[Adopted as Ord. No. 137-1989 (Ch. 15, Art. IV, of the 1979 Code]
[Amended by Ord. No. 177-1989; 88-1991]
As used in this article, the following terms shall have the meanings indicated:
- EMERGENCY SITUATION
- An emergency situation shall exist in the City only after such is designated officially by the Mayor of the City. The Mayor shall declare such an emergency situation in the event that the residents of the City are unable to dispose of their junk, trash or garbage at an approved landfill, junkyard, dump, incinerator or other approved junk, trash or garbage disposal area or facility.
- All animal and vegetable waste resulting from preparation, cooking or consumption of foods. It shall also mean glass, metal, paper, plastic, plant growth or other solid waste.
- Includes scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and bones, rags, paper, used cloth, used rubber, used rope, used tinfoil, used bottles, old or used machinery, used tools, used appliances, used plumbing, heating and other fixtures, used utensils, used lumber, used boxes, or crates, used pipe or pipe fittings, used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled.
- JUNK STORAGE VEHICLE
- A garbage or junk storage vehicle shall be defined as a vehicle capable of movement on the subject real estate or any street or road adjacent to such real estate and which has as its primary purpose the storage, housing or containment of garbage or junk, and shall include but not be limited to dump trucks, garbage trucks and open tractor-trailers.
- A liquid waste resulting from the interaction of water or other liquids containing dissolved or other suspended solid matter which is deleterious, injurious or hazardous to the general public, the environment, rivers, streams, creeks, ditches, lakes, storm sewers, watercourses or any other collection of water.
- STOPPING AREA FOR GARBAGE OR JUNK STORAGE VEHICLES
- A stopping area for garbage or junk storage vehicles shall be defined as an area of real estate on which garbage or junk storage vehicles shall be allowed to park, stop or remain fully or partially loaded with garbage or junk for a period in excess of 24 hours. Nothing herein shall be construed to prevent the City from seeking to abate a nuisance by any legal remedy, if a nuisance develops within 24 hours.
- TEMPORARY GARBAGE OR JUNK SITE
- A temporary garbage or junk site shall be defined as an area of real estate where garbage or junk shall be deposited and the owner of the real estate intends to remove the junk from such real estate to a permanent landfill, junkyard, dump, incinerator or other approved junk, trash or garbage disposal area or facility.
- TRANSFER STATION
- Any property where solid waste (as defined by the applicable Commonwealth of Pennsylvania rules and regulations) is stored temporarily or transferred by vehicle storage container or any other means, except that storage containers for the solid waste generated on a specific site (i.e. trash cans and dumpsters) and solid waste on the immediate property of its ultimate disposal (i.e. a properly permitted sanitary landfill) shall not be considered a transfer station.
It shall be unlawful for any person or entity to keep, maintain or allow any area of real estate within the City to be used as a temporary garbage or junk site, transfer station or sanitary landfill or a stopping area for garbage or junk storage which garbage or junk is generated from a place other than the subject premises, whether the same is contained within vehicles, trailers or containers or not, unless a license is issued in accordance with this Article or an emergency situation exists in the City for which an emergency permit shall have been previously obtained as hereinafter provided.
[Amended by Ord. No. 177-1989]
A permit for a transfer station or sanitary landfill or an emergency permit to keep, maintain or allow to exist any temporary garbage or junk site or stopping area for garbage or junk storage shall be granted only by the Zoning Enforcement Officer of the City according to the standards and guidelines hereafter set forth. Any such emergency permit shall be valid only during the existence of the emergency situation. Every person or entity desiring to keep, maintain or allow to exist any such transfer station, sanitary landfill, temporary garbage or junk site or stopping area shall file with the Zoning Enforcement Officer an application for a permit or an emergency permit, as appropriate, which application shall contain:
A description of the emergency situation, if applicable.
A description of the real estate for which the permit is desired, including the size of the area and proposed placement of the site or stopping area(s).
A description of the items of garbage or junk to be allowed on the proposed temporary junk site or in the stopping area.
An estimate of the time for which the permit would be required.
The name of the owners of the subject premises.
The name of the owner of all premises adjoining the premises.
A description of the steps to be taken to ensure insect and odor control and proper disposal of leachate.
A description of fencing to control blowing litter and prevent unauthorized access, particularly by children.
A statement that such area proposed to be used as a temporary emergency storage site, transfer station, sanitary landfill or garbage stopping area is permitted under the applicable provisions of the City Zoning Ordinance.
A description of steps to be taken to ensure proper drainage.
A description of the background of the applicants in managing a garbage or junk storage site, sanitary landfill, garbage stopping area or transfer station or emergency storage area, including the name, address and telephone numbers of at least three references.
The provision to the City of an insurance policy, wherein the City is listed as a co-insured sufficient to indemnify and hold the City harmless from the liability of whatever nature in the operation of the temporary, emergency garbage or junk storage site; each applicant shall sign a hold harmless clause on the application acknowledging his or her responsibility which clause shall be approved by the Solicitor's Office of the City of Scranton.
Each applicant shall produce a surety bond in favor of the City, in an amount to be determined by the City taking into consideration the size of the site, proposed use of the site, the materials to be stored there, the length of time such materials are stored, the likely costs of cleanup and disposal of garbage, refuse or other waste, if deposited in violation of this Article or in violation of federal or state law or regulations.
The provision of evidence of compliance with all other City licenses, permits or conditions required by other ordinances of the City.
Submission of evidence clearly showing compliance with all applicable federal and state statutes or regulations governing the storage, transportation, loading and unloading or disposal of garbage, refuse or other waste.
A description of steps to be taken to prevent the storage, transportation or disposal of hazardous or infectious waste.
A description of the hours that the facility will be open and the days of the week that the facility will operate, except in accordance with the following hours and days:
[Amended by Ord. No. 177-1989]
Zoning Enforcement Officer.
The Zoning Enforcement Officer shall review the information contained in the application and shall inspect the proposed site as necessary, together with the City Engineer. The Zoning Enforcement Officer may request additional information to ensure that the proposed transfer station, sanitary landfill, garbage storage area or temporary emergency storage area will be safely and properly administered. Upon final approval of the permit, the applicant shall pay a permit fee of $1,200 per year. A permit may be issued for a period of less then one year, and the fee for a partial year permit shall be $100 per month. A permit may be renewed upon the applicant providing clear evidence to the City of his compliance with the provisions of this Article and applicable federal and state statutes and regulations.
The Zoning Enforcement Officer is empowered to revoke the permit if it appears that the facility is not being operated in accordance with the provisions of this Article or state and federal statutes and regulations.
Any person aggrieved by a revocation or denial of a permit for any operation required to be licensed or regulated by this Article shall have the right to appeal a determination by the Zoning Enforcement Officer, in writing, to the Director of the Department of Community Development, within 20 days of the notice issued thereof, as of the date of such notice.
The Director shall schedule a hearing to be open to the public (excepting conferences of counsel at sidebar) within 20 days, at which time evidence may be presented by any aggrieved person, witnesses, City officials and documents may be received. The Director shall be empowered to swear in witnesses at any such hearing and to rule on the reception of relevant evidence. Each such hearing shall be conducted under the provisions of the Local Agency Law, 2 Pa.C.S.A. § 105 et seq., and the practice and procedure shall follow subject thereby to said statute § § 551 to 555. A hearing shall be scheduled within 20 days of the notice of appeal unless the matter is continued or postponed with consent of all parties.
Following a hearing, including continuances or postponements as determined by the Director, the Director of Community Development shall issue an adjudication, in writing, in accordance with 2 Pa.C.S.A. § 555, specifying his decision with findings of fact and reasons for the adjudication, further advising of a right to appeal the adjudication within 30 days of the date of the adjudication which shall be served upon all parties or their counsel personally or by mail. Such service by mail shall be by registered mail if a party is unrepresented by counsel. The Director shall issue his adjudication within 20 days from the date of the hearing or the date that the hearing was concluded if a hearing was held on more than one day.
Any person aggrieved by the adjudication of the Director of Community Development may appeal such adjudication within 30 days of the date such adjudication was made, to the Court of Common Pleas of Lackawanna County, in accordance with the provisions of the Local Agency Law.
Editor's Note: See 2 Pa.C.S.A § 105.
Purpose. All sanitary landfills, transfer stations, garbage or junk storage areas or emergency storage areas shall meet the following performance standards in order to preserve the public health, secure the public safety and general welfare of the residents of the City and avoid the creation of nuisances.
Performance standards. Performance standards shall be:
To ensure accountability for the safe and lawful operation of any licensed site, the identity of the operators or owners and their address must be provided to the Department of Community Development.
To protect the City from liability for accidents or failure to safely or properly operate the licensed site, evidence of sufficient insurance and a surety bond must be provided and a hold harmless agreement executed by any permittee.
To avoid the creation of an attractive nuisance, and prevent the blowing of litter off of the site of any permitted operation, appropriate fencing must enclose any licensed site.
To avoid the spread of disease, insects, rodents and other vectors shall be strictly controlled, and no ponds or pools of water will be permitted. The presence of such vectors or accumulations of water shall be grounds for revocation of a permit or for citation for violation of this Article.
To avoid the creation of nuisances, no odor of garbage shall be permitted to be emitted from the premises of a licensed site, nor shall noise be excessive.
To ensure compliance with public policy, each permittee shall strictly comply with all federal laws and regulations and with laws and regulations of the Commonwealth of Pennsylvania, as well as with all ordinances, regulations and permits of the City of Scranton.
To avoid the problem of excessive water runoff and disputes or litigation arising therefrom, an appropriate system of drainage shall be provided at each permitted site.
To prevent pollution of the surrounding area, leachate shall be properly and safely collected, and disposed of in accordance with all applicable federal and state laws and regulations, as well as any local regulations or ordinances.
To avoid a threat to the public health, no hazardous waste or infectious waste shall be permitted on any permitted site unless such wastes are specifically allowed under permits issued by both the United States Government and the Commonwealth of Pennsylvania; there is strict compliance with all applicable federal, state and City laws, ordinances and regulations; and such wastes are constantly held in appropriate closed containers so that there is no spill, leakage or other discharge into the ground, water or air surrounding the site.
To ensure compliance with these performance standards and with all City ordinances, regulations and permits, the permittees of any permitted site under this Article shall guarantee access to the property for reasonable inspections by City officials, as they may deem necessary.
The leakage of gasoline, oil, water or other liquids or solid materials from containers of any kind or from motor vehicles on any permitted site shall not be permitted, and the operator of each site, as well as the owner of the container or vehicle shall be required to stop such leakage, and perform such cleanup as may be necessary to avoid pollution or a threat to public health. Nothing herein shall prevent the City from exercising any legal remedy, or arranging for any necessary cleaning and recovering the amount of moneys expended.
[Amended by Ord. No. 177-1989]
In the event that the permittee does not safely and properly operate such transfer station, sanitary landfill, the temporary emergency storage area, garbage or junk storage vehicle stopping area the City may seek the execution of the surety bond for necessary cleanup and disposition of garbage, junk or other materials illegally stored at the site in violation of this Article. The City may attach a lien onto the property or take other legal steps against the operator of the temporary emergency storage area to recover the full cost of enforcement proceedings, cleanup and disposal of any material, garbage or junk stored improperly or in violation of this Article.
Any person, firm or corporation who shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 per violation and/or imprisonment for a term not to exceed 90 days. Each day said violation exists constitutes a separate violation.