City of Pottsville, PA Contract Collection; Disposal of Waste

Where it is used to describe the collection of solid waste, recyclables, or leaf waste, shall mean the act of any person in traversing to another person's place of abode or business and receiving or taking possession of his/her solid waste, recyclables, or leaf waste, and subsequently disposing the same material by landfilling, incinerating, composting, marketing, or other method which serves to remove the material from the place from which it was generated and to provide a destination for the materials at a place other than where they were generated.

CONSTRUCTION DEBRIS

All refuse and solid waste generated as the result of the construction on the property or structure.

DWELLING STRUCTURE

Any structure containing one or more rooms providing sleeping and sanitary facilities, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse or similar structure.

DWELLING UNIT

One or more rooms, including a kitchen or kitchenette and sanitary facilities, in a dwelling structure, designed as a unit for occupancy by not more than one family.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include more than a minimum amount of free liquids. It shall not include food-processing wastes from canneries, packing plants or similar industries, nor large quantities of condemned food products.

REFUSE

Garbage, ashes and rubbish as herein defined.

RESIDENTIAL PROPERTIES

Properties used as dwellings, including buildings having up to and not more than three dwelling units in one building.

RUBBISH

All waste materials not included in "garbage" and "ashes," except such waste materials as are not commonly produced in homes, stores, institutions and industries.

SOLID WASTE

All garbage, refuse, rubbish, and ashes, including, but not limited to, all items normally found around the household.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

YARD WASTE

Includes leaves, tree trimmings, brush, garden residue, and grass clippings.

§ 189-28 City-wide collection services authorization.

The City of Pottsville may, at its sole discretion, contract with, engage in, or in any manner enter into an agreement or agreements for the removal and disposing of solid wastes and recyclable materials with one or more entities or businesses licensed in the County of Schuylkill or, at its discretion, as part of City services provide solid waste and recyclable removal from all City properties, or a subset thereof, including but not limited to residences, businesses and/or public entities.

§ 189-29 Responsibility of owner or occupant.

Each owner and occupant shall provide for the removal of solid wastes and recyclable material from the parcel, dwelling structure, or other structure on which they are generated, either by means of a service provided by the City or by private licensed hauler, or by direct haul by or on behalf of the property holder or his/her agent to a disposal site approved by the county or otherwise licensed by the state or federal governments, depending on the requirements outlined in this article.

It shall be the duty of every owner and occupant to provide, for the exclusive use of his/her parcel, dwelling structure, or other structure, sufficient receptacles for the solid waste and recyclable material ordinarily generated upon such parcel. Refuse containers shall be maintained in good and sanitary condition. Any container that does not conform to the provisions of this chapter or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents shall be promptly replaced upon notice. The owner of a parcel shall be responsible and liable for compliance with this chapter by the occupants of said parcel.

The duties imposed by this section apply to all solid wastes and recyclable material regardless of whether said solid waste or recyclable material is collected by City-provided service or by a private hauler.

It shall be the duty of every owner and occupant to provide for the disposal of hazardous waste and unacceptable waste generated on his/her parcel, dwelling structure, or other structure in accordance with local, county, state and federal law.

Each owner and occupant shall comply with the rules established from time to time by the county and/or the City pertaining to the disposal of recyclable material and for the storage of recyclable material prior to collection and for the placement of such recyclable materials for collection. Failure to comply with these rules shall be a violation of this article.

No person shall store a container in front of the property's main structure (including the front porch), except when it is placed at curbline or street for collection.

§ 189-30 City-wide collection.

All residential properties are required to use the hauler contracted by the City and pay to the City the fees assessed in accordance with this article.

§ 189-31 Unauthorized collection of solid waste.

It shall be a violation of this article for any person to collect, pick up, remove or cause to be collected, picked up or removed solid waste generated in the City unless said person is authorized to do so by the City or by a person having management or control or who occupies any land or other real property on which said solid waste is generated. Said prohibition applies regardless of whether said solid waste has been placed at or near the street curb or edge of street pavement for the purpose of disposal. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

§ 189-32 Recyclable material.

It shall be a violation of this article for any person not authorized by the City or the county to collect, pick up, remove or cause to be collected, picked up or removed any recyclable material. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.

Notwithstanding the above, any person may donate or sell recyclables to persons authorized by the City or the county. Said recyclable material must either be delivered to the person's site or be placed at the curb or edge of road pavement for collection by said person on days not established by the City as recyclables collection days. Said person may not collect recyclables placed at the curb or edge of road pavement on or within 24 hours preceding a regularly scheduled collection day.

§ 189-33 Scavenging.

No salvaging or scavenging operations shall be permitted from solid wastes or recyclable materials placed at the curb or the edge of pavement.

§ 189-34 Accumulation of wastes restricted.

No owner or occupant of a parcel shall allow solid wastes, recyclable materials, rubbish or debris or garbage generated upon said parcel to:

(1)

Remain upon the parcel for a period greater than 14 days, unless stored within an enclosed structure.

(2)

Accumulate or be placed or dumped upon said parcel so that:

(a)

Said parcel is or may become unsanitary.

(b)

The health and safety of persons shall or may be adversely affected.

(c)

The quiet enjoyment of parcels other than the parcel of the offending owner or occupant is adversely affected.

No owner or occupant of a parcel shall cause or allow solid wastes, recyclable materials, rubbish or debris or garbage which is generated outside the perimeters of the parcel to be dumped upon or placed upon said parcel. Any such solid wastes, recyclable materials, rubbish or debris or garbage placed upon said parcel, either with or without the knowledge or consent of the owner or occupant thereof, shall be immediately removed from said parcel by the owner or occupant thereof.

Upon the failure of a parcel's owner to remove solid wastes, recyclable materials, rubbish or debris or garbage from said parcel within 10 days from the time the notice to remove such solid wastes, recyclable materials, rubbish or debris or garbage from said parcel has been served, the City of Pottsville may cause such solid wastes, recyclable materials, rubbish or debris or garbage to be removed from said parcel, and the total cost thereof, including but not limited to moneys actually paid out by the City, time and expense of the City officials and employees involved in the service of the notice and the removal in connection with the enforcement of the provisions of this section, shall be assessed upon the parcel in which such solid wastes, recyclable materials, rubbish or debris or garbage were found, and the expense so assessed shall constitute a lien and charge on the real property upon which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other City charges.

The notice required to be served pursuant to the provisions of this section shall be served as follows:

(1)

By mail to the owner addressed to the last known address of the owner.

(2)

By attaching or placing a copy of said notice upon any structure on said parcel and, if no such structure is available upon said parcel, by attaching said notice upon the nearest utility pole or other support.

§ 189-35 Placement of waste on property of another.

Any person who shall place any solid waste or recyclable materials upon any parcel not owned, leased or lawfully occupied by such person and without the explicit consent of the owner or occupant of said parcel shall be deemed to have violated this article.

§ 189-36 Waste generated outside City.

It shall be unlawful for any person to place at the curb or along the edge of street pavement within the City of Pottsville or to dispose, discard or abandon in said portion of the City any solid waste generated outside the corporate limits of the City of Pottsville.

§ 189-37 Outdoor burning.

Burning prohibited. The burning of solid waste, recyclable materials, yard waste and construction debris within the City of Pottsville is hereby prohibited.

Allowable burning. Open burning shall be allowed without prior notification to the Fire Chief for:

(1)

Fires used exclusively for recreation/cooking which are contained within a metal, brick or similar fireproof receptacle.

(2)

Highway safety flares, smudge pots, and similar occupational needs.

Permit required. Open burning shall only be allowed after obtaining a permit from the Fire Chief. The following conditions must be met:

(1)

Bonfire conditions. A bonfire shall only be allowed when the following sections are met:

(a)

Location. The location for any open fire shall be no less than 50 feet from any structure.

(b)

Size and duration. The bonfire shall be no larger than five feet by five feet and shall burn for no longer than three hours.

(c)

Attendance. All open fires must be attended at all times until fully extinguished.

(d)

Material. The Fire Chief must approve bonfire materials. The fire shall not be used for waste disposal purposes, and fuel shall be chosen to minimize air contaminants.

(e)

All permits shall be requested by and issued to the owner of the land upon which the bonfire is to be kindled.

(f)

Fire training. Fires purposely set for the purpose of actual instruction and training are allowable for fire personnel in accordance with the NFPA 1401.

(2)

When prohibited. The Fire Chief shall revoke a permit and prohibit open burning which is offensive or objectionable due to severe smoke, odor emissions or when local conditions make such fires hazardous.

(3)

Responsibility for expenses. Any persons or persons who set, start or fuel an open fire without a permit as required in this section or who fail to comply with requirements of this section shall pay to the City all costs incurred relating to damages or response costs.

§ 189-38 Dumping of clean fill.

The dumping of clean fill (rocks, cinders, etc.) shall be permitted within the City of Pottsville by special permit obtained from the City of Pottsville only for the purpose of filling in to establish grades. Such clean fill shall not be construed to mean rubbish or garbage as herein defined or any other kind of solid waste material which might adversely affect or injure the use of adjacent property.

§ 189-39 Preparation and disposal of acceptable waste.

Except as otherwise provided, all acceptable waste intended for removal by a City-provided service shall be drained and shall be contained in tightly covered, watertight, galvanized-iron or other nonrusting metal or heavy plastic cans having handles or in heavy plastic bags properly secured at the top thereof. Any acceptable waste which cannot be readily deposited in such receptacles may be compacted and securely bundled, tied or packed so as to be easily handled and shall not be likely to be scattered.

§ 189-40 Limitations on quantities to be collected.

The City of Pottsville reserves the right to establish the quantities of acceptable waste and recyclable material and any other type of waste permitted per household and/or property in the event the City engages in trash hauling or contracts with one or more single haulers.

§ 189-41 Fees.

Assessment of fees.

(1)

The City of Pottsville shall from time to time adopt schedules of rates for the collection of solid wastes and recyclable materials from residential properties within the City limits. Said rates shall be kept at all times on file for public inspection in the office of the City Treasurer and City Clerk.

(2)

Said rates shall be assessed on the basis of the number of household units found upon each parcel.

(3)

Said charges shall be due as of the date of billing. Failure to pay said charges within 30 days of the billing date shall result in the imposition of a penalty of 10% thereof.

Collection units ascertained.

(1)

The City of Pottsville shall, promptly upon this article becoming effective and from time to time thereafter, ascertain by diligent inquiry the number of household units on residential properties. The findings of the City shall be placed on a roll on file in the office of the Treasurer and/or City Clerk.

Payment for hauling.

(1)

Owners of the City residential properties shall pay fees established by the City to the City Treasurer.

(2)

The City shall establish by resolution the responsibility of property owners to either pay directly to the hauler or to the City of Pottsville.

(3)

Exemptions prohibited. Residential properties shall not be exempt from payment unless specific criteria are met, as established by the City Treasurer in consultation with the City Council.

§ 189-42 Violations and penalties.

Notwithstanding any other provision of this article, the violation of any provision of this article shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each offense, or by both fine and imprisonment, and each day that such violation shall be permitted to continue shall constitute a separate offense hereunder.

A first violation of § 189-35 shall be punishable by a fine of not more than $1,500. Two or more violations of said section within a five-year period shall be punishable as a misdemeanor and by a fine of not less than $2,500 and not more than $3,000.

§ 189-43 Unpaid assessment; costs to become lien.

If a property owner does not remit to the City assessed fees as identified in § 189-41, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible to pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, that amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.