Borough of Clarion, PA Solid Waste

COLLECTOR: Any person, as herein defined, who has been licensed to collect and transport solid wastes, as herein defined, generated within the corporate limits of the Borough.

CONTAINERS

DISPOSABLE CONTAINERS

Usually made of plastic or paper bags which are used only once and are collected along with their contents.

MANUALLY HANDLED

The standard, lightweight twenty- to thirty-five-gallon can that can be readily moved and normally comes equipped with a lid.

[Amended 7-6-1999 by Ord. No. 99-691]

MECHANICALLY HANDLED

Storage receptacle which is used with specialized collection vehicles which eliminate the manual loading of solid waste into the vehicle.

DWELLING: A building arranged, intended, designed or used as the living quarters for one or more families living independently of each other upon the premises. The term "dwelling" shall not be deemed to include "hotel," "motel," "rooming house" and "tourist home."

DWELLING UNIT: A building or portion thereof containing one or more rooms for living purposes, together with separate cooking and sanitary facilities, accessible from the outdoors either directly or through an entrance hall shared with other dwelling units, and used or intended to be used by one family.

GARBAGE: Every accumulation of animal, fruit, food and vegetable waste from the preparation, processing, cooking, consumption, storage or handling of animals, meats, fish, fowl, fruits and vegetables.
[Amended 12-20-2013 by Ord. No. 2013-798]

LICENSE: The permit granted to a person, as herein defined, who engages in the business of solid waste collection and transportation within the corporate limits of the Borough.

LICENSED CONTRACTOR: Any person who has obtained a valid, current license from the commonwealth and is in the business of collecting and transporting solid wastes within the corporate limits of the Borough.

OPEN BURNING: A fire in which any refuse is burned in the open or in a receptacle other than a furnace or an incinerator.

OWNER: The person, persons or entity who has record title to the premises generating the solid waste.
[Added 10-10-1989 by Ord. No. 89-649]

PERSON: Includes any natural person, partnership, firm, corporation or any other legal entity, including singular and plural, male and female.

PREMISES: Any parcel of land in Clarion Borough, Pennsylvania, having a separate tax map and parcel number for county assessment purposes.

REFUSE: Discarded nonputrescible waste matter, including but not limited to ashes, yard trimmings, household furnishings, paper, boxes, bottles, earth, sand, concrete, building materials, abandoned large machinery or vehicles, or such other waste materials as are not commonly produced in homes.

SOLID WASTES: Garbage, refuse and other discarded materials, including but not limited to solid and liquid waste materials resulting from industrial, commercial, agricultural and residential activities.

VECTOR: An animal or insect which transmits infectious diseases from one person or animal to another by biting the skin or mucous membrane or by depositing infectious material on the skin, on food or on another object.

§ 180-2 Applicability.

No person shall place any solid wastes in any street, right-of-way, alley or other public place or upon any private property, whether owned by such person or not, unless said wastes are in the required storage containers.

It shall be unlawful for any person, other than the owner or the occupants of the premises on which containers are stored, to remove the covers or any contents thereof or add to the waste stored in said containers.

[Amended 10-10-1989 by Ord. No. 89-649]

All owners of a premises generating solid waste shall maintain and keep current and in effect a contract with a licensed collector, which contract shall provide for the removal of all solid waste generated from the owner's premises in the manner required by this article. Any owner failing to maintain the solid waste disposal contract required by this section shall be deemed to be in violation of this article.

[Amended 10-10-1989 by Ord. No. 89-649]

Garbage and refuse shall be stored in only the type of containers described in this article.

Solid wastes deposited for collection shall not be mixed with or easily associated with items of value that are not to be disposed of.

Ownership of any and all solid waste items set out for collection shall be vested in the licensed collector as of the time said waste is collected.

The responsibility for securing and maintaining the sufficient type and quantity of storage containers shall be the owner's.

[Amended 10-10-1989 by Ord. No. 89-649]

The owner of a premises generating solid waste, whether used for residential, commercial, industrial or public purposes, or for any other use, is required to enter into an agreement with a licensed collector who shall provide for the regular removal of solid waste from the premises so that it does not accumulate outside the containers required by this article.

[Amended 10-10-1989 by Ord. No. 89-649]

All fees and payment due under each agreement shall be a matter of private agreement between the owner and the licensed contractor.

[Amended 10-10-1989 by Ord. No. 89-649]

Community cleanup campaigns conducted or approved by the Borough of Clarion shall be exempt from the provisions of this article, provided that the materials are removed to a landfill site approved by the Pennsylvania Department of Environmental Protection.

[Amended 7-6-1999 by Ord. No. 99-691]

Waste paper drives, glass collections or any materials recycling program shall be granted the following exceptions:

(1)

Upon approval by the Borough, the license fee shall be waived.

(2)

The solid waste collected shall be hauled in vehicles which do not allow the waste to spill onto public rights-of-way.

Companies or individuals who are not in the business of hauling solid waste and are undertaking construction shall be granted the following exceptions:

(1)

Prior to issuance of a permit for building construction or demolition that would create refuse, the contractor or individual shall provide evidence that the refuse will be placed in a landfill approved by the Pennsylvania Department of Environmental Protection.

[Amended 7-6-1999 by Ord. No. 99-691]

(2)

The refuse shall be hauled in vehicles that do not allow the refuse to spill onto the right-of-way.

§ 180-3 Collection and storage requirements.

Preparation of solid wastes:

(1)

All solid wastes shall be stored in a proper container in such manner that they do not constitute a fire, health or safety hazard or provide food or harborage for vectors, and shall be so contained so as not to result in spillage. The owner shall provide a minimum of 16 gallons of container volume per resident occupying each dwelling unit; in the case where a bulk container is used, 2.14 cubic feet per resident.

[Amended 10-10-1989 by Ord. No. 89-649]

(2)

All solid wastes containing garbage shall be securely stored in covered or closed containers which are nonabsorbent, leakproof, durable, easily cleaned (if reusable), and designed for safe handling. Furthermore, all such wastes shall be free of liquids.

(3)

All refuse, tree trimmings, hedge clippings and similar material shall be cut to a length not to exceed four feet and securely tied in bundles not to exceed two feet in thickness prior to being deposited for collection.

(4)

Newspapers, magazines and other similar printed matter not placed in containers shall be securely tied in bundles not to exceed 50 pounds in weight.

Frequency of collection:

(1)

Garbage and refuse shall be collected from each premises at least one time each week throughout the year.

(2)

When serviced, storage containers shall be emptied completely of all solid wastes.

Storage containers (general requirements):

(1)

All storage containers shall be constructed of corrosion-resistant metal or other material which will not absorb water, grease or oil.

(2)

All storage containers shall be leakproof, including sides, seams and bottoms, and be durable enough to withstand anticipated usage without rusting, cracking or deforming in a manner that would impair serviceability.

(3)

The interior of the container shall be smooth without interior projections or rough seams.

(4)

All storage containers shall be maintained in a clean condition so that they do not constitute a nuisance, and to retard the harborage, feeding and breeding of vectors.

Disposable containers:

(1)

Single-use plastic and paper bags shall have a minimum thickness of 2.0 mils.

(2)

Single-use bags containing food wastes shall be stored within the confines of a building or container between collection periods.

Requirements for manually handled storage containers:

(1)

All containers shall not be more than 35 gallons in volume, unless they are mounted on casters and can be serviced by being rolled to the collection vehicle and tilted for emptying.

(2)

All such containers shall be constructed with rounded edges tapered sides with the larger diameter at the top of the container.

(3)

All containers shall be equipped with two handles located directly opposite each other on the sides of the container.

(4)

All containers shall have covers which are tight-fitting to resist the intrusion of water and vectors and should be equipped with a suitable handle.

(5)

All such containers when filled shall not exceed 50 pounds.

Requirements for mechanically handled containers:

(1)

All mechanically handled containers shall be easily accessible to the collection vehicle.

(2)

All containers shall be so designed or equipped to prevent spillage or leakage during on-site storage, collection and transport.

(3)

All mechanically handled containers shall have covers which are tight fitting to resist the intrusion of water and vectors, which covers shall be closed except when the containers are being loaded or unloaded.

[Added 10-10-1989 by Ord. No. 89-649]

Container location:

(1)

Refuse containers shall, for the purpose of collection, be placed at ground level and be made readily accessible to the collector. They shall not be placed for collection prior to 6:00 p.m. the day before collection, and empty refuse containers shall be removed to the premises from the curb, roadside or alley by 11:00 p.m. of the day of collection. Refuse containers shall not be kept at the curb or roadside between scheduled collections, and they shall be stored on the premises at such locations to be unseen from the public streets or roads or from the front yards of immediate neighboring property. Tied plastic refuse bags may be used in lieu of refuse containers only on the day of collection.

[Amended 7-6-1999 by Ord. No. 99-691; 12-20-2013 by Ord. No. 2013-798]

(2)

Garbage and refuse shall be collected at least once a week, except that hotels, fraternities, sororities, apartment houses, restaurants, institutions and commercial or industrial establishments may be required to have more frequent collection if determined by the Borough Manager to be a public nuisance.

(3)

If the owner does not provide the containers required by this article, the licensed collector shall not remove any solid waste until a proper container is furnished. If a container is described by the licensed collector which does not meet the requirements of this article, he shall immediately notify the owner of the noncompliance and give the owner 10 days to provide the required container. If the required container is not supplied by the end of the ten-day period, the name of the owner shall be reported to the Borough Manager by the licensed collector.

[Amended 10-10-1989 by Ord. No. 89-649]

§ 180-4 Disposal of solid waste by burning.

No person shall set or maintain any fire or burn or cause to be burned any substance or material of any kind out of doors anywhere within the fire limits of the Borough, as now or hereafter constituted.[1]

[Amended 7-6-1999 by Ord. No. 99-691]

[1]

Editor's Note: See Ch. 71, Burning, Outdoor, Art. I, for current provisions regarding recreational and similar fires.

No person shall set or maintain any fire or burn or cause to be burned upon any of the streets, sidewalks, alleys or public grounds in the Borough any paper, boxes, refuse, garbage, leaves or other material or solid waste of any kind.[2]

[2]

Editor's Note: Former Subsections C and D, as amended by Ord. No. 649, which immediately followed this subsection, were repealed 7-6-1999 by Ord. No. 99-691.

No such fire shall be permitted in violation of the Borough's current fire prevention code ordinance, state law or regulation or any federal law or regulation.[3]

[3]

Editor's Note: See Ch. 80, Construction Standards, Art. II, Uniform Construction Code.

§ 180-5 Licensing of collectors.

[Amended 7-6-1999 by Ord. No. 99-691; 12-20-2013 by Ord. No. 2013-798]

From and after the passage of this article, no person or persons, partnership, firm or corporation shall collect, remove, haul or convey any solid waste through or upon any of the ways, highways, streets or alleys of the Borough of Clarion or dispose of the same in any manner or place without obtaining a license from the commonwealth.

The licensed hauler shall make application for renewal of its license by each September 1 for the following calendar year.

Collectors shall file with the Borough Manager a list of all collection vehicles and trucks utilized for refuse disposal in the Borough with accurate identification information provided for thereon. A change shall be promptly reported to the Borough Manager so that at all times the Borough's records will be correct and accurate.

Collection vehicles and trucks shall be of a packer type and shall be inspected by a designated agent of the Borough Manager for compliance with the provisions of this article and shall thereafter be inspected once every year at a scheduled time during the month of July.

Collectors shall carry a minimum amount of $500 each occurrence and aggregate of insurance coverage for the following areas: bodily injury liability other than automobile, automobile bodily injury liability, automobile property damage liability and workers' compensation (statutory).

The collector shall furnish the Borough Manager with a current certificate of such insurance. In the event of cancellation, 15 days' notice shall be provided to the Borough.

Collectors shall furnish the Borough Manager documented proof that their refuse disposal site is an approved sanitary landfill by the Pennsylvania Department of Environmental Protection and shall certify the life of such sanitary landfill. No licensed collector shall make any change in the arrangements for disposal of refuse collected by him without first receiving the written approval of the Borough Manager.

It shall be unlawful for any unlicensed collector to collect or remove refuse from a household, institution or commercial or industrial enterprise located within the corporate limits of the Borough of Clarion.

§ 180-6 Management and collection requirements.

All vehicles used for the collection and transportation of solid wastes shall satisfactorily comply with all safety regulations of the Commonwealth of Pennsylvania.

If a crew member rides outside the cab of the collection vehicle for short trips, the vehicle shall be equipped with handholds and platform large enough to safeguard against slipping.

All vehicles used for the collection and transportation of solid wastes shall be enclosed or adequate provisions shall be made for suitable covers; the vehicles shall be metal and leak-resistant.

Equipment used for the collection and transportation of solid wastes shall be maintained in good condition and kept clean to prevent the propagation or attraction of vectors and the creation of nuisances.

The collection of solid wastes shall be conducted in a safe, efficient manner, strictly obeying all applicable traffic and other laws.

The collection vehicle operator shall be responsible for immediately cleaning up all spillage caused by his operation, for protecting private and public property from damage resulting from his operations, and for creating no undue disturbance of the peace and quiet in areas in which he operates.

Each collection vehicle or truck shall have at least one broom and one shovel to clean up refuse or garbage that may be spilled or otherwise scattered during the process of collection. Collection personnel operating or otherwise assigned to their collection vehicle or truck shall be responsible for the immediate cleaning up and removal of refuse or garbage that may be spilled or scattered during the process of collection.

All solid wastes, as defined herein, shall be disposed of only in a facility duly approved by the Pennsylvania Department of Environmental Protection. It shall be incumbent on each applicant for a collection license to adequately verify that such applicant has suitable arrangements for disposal as required above.

[Amended 7-6-1999 by Ord. No. 99-691]

Hours of collection. The collection of garbage, refuse and solid waste shall be limited to 6:00 a.m. until 10:00 p.m. local time, unless written permission is received from the Borough Manager or his designated agent as stated in § 180-8A by the collector to commence collection activities at an earlier time.

[Added 9-5-2012 by Ord. No. 2012-791]

§ 180-7 Assignment of owners' obligation.

[Amended 10-10-1989 by Ord. No. 89-649]

Notwithstanding anything set forth in this article, the owner may assign his obligations described herein to his, her or its tenant; provided, however, that the owner shall be solely responsible for all violations of this article.

§ 180-8 Enforcement; violations and penalties; suspension or revocation.

This article shall be enforced by the Borough Manager of the Borough of Clarion or his designated agent(s) thereto. The Borough Manager's designated agent(s) may be the Zoning Officer or Police Department, who, upon his directive, may act separately or jointly in the enforcement of the provisions of this article.

[Amended 7-6-1999 by Ord. No. 99-691]

Violations and penalties.

(1)

In addition to the remedies hereinbefore provided, and except as provisioned in Subsection B(2) below, any person or persons, partnership, firm or corporation in violation of any of the foregoing provisions of this article or who shall fail to comply with any of the conditions or requirements thereof shall be deemed guilty of a summary offense and, upon conviction, shall be punished by a fine of not less than $25 nor more than $300. Upon three summary offense convictions, the next violation shall be considered a misdemeanor. The imposition of the penalty for any violation shall not excuse the violation or permit same to exist and continue, and all such person(s) shall be required to correct or remedy the violation or defects within a reasonable time, and when not otherwise specified, each 10 days that said conditions are permitted to exist shall constitute a cause for additional penalty.

[Amended 9-5-2012 by Ord. No. 2012-791]

(2)

In addition to the remedies hereinbefore provided, any person or persons, partnership, firm or corporation in violation of § 180-6I of this article or who shall fail to comply with any of the conditions or requirements thereof shall be deemed guilty of a summary offense and, upon conviction, shall be punished by a fine of $500 for each occurrence. Upon three summary offense convictions, the next violation shall be considered a misdemeanor. The imposition of the penalty for any violation shall not excuse the violation or permit same to exist or continue, and all such person(s) shall be required to correct or remedy the violation or defects within a reasonable time, and when not otherwise specified, each 10 days that said conditions are permitted to exist shall constitute a cause for additional penalty.

[Added 9-5-2012 by Ord. No. 2012-791]

Suspension or revocation.

[Amended 7-6-1999 by Ord. No. 99-691; 12-20-2013 by Ord. No. 2013-798]

(1)

The Borough Manager or his designated agent(s) thereto shall have the right, at any time, to suspend the operations of the collector for any of the following causes:

(a)

Suspension or revocation of the license issued by the commonwealth.

(b)

Lapse or cancellation of insurance coverage.

(c)

Collecting or transporting refuse in a careless or negligent manner.

(d)

Failure to deposit refuse at a Pennsylvania Department of Environmental Protection approved dumping or disposal site.

(e)

A violation of any part, section or subsection of this article.

(2)

A collector whose operations in the Borough have been suspended has, within 30 days of the written notice of suspension, the right to appeal the determination to Borough Council.

Article II Recycling

[Adopted 6-4-1991 by Ord. No. 91-659]

§ 180-9 Title.

This article shall be known as the "Resource Recovery and Recycling Ordinance of the Borough of Clarion, Clarion County, Pennsylvania."

§ 180-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALUMINUM CANS: Empty all-aluminum beverage and food containers.

BIMETALLIC CONTAINERS: Empty food or beverage containers consisting of steel and aluminum.

COMMERCIAL ESTABLISHMENT: Those properties used primarily for commercial or industrial purposes.

COMMUNITY ACTIVITIES: Events that are sponsored by public or private agencies or individuals, which include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.

CORRUGATED PAPER: Structural paper material with an inner core shaped in rigid parallel furrows and ridges.

DESIGNATED COLLECTOR: The entity with whom the Borough contracts to provide the recycling services required by this article.

FERROUS CONTAINERS: Empty steel or tin-coated steel food or beverage containers.

GLASS CONTAINERS: Bottles and jars made of clear, green or brown glass. Excluded are plate glass, automotive glass, blue glass and porcelain and ceramic products.

HIGH-GRADE OFFICE PAPER: All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.

INSTITUTIONAL ESTABLISHMENT: Those facilities that house or serve groups of people such as hospitals, schools, day-care centers and nursing homes.

LEAD ACID BATTERIES: Includes but is not limited to automotive, truck and industrial batteries that contain lead.

LEAF WASTE: Leaves from trees, bushes and other plants, garden residue, chipped shrubbery and tree trimmings but not including grass clippings.

MAGAZINES AND PERIODICALS: Printed matter containing miscellaneous written pieces published at fixed or varying intervals. Expressly excluded are all other paper products of any nature whatsoever.

MULTIFAMILY HOUSING PROPERTIES: For recycling purposes, any properties having four or more dwelling units per structure.

MUNICIPAL ESTABLISHMENTS: Public facilities operated by the municipality and other governmental and quasi-governmental authorities.

MUNICIPALITY: Clarion Borough.

NEWSPAPER: Paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Expressly excluded are glossy advertising inserts often included with newspapers.

PERSON(S): Owners, lessees and occupants of residences, commercial or institutional establishments.

PLASTIC CONTAINERS: Empty plastic food and beverage containers. Due to the large variety of types of plastic, the recycling regulations may stipulate specific types of plastic which may be recycled.

RECYCLABLE MATERIALS: Source-separated recyclable materials, including materials listed in Section 1501 of Act 101[1] and materials identified by the municipality to be recycled.

RESIDENTIAL DWELLINGS: For recycling purposes, any occupied single or multifamily dwelling having up to four dwelling units per structure.

SOURCE-SEPARATED RECYCLABLE MATERIALS: Those materials separated at the point of origin for the purpose of being recycled.

WASTE: A material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. The term does not include source-separated recyclable materials or material approved by the Department for beneficial use.

[1]

Editor's Note: See 53 P.S. § 4000.1501.

§ 180-11 Program established.

There is hereby established a resource recovery and recycling program for the mandatory separating of recyclables from refuse and rubbish in the Borough of Clarion.

(1)

Separation and storage of recyclables by residences shall be the responsibility of the resident.

(2)

Separation, storage and collection of mandated Act 101[1] recyclables by commercial, municipal and institutional establishments and community activities shall be the responsibility of each establishment; provided, however, that proper Borough officials have the right to require documentation that mandated recyclables are being collected.

[1]

Editor's Note: See 53 P.S. § 4000.101 et seq.

(3)

Separation and storage of recyclables by multifamily housing units shall be the responsibility of the tenants.

(4)

Separation of leaf waste from refuse, rubbish and recyclables shall be mandatory.

(a)

Leaf waste shall be collected at curbside at least twice yearly on dates specified by the Clarion Borough Council. One collection shall be in the spring of the year and one shall be in the fall. Leaf waste shall be permitted to be deposited on a daily basis at the Clarion Borough Public Works Building on Veterans Drive until such time as said use is terminated by the Borough Council.

[Added 12-20-2013 by Ord. No. 2013-798]

(5)

A public information and education program shall be established by a designated collector and the Borough of Clarion.

The resource recovery and recycling program shall be operated according to the specific program regulations which shall be developed and publicly announced by July 3, 1991.

The Clarion Borough Council shall be empowered to make changes in the program regulations from time to time as necessary. Changes shall be made through approval of the Borough Council, and public notice of the same shall be given by publishing once in a newspaper of general circulation.

§ 180-12 Violations and penalties.

[Amended 12-20-2013 by Ord. No. 2013-798]

Any person who shall violate any provision of this article shall, upon conviction before a Magisterial District Judge, be guilty of a summary offense and be sentenced to pay a fine of not more than $500 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days; provided, further, that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.

§ 180-13 Separation and disposal of leaf waste and automobile batteries.

In compliance with Act 101, Section 1501(c)(1)(ii) and Section 1502(2),[1] it is hereby required that leaf waste be separated from ordinary household waste. Automotive batteries shall also be excluded from household waste.

[1]

Editor's Note: See 53 P.S. §§ 4000.1501(c)(1)(ii) and 4000.1502, respectively.

§ 180-14 Ownership of recyclables.

The recyclables shall remain the property of the owner until they are picked up by the designated collector, at which time they shall become the property of the designated collector. The person or entity responsible for placing the recycling container at the curb for collection shall ensure that the recyclables remain within the container until collected. It shall be a violation of this article to collect or pick up or cause to be collected or picked up any such items unless authorized by the Borough of Clarion. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 180-15 Existing recycling operations.

All recycling operations that were in existence on the effective date of Act 101[1] may continue to operate, and any person desiring to use these facilities or donate recyclable materials to charitable organizations shall be free to do so.

[1]

Editor's Note: See 53 P.S. § 4000.101 et seq.

§ 180-16 Recycling of materials.

Disposal of designated recyclables with ordinary waste by any residential, commercial, municipal, multifamily or institutional facility is hereby prohibited.

The designated collector may not dispose of recyclables in landfills or have them burned in incinerators without written approval of the Borough.

§ 180-17 Franchise license and/or contract.

The Borough of Clarion shall enter into an agreement or contract for the collection and disposal of recyclable materials with a designated collector.

§ 180-18 Approved containers.

Each household shall have a container approved by the Borough of Clarion in which to store recyclables and to place the same at curbside on the designated day for pickup of the recyclables.

Recycling containers provided by the contractor are the property of the Borough and shall be returned to the Borough, if requested.