[Adopted 12-29-2003 by Ord. No. 260-2003]
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future. Words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- The City of Scranton, Pennsylvania.
- Any group of more than five dwelling units contained in one structure and establishments engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
- DEMOLITION MATERIALS
- Solid waste resulting from the construction or demolition of buildings and other structures, including but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include the following if they are separate from other waste and are used as clean fill:
- The Director of the Department of Permits, Licensing and Inspections.
- MUNICIPAL WASTE
- Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definition of residual; or hazardous waste under the Pennsylvania Solid Waste Management Act from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.
- An individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, including, but not limited to, the Department of General Services or an other legal entity which is recognized by law as the subject of rights and duties. In the provisions of this article pertaining to a fine or a penalty, the term includes the officers and directors of a corporation or other legal entity having officers and directors.
- PORTABLE BOXES
- Containers which are placed by a hauler for the purpose of accumulating waste so as to be bulk transferred to a packer truck and where the box is returned to the original position before transporting the waste to a disposal site.
- The collection, separation, recovery and sale or reuse of metals, glass, paper, plastics and other materials which would otherwise be disposed or processed as municipal waste.
- Any dwelling in a group of five dwelling units or less contained in one structure.
- RESIDUAL WASTE
- Any garbage, refuse other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and any sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act. Residual waste shall not include treatment sludges from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant the Clean Streams Law.
- ROLL-OFF CONTAINERS
- Large containers which are placed by a hauler for the purpose of accumulating waste which is then picked up and rolled on a specially framed truck rack in its entirety and transported to and emptied at a disposal site.
Any hauler of municipal waste and/or residual waste who collects such waste, whether residential, industrial and/or commercial, within the City limits shall have a license to conduct such business. Upon receipt of said fee, the license shall be obtained from and issued by the Department of Permits, Licensing and Inspections. Any hauler of residential or commercial recyclable commingled materials who collects such materials within the City limits shall have a license to conduct such business.
The license fee shall be issued and renewed annually. The fee for the license shall be $150 per truck for the annual license fee from January 1 of each year or any fractional part of said year.
The license application shall include a list of all vehicles the hauler intends to use to collect and transport waste within the City limits. Each listed vehicle must receive and exhibit in plain sight on the vehicle a license sticker issued by the City.
Any hauler having a license to collect municipal waste in the City shall be subject to having the license revoked for violation of any of the rules, regulations or ordinances related to the collection, transportation and disposal of municipal solid waste.
Any hauler of municipal waste or any other kind of waste, including residual and hazardous waste, who transports such waste within the City limits in an environmentally unsafe manner shall be subject to the penalties of this article.
Any industry or commercial business located in the City of Scranton using its own or leased vehicle(s) to haul or transport municipal waste or any other kind of waste from its facility to a landfill or any other disposal location shall be exempt from this article. All open vehicles, containers transported in open vehicles and/or all roll-off containers used in the transportation of municipal or residual waste or recyclable materials will be tightly tarped or covered at all times during said transportation.
All roll-off containers and portable boxes that are placed on any street or highway within the corporate limits of the City of Scranton for the purpose of collecting waste to be transported to a disposal site shall require a permit issued by the Department of Permits, Licensing and Inspections.
The permit application shall state the following:
The name and address of the person(s) or entity applying for the permit, stating with specificity the location desired, describing the precise area where the proposed roll-off container or portable boxes will be located, the purpose of placing the roll-off container or portable boxes at that location and the anticipated time that said roll-off container or portable boxes will be parked.
The application shall include a provision that the applicant(s) by his/her signature(s) accepts full responsibility to completely indemnify and hold harmless the City of Scranton from all damages or injuries of any kind that may occur while the said roll-off container(s) or portable boxes are parked or driving on a City street or highway; and that the applicant will comply with this article and all other rules and regulations concerning the parking of roll-off containers or portable boxes.
The permit fee shall be $5 per day per roll-off container or portable box.
All roll-off containers or portable boxes parked on a City street or highway must have a flashing light and proper reflectors to provide warning to approaching traffic, which light and reflective devices shall be in proper working condition.
A roll-off container or portable box may be parked in a right-of-way area on a public street or highway for only one day. Pursuant to a permit issued under this article unless the permit holder engages an off-duty police officer to insure the safe movement of traffic around the said roll-off container or portable box.
Any violation of any provision of this article shall be subject to a civil fine of not more than $600 for each violation, together with costs. Each day that a violation remains outstanding constitutes a separate violation.