[Adopted 12-29-2003 by Ord. No. 260-2003[1]]
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.
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.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
The permit application shall state the following:
(1)
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.
(2)
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.
C.
The permit fee shall be $5 per day per roll-off container
or portable box.
D.
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.
E.
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.
