[Ord. 91-6, 5/29/1991, § I]
This Part shall be known as and may be cited as "The Solid Waste and Recycling Collection and Disposal Ordinance of the Township of Kingston."
[Ord. 91-6, 5/29/1991, § II]
The purposes of this Part are to provide for the collection and disposal of garbage, solid waste and recyclable materials produced and generated within the Township of Kingston in the most efficient and economically sound manner, to reduce the volume of garbage and solid waste disposed of within the Township of Kingston; and, further to create and to implement a general municipal waste management plan and project so as to conserve natural resources and to support the right of the residents of Township of Kingston to dwell in a clean and healthy environment.
[Ord. 91-6, 5/29/1991, § III]
As used in this Part, unless the context clearly indicates otherwise, the following words and terms shall be construed as follows:
All empty aluminum food and beverage containers.
Empty food and beverage containers consisting of aluminum, steel and tin coating. A can is bimetallic if a magnet sticks to the sides but not the ends.
Those premises used principally for non-manufacturing or non-processing business, including but not limited to, stores, offices, restaurants, shopping centers, gas stations, and churches.
All events or activities which are sponsored by public, private, nonprofit, and municipal agencies or individuals that include, but are not limited to, fairs, bazaars, socials, and organized athletic events attended by 200 or more people.
Structural paper material with an inner core shaped in rigid parallel furrows and ridges.
The deposition, incineration, injection, dumping, spilling, leaking or placing of solid [waste] into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged into the waters of the Commonwealth of Pennsylvania.
Solid waste resulting from the preparation, cooking, handling, dealing, storing, sale, and consumption of all animal and vegetable wastes.
Empty bottles and jars made of clear, green and brown glass.
Any premises within the Township upon which there is erected a structure intended for habitation, occupancy, or use by human beings or animals, and from which solid waste or recyclable materials shall or may be generated or produced.
Any entity engaged in manufacturing, industry, trade or business process.
Any facility that houses or serves groups of people including, but not limited to, hospitals, schools, day care centers and nursing homes.
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
The public facilities operated by the member municipalities and Dallas Area Municipal Authority.
This political subdivision of the Commonwealth of Pennsylvania.
Paper of the type commonly used for newspaper 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.
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Authority's service area.
Any individual, partnership, company, business organization, association, society, corporation or other group or entity.
Empty plastic food and beverage containers.
Any person or business organization which provides collection, transportation, and disposal services of solid waste, who is not an agent or contractor of the municipality.
Materials enumerated in Act 101 of 1988 of the Commonwealth of Pennsylvania, and materials identified by the Township or its agent or contractor for recycling.
A single or multifamily dwelling including, but not limited to, condominiums units, apartments, and mobile homes.
Materials or substances, discharged or rejected as being spent, useless, worthless, or in excess by a person and any garbage, refuse, industrial, lunchroom or office waste and other material including solid, liquid or semi-solid or contained gaseous material resulting from the operation of residential, municipal, commercial, industrial or institutional establishments. The term does not include recyclable materials or materials approved for beneficial use by the Township, or its agent or contractor.
[Ord. 91-6, 5/29/1991, § IV; as amended by Ord. 2000-2, 3/8/2000, §§ 1,2; and by Ord. 2003-9, 11/12/2003, §§ 1,2]
1.
It shall be unlawful hereafter to accumulate, collect, transport, remove, deposit, maintain or dispose of garbage, solid waste, and recyclable materials upon any public or private property within the Township of Kingston, except in accordance with the terms and provisions of this Part.
2.
An owner, lessee, tenant, or occupant of any unimproved premises or any building, structure, or like improvement erected upon any real property situated within the Township of Kingston and used for any purpose whatsoever shall be liable for the collection and disposal of all garbage, solid waste, and recyclable materials produced or generated upon or within the premises, building or structure owned or occupied by a person in accordance with the terms and provisions of this Part.
3.
It shall be unlawful for any owner, lessee, tenant, or occupant of any residential dwelling to place solid waste, recyclable materials, plastics, newsprint, glass containers, aluminum containers, corrugated paper, bimetallic containers, garbage, or any other item collected under this Part, or as may be collected in the future, at the curbside for collection by the designated contractor earlier than 24 hours in advance of the scheduled pickup.
4.
It shall be unlawful for any owner, lessee, tenant, or occupant of any residential dwelling to place solid waste, recyclable materials, plastics, newsprint, glass containers, aluminum containers, corrugated paper, bimetallic containers, garbage or any other item collected under this Part, or as may be collected in the future, at the curbside for more than 24 hours after the scheduled pickup or, the actual pickup, in the event that the regularly scheduled pickup be missed for any reason whatever by the designated collector of such items.
[Ord. 91-6, 5/29/1991, § V; as amended by Ord. 2003-9, 11/12/2003, § 3]
1.
All residential solid waste and source separated recyclable materials, as defined herein, as produced, generated, accumulated or deposited within the Township shall be collected, transported, and disposed of solely and exclusively by the Township or its designated agent. Disposal of any other recyclable materials as determined by the Township or its designated agent that are produced, generated, accumulated or deposited within the Township and are not collected by the Township or its designated agent shall be disposed of only at a location(s) as specified by the Township or its designated agent.
2.
All garbage and solid waste produced, generated, accumulated, or maintained within the Township of Kingston by a commercial, institutional or industrial enterprise, organization or establishment, or a sponsor of any community or public activity within the Township of Kingston shall be collected, transported, and disposed of periodically in a safe and sanitary manner by a private or commercial refuse collector or hauler or a transporter for hire, or by the Township of Kingston, or its agent or contractor, by contract.
3.
No person including, but not limited to, an owner, occupant, lessee, commercial collector, hauler or transporter of residential garbage, solid waste and/or recyclable materials for hire, or otherwise, shall accumulate, deposit, maintain or place or caused to be accumulated, deposited, maintained or placed upon a lot or parcel of real property used for a dwelling or residential purposes within or without a residential district or zone of the Township of Kingston for the purpose of the collection, transportation, or disposal of residential garbage, solid waste or recyclable materials by any entity other than the Township of Kingston, or its agent or contractor.
4.
It shall be unlawful for any person, who is not a permanent resident of the Township of Kingston, to transport or convey into the Township of Kingston or to deposit, place, or dispose of upon or within any premises or structure located in the Township of Kingston any garbage, solid wastes or recyclable materials produced and generated elsewhere for the purpose of the collection, transportation or permanent disposal of any garbage, solid waste, or recyclable materials by anyone within the Township of Kingston.
5.
An owner, occupant, lessee, proprietor, operator, or supervisor of any commercial, institutional, industrial or municipal enterprise, organization or establishment and a sponsor of any community or public activity within the Township of Kingston, shall provide for the private or commercial collection, transportation, and disposal of the recyclable materials of the kind and nature provided in this Part hereafter, which are produced or generated by their use. Each commercial, institutional, industrial or municipal enterprise, organization or establishment and each sponsor of any community of public activity subject to this provision shall account to the Township of Kingston, or its agent or contractor, at least annually for the volume of the recyclable materials caused to be recycled by it hereunder.
[Ord. 91-6, 5/29/1991, § VI]
1.
An owner, lessee, tenant or occupant of any structure used for a dwelling or residential purposes within the Township of Kingston, shall cause to be recycled the following materials produced or generated as household waste therein: aluminum containers, plastics, and steel and bimetallic containers.
2.
As may be provided by resolution hereafter passed, the following may be included in this provision for the recycling of household wastes; clear glass, colored glass containers, high-grade office paper, newsprint, corrugated paper, and bimetallic containers, and such other materials as may be included.
3.
An owner, lessee, tenant, proprietor, operator or supervisor of any commercial, institutional, industrial or municipal enterprise, organization or establishment and a sponsor of any community or public activity within the Township of Kingston shall cause to be recycled the following materials: aluminum cans, high-grade office paper, corrugated paper, leaves, clear and colored glass containers and newsprint.
4.
All recyclable materials collected as provided in Subsections 1 and 2 of this section shall become absolute property of the Township of Kingston, or its agent or contractor, and title thereto shall pass irrevocably when the same are deposited or placed at curbside for collection by the owner, lessee, tenant or occupant of the abutting premises.
[Ord. 91-6, 5/29/1991, § VII]
1.
The Township of Kingston is authorized to contract with Dallas Area Municipal Authority, a municipal authority organized and existing under the laws of the Commonwealth of Pennsylvania and created heretofore by the Borough of Dallas, the Township of Kingston, and the Township of Dallas, Luzerne County, Pennsylvania, for general purposes, for the collection, transportation and disposal of all residential garbage, solid waste and recyclable materials produced and generated within the Township of Kingston.
2.
A contract for such services shall be set forth in a Service Agreement to be entered into between the Township of Kingston and Dallas Area Municipal Authority, which service agreement shall provide, among other things, for the administration of the municipal residential solid waste and recyclable materials collection, transportation and disposal program as created hereunder, and it shall delegate to Dallas Area Municipal Authority the duty to implement and to conduct in all respects the operation of the aforesaid program to the extent and in a manner provided by law.
[Ord. 91-6, 5/29/1991, § VIII]
The Township of Kingston is authorized to levy, charge, assess, adopt, and collect from time to time service charges and fees for the collection, transportation and disposal of garbage, solid waste and recyclable materials within the Township of Kingston, as provided herein, to the extent and in the manner provided by law.
[Ord. 91-6, 5/29/1991, § XI]
Any person who shall place at curbside garbage, solid waste or recyclable materials for collection, transportation or disposal shall be deemed to have given consent, whether express or implied, to the Township of Kingston, or its agent or contractor, to open and inspect any container, receptacle or enclosure containing or purporting to contain garbage, solid waste, or recyclable materials.
[Ord. 91-6, 5/29/1991, § X; and by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 91-6, 5/29/1991; as added by Ord. 2003-9, 11/12/2003, § 4]
A Kingston Township Police Officer, Kingston Township Code Enforcement Officer or person duly authorized by the Township of Kingston, shall have the power and duty to enforce the provisions of this Part.
[Ord. 2015-4, 2/10/2016]
This Part adopts all of those certain general and operational requirements, as applicable, of the Department of Environmental Protection Guidelines, as provided in 25 Pa. Code § 271.103(h), in respect of the use, maintenance and operation of the Township of Kingston yard waste support facility site.
[Ord. 2015-4, 2/10/2016]
As used in this Part, the following terms shall have the meanings indicated:
A person or entity regularly and principally occupied or engaged in the business of furnishing work and labor, and materials and/or equipment, at a certain price or rate for profit or with a clear money-making intention by the performance of tending or maintaining a particular area of land for aesthetic or functional purposes, including, but not limited to, mowing grass, trimming brush, hedges, or shrubbery, or pulling and disposing of weeds or generally keeping or tending lawns and yards or caring for a tract of land or the grounds of another person or entity and motivated by profit to be earned therefrom, whether on a seasonal basis or otherwise.
An individual, an entity, or a family member ("third party") can be designated in writing by any owner or tenant of land lying in the Township of Kingston as the landowner's tenant's yard waste hauler. Such third party so designated cannot derive annual total income in excess of $1,000 from the activity of hauling yard waste. Upon such written designation, the third party may use the Township of Kingston yard waste support facility site, in accordance with the terms of this Part, for the benefit of the Township of Kingston owner or tenant of land lying in the Township, subject to the following condition:
A Township landowner or tenant must secure annually from the Township a permit for use by a designated third-party waste hauler. The designated third party must present the permit to the Township site representative at any time that yard waste is dropped off at the facility site. The permit shall state the Township landowner or tenant's name and address. It must state the name and address of the individual or entity designed as the yard waste hauler for the applicant of the permit. The driver's license of the designated individual or entity must be displayed at time of permit application by the production of the actual license or a photocopy thereof. No permanent record of the driver's license shall be retained by Kingston Township. No permanent records containing a driver's social security number will be retained by Kingston Township. The permit shall be valid for the period from April 1 through November 1 annually. It is the responsibility of the Township landowner or tenant to notify the Township of any change in the designation of the third-party waste hauler and, if necessary by reason of a change of third-party hauler designation, a new facility site usage permit must be applied for and granted.
Vegetative matter or material, including leaves, garden residue, brush, hedge clippings, shrubbery, grass clippings, and tree trimmings; provided, however, that tree trimmings shall be limited to a maximum length of five feet and a maximum diameter of six inches. Holiday and Christmas trees shall constitute yard waste.
[Ord. 2015-4, 2/10/2016]
1.
A gate or other barrier shall be maintained at all potential vehicular access points to block unauthorized access to the site. The site shall be surrounded by adequate fencing.
2.
Access to the site shall be limited to those times only when an authorized attendant is on duty.
3.
The site shall be posted with signage clearly visible from any access road. The signage shall be constructed of a durable, weather-resistant material. The signage shall state the name, address and telephone number of the office of the Township of Kingston.
4.
Noncompostable material, residues, or solid waste, other than yard waste, shall not be allowed to accumulate at the support facility site. Proper disposal or processing of such material shall be provided by the site user.
5.
Yard waste and other municipal solid waste not suitable for composting shall be removed from the support facility site no less frequently than weekly.
6.
Compostable materials or residue shall not be allowed to be carried by any force or otherwise deposited off site.
7.
The attraction, harborage or breeding of vectors shall be prohibited.
8.
Conditions that are harmful to the environment or public health or which cause safety hazards, odors, noise or other public nuisances are strictly prohibited and shall be abated immediately upon the identification of their existence.
9.
The support facility site shall be under daily twenty-four-hour recorded video surveillance.
10.
No skateboarding, bicycling, recreational walking or similar activities by anyone are permitted.
[Ord. 2015-4, 2/10/2016]
No commercial landscaping or groundskeeping contractor shall use the support facility site for any purpose whatever other than in relation to his or its care and maintenance of his or its property owned or rented by him or it situated in the Township of Kingston. Proof of such personally owned property or the tenancy of such property situated in the Township of Kingston must be produced upon demand and approval by the site attendant before any use of the site for any purpose.
[Ord. 2015-4, 2/10/2016]
The following items are specifically prohibited from being dumped, delivered or deposited at the Township of Kingston's yard waste support facility site:
A.
Tree stumps.
B.
Construction materials of any nature of kind, including shingles, pipe and lumber.
C.
Stones, rocks, bricks, concrete, gravel or other similar materials.
D.
Cans or any form of metal materials, including nails and staples.
E.
Glass of any kind.
F.
Plastic, including plastic bags.
G.
Paper, cardboard and magazines.
H.
Dog, cat or other animal waste.
I.
Garden produce such as tomatoes, lettuce, apples, pumpkins, etc.
J.
Ashes of any kind and any burning waste.
K.
Garbage, hazardous waste, industrial waste, medical waste and commercial waste.
L.
Treated lumber, landscaping timber, cross ties, painted wood, wooden furniture, or demolition debris.
M.
Bulky items (appliances), tires or scrap metal.
N.
Grass sod.
[Ord. 2015-4, 2/10/2016]
2.
The yard waste support facility site may be closed at any time by the Township for the purpose of operating equipment on the site, as well as for the inspection of materials being deposited or the maintenance of any equipment.
3.
Yard waste shall be loosely deposited or deposited in biodegradable bags. Any plastic bags containing leaves or grass clippings must be dumped in an appropriate area, and the plastic bags must be removed from the site.
[Ord. 2015-4, 2/10/2016]
[Ord. 2015-4, 2/10/2016]
The following circumstances shall constitute a violation of this Part:
A.
The dumping or depositing of any material other than acceptable yard waste, as defined in § 203 hereof.
B.
The dumping or depositing of any material in an unauthorized section of the yard waste composting site.
C.
The deposit or dumping of any yard waste by a person or entity not entitled hereunder to deposit or dump yard waste hereunder.
D.
The deposit or dumping of any yard waste not originated from within the boundaries of the Township of Kingston.
E.
The deposit or dumping of any yard waste at any time other than the hours, days and months when the yard waste composting site is open for operational use.
[Ord. 2015-4, 2/10/2016]
Any person or entity violating any provision of this Part or part of any order of the Township of Kingston issued pursuant hereto commits a summary criminal offense and shall, upon conviction thereof, be sentenced to pay a fine of not less than $500 nor more than $2,500 for each separate offense, and in default of the payment of such fine, may be sentenced to imprisonment for 90 days in the Luzerne County Correctional Facility to the extent allowed by law for the punishment of summary offenses. Enforcement of any such violations shall be commenced by any employee of the Township of Kingston, who is authorized by the Board of Supervisors of the Township of Kingston, and who is hereby declared to be a law enforcement officer authorized to issue or file citations for summary criminal offenses under this Part, and the Solicitor of the Township of Kingston is hereby authorized to prosecute these offenses before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day on which a violation of this Part continues shall constitute a separate offense, which is punishable by a like fine or penalty.
[Ord. 2015-4, 2/10/2016]
All ordinances and parts of ordinances inconsistent with the terms of this Part are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistencies, and in all other respects, this Part shall be cumulative with the other ordinances regulating and governing the subject matter covered by this Part.
[Ord. 2015-4, 2/10/2016]
If any section or provision or parts thereof in this Part shall be adjudged invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of this Part as a whole or any other section or provision of the part thereof.
[Ord. 2015-4, 2/10/2016]
This Part shall take effect in accordance with law.