IV, of the 1979
Code]
[Amended by Ord. No. 177-1989; 88-1991]
As used in this article, the following terms
shall have the meanings indicated:
An emergency situation shall exist in the City only after
such is designated officially by the Mayor of the City. The Mayor
shall declare such an emergency situation in the event that the residents
of the City are unable to dispose of their junk, trash or garbage
at an approved landfill, junkyard, dump, incinerator or other approved
junk, trash or garbage disposal area or facility.
All animal and vegetable waste resulting from preparation,
cooking or consumption of foods. It shall also mean glass, metal,
paper, plastic, plant growth or other solid waste.
Includes scrap iron, scrap tin, scrap brass, scrap copper,
scrap lead or scrap zinc and all other scrap metals and their alloys
and bones, rags, paper, used cloth, used rubber, used rope, used tinfoil,
used bottles, old or used machinery, used tools, used appliances,
used plumbing, heating and other fixtures, used utensils, used lumber,
used boxes, or crates, used pipe or pipe fittings, used tires and
other manufactured goods that are so worn, deteriorated or obsolete
as to make them unusable in their existing condition, but are subject
to being dismantled.
A garbage or junk storage vehicle shall be defined as a vehicle
capable of movement on the subject real estate or any street or road
adjacent to such real estate and which has as its primary purpose
the storage, housing or containment of garbage or junk, and shall
include but not be limited to dump trucks, garbage trucks and open
tractor-trailers.
A liquid waste resulting from the interaction of water or
other liquids containing dissolved or other suspended solid matter
which is deleterious, injurious or hazardous to the general public,
the environment, rivers, streams, creeks, ditches, lakes, storm sewers,
watercourses or any other collection of water.
A stopping area for garbage or junk storage vehicles shall
be defined as an area of real estate on which garbage or junk storage
vehicles shall be allowed to park, stop or remain fully or partially
loaded with garbage or junk for a period in excess of 24 hours. Nothing
herein shall be construed to prevent the City from seeking to abate
a nuisance by any legal remedy, if a nuisance develops within 24 hours.
A temporary garbage or junk site shall be defined as an area
of real estate where garbage or junk shall be deposited and the owner
of the real estate intends to remove the junk from such real estate
to a permanent landfill, junkyard, dump, incinerator or other approved
junk, trash or garbage disposal area or facility.
Any property where solid waste (as defined by the applicable
Commonwealth of Pennsylvania rules and regulations) is stored temporarily
or transferred by vehicle storage container or any other means, except
that storage containers for the solid waste generated on a specific
site (i.e. trash cans and dumpsters) and solid waste on the immediate
property of its ultimate disposal (i.e. a properly permitted sanitary
landfill) shall not be considered a transfer station.
It shall be unlawful for any person or entity
to keep, maintain or allow any area of real estate within the City
to be used as a temporary garbage or junk site, transfer station or
sanitary landfill or a stopping area for garbage or junk storage which
garbage or junk is generated from a place other than the subject premises,
whether the same is contained within vehicles, trailers or containers
or not, unless a license is issued in accordance with this Article
or an emergency situation exists in the City for which an emergency
permit shall have been previously obtained as hereinafter provided.
[Amended by Ord. No. 177-1989]
A permit for a transfer station or sanitary
landfill or an emergency permit to keep, maintain or allow to exist
any temporary garbage or junk site or stopping area for garbage or
junk storage shall be granted only by the Zoning Enforcement Officer
of the City according to the standards and guidelines hereafter set
forth. Any such emergency permit shall be valid only during the existence
of the emergency situation. Every person or entity desiring to keep,
maintain or allow to exist any such transfer station, sanitary landfill,
temporary garbage or junk site or stopping area shall file with the
Zoning Enforcement Officer an application for a permit or an emergency
permit, as appropriate, which application shall contain:
A.
A description of the emergency situation, if applicable.
B.
A description of the real estate for which the permit
is desired, including the size of the area and proposed placement
of the site or stopping area(s).
C.
A description of the items of garbage or junk to be
allowed on the proposed temporary junk site or in the stopping area.
D.
An estimate of the time for which the permit would
be required.
E.
The name of the owners of the subject premises.
F.
The name of the owner of all premises adjoining the
premises.
G.
A description of the steps to be taken to ensure insect
and odor control and proper disposal of leachate.
H.
A description of fencing to control blowing litter
and prevent unauthorized access, particularly by children.
I.
A statement that such area proposed to be used as
a temporary emergency storage site, transfer station, sanitary landfill
or garbage stopping area is permitted under the applicable provisions
of the City Zoning Ordinance.
J.
A description of steps to be taken to ensure proper
drainage.
K.
A description of the background of the applicants
in managing a garbage or junk storage site, sanitary landfill, garbage
stopping area or transfer station or emergency storage area, including
the name, address and telephone numbers of at least three references.
L.
The provision to the City of an insurance policy,
wherein the City is listed as a co-insured sufficient to indemnify
and hold the City harmless from the liability of whatever nature in
the operation of the temporary, emergency garbage or junk storage
site; each applicant shall sign a hold harmless clause on the application
acknowledging his or her responsibility which clause shall be approved
by the Solicitor's Office of the City of Scranton.
M.
Each applicant shall produce a surety bond in favor
of the City, in an amount to be determined by the City taking into
consideration the size of the site, proposed use of the site, the
materials to be stored there, the length of time such materials are
stored, the likely costs of cleanup and disposal of garbage, refuse
or other waste, if deposited in violation of this Article or in violation
of federal or state law or regulations.
N.
The provision of evidence of compliance with all other
City licenses, permits or conditions required by other ordinances
of the City.
O.
Submission of evidence clearly showing compliance
with all applicable federal and state statutes or regulations governing
the storage, transportation, loading and unloading or disposal of
garbage, refuse or other waste.
P.
A description of steps to be taken to prevent the
storage, transportation or disposal of hazardous or infectious waste.
Q.
A description of the hours that the facility will
be open and the days of the week that the facility will operate, except
in accordance with the following hours and days:
|
Days
|
Hours
| |
|---|---|---|
|
Monday through Friday
|
7:00 a.m. to 5:00 p.m.
| |
|
Saturdays
|
7:00 a.m. to 12:00 p.m.
| |
|
Sundays and holidays
|
Closed
|
[Amended by Ord. No. 177-1989]
A.
Zoning Enforcement Officer.
(1)
The Zoning Enforcement Officer shall review the information
contained in the application and shall inspect the proposed site as
necessary, together with the City Engineer. The Zoning Enforcement
Officer may request additional information to ensure that the proposed
transfer station, sanitary landfill, garbage storage area or temporary
emergency storage area will be safely and properly administered. Upon
final approval of the permit, the applicant shall pay a permit fee
of $1,200 per year. A permit may be issued for a period of less then
one year, and the fee for a partial year permit shall be $100 per
month. A permit may be renewed upon the applicant providing clear
evidence to the City of his compliance with the provisions of this
Article and applicable federal and state statutes and regulations.
(2)
The Zoning Enforcement Officer is empowered to revoke
the permit if it appears that the facility is not being operated in
accordance with the provisions of this Article or state and federal
statutes and regulations.
B.
Appeal procedure.
(1)
Any person aggrieved by a revocation or denial of
a permit for any operation required to be licensed or regulated by
this Article shall have the right to appeal a determination by the
Zoning Enforcement Officer, in writing, to the Director of the Department
of Community Development, within 20 days of the notice issued thereof,
as of the date of such notice.
(2)
The Director shall schedule a hearing to be open to
the public (excepting conferences of counsel at sidebar) within 20
days, at which time evidence may be presented by any aggrieved person,
witnesses, City officials and documents may be received. The Director
shall be empowered to swear in witnesses at any such hearing and to
rule on the reception of relevant evidence. Each such hearing shall
be conducted under the provisions of the Local Agency Law, 2 Pa.C.S.A.
§ 105 et seq., and the practice and procedure shall follow
subject thereby to said statute § § 551 to 555.
A hearing shall be scheduled within 20 days of the notice of appeal
unless the matter is continued or postponed with consent of all parties.
(3)
Following a hearing, including continuances or postponements
as determined by the Director, the Director of Community Development
shall issue an adjudication, in writing, in accordance with 2 Pa.C.S.A.
§ 555, specifying his decision with findings of fact and
reasons for the adjudication, further advising of a right to appeal
the adjudication within 30 days of the date of the adjudication which
shall be served upon all parties or their counsel personally or by
mail. Such service by mail shall be by registered mail if a party
is unrepresented by counsel. The Director shall issue his adjudication
within 20 days from the date of the hearing or the date that the hearing
was concluded if a hearing was held on more than one day.
(4)
Any person aggrieved by the adjudication of the Director
of Community Development may appeal such adjudication within 30 days
of the date such adjudication was made, to the Court of Common Pleas
of Lackawanna County, in accordance with the provisions of the Local
Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A § 105.
A.
Purpose. All sanitary landfills, transfer stations,
garbage or junk storage areas or emergency storage areas shall meet
the following performance standards in order to preserve the public
health, secure the public safety and general welfare of the residents
of the City and avoid the creation of nuisances.
B.
Performance standards. Performance standards shall
be:
(1)
To ensure accountability for the safe and lawful operation
of any licensed site, the identity of the operators or owners and
their address must be provided to the Department of Community Development.
(2)
To protect the City from liability for accidents or
failure to safely or properly operate the licensed site, evidence
of sufficient insurance and a surety bond must be provided and a hold
harmless agreement executed by any permittee.
(3)
To avoid the creation of an attractive nuisance, and
prevent the blowing of litter off of the site of any permitted operation,
appropriate fencing must enclose any licensed site.
(4)
To avoid the spread of disease, insects, rodents and
other vectors shall be strictly controlled, and no ponds or pools
of water will be permitted. The presence of such vectors or accumulations
of water shall be grounds for revocation of a permit or for citation
for violation of this Article.
(5)
To avoid the creation of nuisances, no odor of garbage
shall be permitted to be emitted from the premises of a licensed site,
nor shall noise be excessive.
(6)
To ensure compliance with public policy, each permittee
shall strictly comply with all federal laws and regulations and with
laws and regulations of the Commonwealth of Pennsylvania, as well
as with all ordinances, regulations and permits of the City of Scranton.
(7)
To avoid the problem of excessive water runoff and
disputes or litigation arising therefrom, an appropriate system of
drainage shall be provided at each permitted site.
(8)
To prevent pollution of the surrounding area, leachate
shall be properly and safely collected, and disposed of in accordance
with all applicable federal and state laws and regulations, as well
as any local regulations or ordinances.
(9)
To avoid a threat to the public health, no hazardous
waste or infectious waste shall be permitted on any permitted site
unless such wastes are specifically allowed under permits issued by
both the United States Government and the Commonwealth of Pennsylvania;
there is strict compliance with all applicable federal, state and
City laws, ordinances and regulations; and such wastes are constantly
held in appropriate closed containers so that there is no spill, leakage
or other discharge into the ground, water or air surrounding the site.
(10)
To ensure compliance with these performance
standards and with all City ordinances, regulations and permits, the
permittees of any permitted site under this Article shall guarantee
access to the property for reasonable inspections by City officials,
as they may deem necessary.
C.
The leakage of gasoline, oil, water or other liquids
or solid materials from containers of any kind or from motor vehicles
on any permitted site shall not be permitted, and the operator of
each site, as well as the owner of the container or vehicle shall
be required to stop such leakage, and perform such cleanup as may
be necessary to avoid pollution or a threat to public health. Nothing
herein shall prevent the City from exercising any legal remedy, or
arranging for any necessary cleaning and recovering the amount of
moneys expended.
[Amended by Ord. No. 177-1989]
In the event that the permittee does not safely
and properly operate such transfer station, sanitary landfill, the
temporary emergency storage area, garbage or junk storage vehicle
stopping area the City may seek the execution of the surety bond for
necessary cleanup and disposition of garbage, junk or other materials
illegally stored at the site in violation of this Article. The City
may attach a lien onto the property or take other legal steps against
the operator of the temporary emergency storage area to recover the
full cost of enforcement proceedings, cleanup and disposal of any
material, garbage or junk stored improperly or in violation of this
Article.
Any person, firm or corporation who shall violate
any provision of this Article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 per violation and/or imprisonment
for a term not to exceed 90 days. Each day said violation exists constitutes
a separate violation.
