This article shall be known as the "Refuse Disposal
Ordinance."
The purposes of this article are to provide
for the collection and disposal of garbage, solid waste, refuse, rubbish
and recyclable materials produced and generated within the Municipality
of Kingston in the most efficient and economically sound manner; to
reduce the volume of garbage and solid waste disposed of within the
Municipality 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 the
Municipality of Kingston to dwell in a clean and healthy environment.
As used in this article, unless the context
clearly indicates otherwise, the following words and terms shall be
construed as follows:
BIMETALLIC 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 to the ends.
COMMERCIAL ESTABLISHMENT
Those premises used principally for nonmanufacturing or nonprocessing
business, including, but not limited to, stores, offices, restaurants,
shopping centers, gas stations and churches.
COMMUNITY ACTIVITIES
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.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
DISPOSAL
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.
GARBAGE
Solid waste resulting from the preparation, cooking, handling,
dealing, storing, sale and consumption of all animal and vegetable
wastes.
IMPROVED PROPERTY
Any premises within the municipality 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.
INSTITUTIONAL ESTABLISHMENT
Any facility that houses or serves groups of people, including,
but not limited to, hospitals, schools, day-care centers and nursing
homes.
LEAVES
Leaves, garden residues, shrubbery and tree trimmings and
similar material, but not including grass clippings.
MUNICIPALITY
This political subdivision of the Commonwealth of Pennsylvania.
NEWSPRINT
Paper of the type commonly used for newspapers 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.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality's service
area.
PERSON
Any individual, partnership, company, business organization,
association, society, corporation or other group or entity.
PLASTICS
Empty plastic food and beverage containers.
RECYCLABLE MATERIALS
Materials enumerated in Act 101 of 1988 of the Commonwealth of Pennsylvania and materials identified
by the municipality or its agent or contractor for recycling.
REFUSE
All matter and materials which are discarded or rejected
by the owners or producers thereof as offensive or useless or which,
by their presence or accumulation, may injuriously affect the health,
comfort and safety of the community; it shall include ashes, garbage,
rubbish and other refuse materials, but shall exclude human body waste
and recyclables.
[Amended 7-7-2014 by Ord. No. 2014-8]
RESIDENTIAL DWELLING
Any noncommercial building used for family dwelling, which
contains not more than 12 dwelling units.
RUBBISH
Solid waste not including recyclables and leaf waste.
[Amended 7-7-2014 by Ord. No. 2014-8]
SOLID WASTE
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
municipality or its agent or contractor.
The Municipality 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 Municipality
of Kingston, as provided herein, to the extent and in the manner provided
by law and to designate said fee by resolution of Town Council.
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 Municipality 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.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed insofar as it affects this article.
If any provisions, sentence, clauses, section
or part of this article is, for any reason whatever, determined to
be invalid, illegal or unconstitutional, such determination shall
not affect or impair any of the remaining provisions or parts of this
article.
The right to amend this article or any portion
thereof from time to time, as is deemed advisable for the effective
administration of this article, is reserved.