[Adopted 9-1-1981 as Ch. 50, Part
1, of the 1981 Code]
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings herein indicated:
BOROUGH
Clarion Borough, Clarion County, Pennsylvania.
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
A.
DISPOSABLE CONTAINERSUsually made of plastic or paper bags which are used only once and are collected along with their contents.
B.
MANUALLY HANDLEDThe 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]
C.
MECHANICALLY HANDLEDStorage 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."
C.
MULTIFAMILY DWELLINGA dwelling containing three or more dwelling units, including apartment houses, apartment hotels, flats, garden apartments and group houses.
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.
[Amended 7-6-1999 by Ord. No. 99-691; 12-20-2013 by Ord.
No. 2013-798]
A. 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.
B. The licensed hauler shall make application for renewal
of its license by each September 1 for the following calendar year.
C. 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.
D. 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.
E. 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).
F. 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.
G. 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.
H. 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.
[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.
[Adopted 6-4-1991 by Ord. No. 91-659]
This article shall be known as the "Resource
Recovery and Recycling Ordinance of the Borough of Clarion, Clarion
County, Pennsylvania."
As used in this article, the following terms
shall have the meanings indicated:
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.
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.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the municipality and other
governmental and quasi-governmental authorities.
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 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.
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.
[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.
In compliance with Act 101, Section 1501(c)(1)(ii)
and Section 1502(2), it is hereby required that leaf waste be separated from
ordinary household waste. Automotive batteries shall also be excluded
from household waste.
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.
All recycling operations that were in existence
on the effective date of Act 101 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.
The Borough of Clarion shall enter into an agreement
or contract for the collection and disposal of recyclable materials
with a designated collector.