City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg 7-3-2018 by Ord. No. 5-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 9-301, Municipal Waste and Recycling, adopted by Ord. No. 22-1992, as amended.
This Part 3 of Title 9 shall be known and may be cited as the "Municipal Waste, Recycling, and Composting Code" of the City of Harrisburg.
The following terms shall have the meanings given herein for the purposes of this Part 3. Other terms not defined in this Part may be found in § 1-301.3, Statutory construction, and § 1-302.1, Glossary of Terms.
ACT 101
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, as amended.[1]
ASH
The residue from the burning of wood, coal, coke, and other combustible materials for residential heating.
BULK ITEM
A large household item that shall be considered municipal waste but cannot fit into a municipal waste receptacle for collection. This includes, but shall not be limited to: file cabinets, chairs, tables, desks, sofas, box springs, mattresses, and entertainment units.
CARDBOARD
All corrugated or other cardboard normally used for packing, mailing, shipping, or containerizing goods, merchandise or other material, but excluding plastic-, foam- or wax-coated or soiled cardboard.
CART
The receptacle used by residential households for the express purpose of storing municipal waste or recycling for collection by the City or its agent(s).
COMMERCIAL
Any structure or part of a structure within the City used for commercial purposes or not used solely as a residential property. This includes, but shall not be limited to: businesses, apartment buildings with five or more individual domiciles, and structures that are partially residential and partially nonresidential.
COMPOSTING MATERIAL
Materials that are biodegradable and can be source-separated to be converted into a valuable soil additive/fertilizer. Leaves, tree trimmings, and other yard waste are examples of composting material.
CONSTRUCTION AND DEMOLITION WASTE (C&D WASTE)
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 does not include the following if they are separate from other waste and are used as clean fill:
A. 
Uncontaminated soil, rock, stone, gravel, brick and block, concrete and used asphalt.
B. 
Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
COUNTY
The County of Dauphin, Commonwealth of Pennsylvania.
COUNTY PLAN
The Solid Waste Management Plan for Dauphin County as approved by the Pennsylvania Department of Environmental Protection.
DIRECTOR DPW
The Director of the Department of Public Works of the City of Harrisburg.
DISPOSAL FACILITY
The municipal waste disposal facility designated to receive municipal waste generated within the City.
DUMPSTER
The receptacle used by commercial premises for the express purpose of storing municipal waste or recycling for collection by the City or its agent(s).
ELECTRONIC WASTE
Any electrical or electronic devices or equipment to be discarded; also referred to as "e-waste."
ENFORCEMENT OFFICER
The employee or agent of the City vested with the authority of a law enforcement officer and whose duties primarily involve the enforcement of the Municipal Waste, Recycling, and Composting Code and its corresponding rules and regulations.
GLASS, BOTTLES, AND JARS
All glass (clear and colored) food and/or beverage containers.
HAZARDOUS WASTE
Any material or substance which, by reason of its composition or characteristics:
A. 
Is toxic or hazardous waste, as defined in any applicable law; the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.; or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., as the same may be amended, replaced or superseded, and any regulations, orders, guidelines and policies implementing the same;
B. 
Constitutes material regulated by the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., as the same may be amended, replaced or superseded, and any regulations, orders, guidelines and policies implementing the same;
C. 
Constitutes materials within the meaning of the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., as the same may be amended, replaced or superseded, and any regulations, orders, guidelines and policies implementing the same; or
D. 
Under any other law of similar purpose or effect, or under regulations and policies implementing same, is not permitted to be processed at the disposal facility.
HOUSEHOLD HAZARDOUS WASTE (HHW)
Waste that would be considered hazardous waste under the Pennsylvania Solid Waste Management Act of 1980 ("Act 97")[2] but for the fact that it is produced in quantities smaller than those regulated as hazardous waste under Act 97 and is generated by persons not otherwise covered as hazardous waste generators by Act 97. Household hazardous waste is unacceptable waste for purposes of disposal in the City of Harrisburg.
IMPROVED PROPERTY
Any property upon which is located a building, mobile trailer unit or other structure, whether or not attached to the land. Parking lots with surface material construction, including crushed stone, concrete and asphalt, for the purpose of providing an area for the off-street parking of vehicles, shall be considered to be an improved property; provided, however, that land upon which no structures are located other than surface materials, and which is not used for any purpose, shall not be deemed to be improved property.
MEDICAL WASTE
Regulated medical waste and potentially infectious waste materials, which includes laboratory, dialysis or biological waste; waste generated in the diagnosis, treatment, or immunization of people or animals; human pathological waste; blood, cultures, needles, scalpel blades; contaminated animal carcasses; waste which may have come in contact with infectious agents; and materials contaminated with blood, including wearing apparel, bedding or other items from homes or other places where highly infectious or contagious diseases have occurred.
METAL CAN
A container, composed of aluminum, tin, steel, or other metal, or a combination thereof, which formerly contained only nonaerosol edible substances. The term includes, but shall not be limited to, cans which once contained such items as vegetables, meats, fruits, or juices. The term shall not include aerosol cans, cans containing hazardous cleaning substances, automotive supply cans (e.g., transmission fluids, motor oils, etc.), and other similar containers.
MUNICIPAL WASTE
Any garbage, refuse, industrial lunchroom or office waste, and other material, including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[3] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. Commonly known as "trash" or "garbage," municipal waste consists of everyday items such as product packaging, furniture, clothing, waste glass, food scraps, and alkaline batteries. The term does not include C&D waste, source-separated recyclable materials, paint, hazardous waste, household hazardous waste, waste treatment plant and sewage treatment plant sludge or residual waste.
OFFICE PAPER
High-grade paper items typically generated by offices and/or commercial entities. This includes, but shall not be limited to: copier paper, letterhead paper, notepad paper, and other similar office paper that is white or pastel in color.
OPEN BURNING
A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
PICKUP POINT
A location(s) designated by the Director DPW where recyclables are to be placed for collection.
PRIVATE HAULER
Any person, other than the City or other governmental entity, who collects and disposes of municipal waste, recycling, or composting generated in the City.
PROHIBITED MATERIALS
Any item that is not acceptable material to be processed through the means in which it has been disposed.
RECYCLABLE MATERIAL
A material, which would otherwise become municipal waste, which can be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
RECYCLING
The process by which materials, which would otherwise become solid waste, are collected, separated or processed for the purpose of being returned to the economic mainstream in the form of raw materials or products.
RECYCLING BARREL
A receptacle used for the express purpose of storing recyclables for collection by the City or its agent(s).
RESIDENTIAL PROPERTY
Any structure in the City used or designed to be used as a residential dwelling space.
RESIDUAL WASTE
Any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials, resulting from industrial mining or agricultural operations or 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 shall not include coal refuse as defined in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the "Coal Refuse Disposal Control Act."[4] The term shall not include treatment sludge from coal mine drainage treatment plants, disposal of which is being carried on pursuant to and in compliance with a valid permit issued pursuant to the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law."[5]
SCRAP METAL
Any appliances or furniture made primarily out of metal, such as stoves, water heaters, clothes washers, clothes dryers, and file cabinets, or materials left over from product manufacturing and consumption or parts of vehicles, building supplies, and surplus materials, that are primarily composed of metal and suitable for reprocessing.
SINGLE-STREAM RECYCLING
Household recycling material that can go into the recycling barrel for curbside collection.
SOURCE-SEPARATE
To separate materials from the municipal waste stream at the point of waste generation to be collected and processed accordingly.
UNACCEPTABLE WASTE
Unacceptable waste includes the following:
A. 
Any material that by reason of its composition, characteristics, or quantity is ineligible for disposal at any county-designated facility pursuant to the provisions of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations thereunder, or any other applicable law, rule, or regulation (including but not limited to the following laws and regulations, if any, promulgated under each: the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Sites Cleanup Act, Act 108, enacted October 18, 1988;[6] and any similar or substituted legislation or regulations or amendments to the foregoing, as well as any laws coextensive with the foregoing);
B. 
Any other materials that any governmental agency or unit having appropriate jurisdiction has determined to be ineligible for disposal at any county-designated facility;
C. 
Any waste that a county-designated facility is precluded from accepting pursuant to an existing permit governing that facility;
D. 
Hazardous waste and household hazardous waste;
E. 
Residual waste;
F. 
Special handling municipal solid waste, including, but not limited to, friable asbestos waste, sludge, infectious/pathological waste, and chemotherapeutic waste;
G. 
An individual truckload of municipal waste which contains white goods (e.g., refrigerators, freezers, washers, dryers, dishwashers, air conditioners, stoves, ranges and any similar appliances) in quantity and/or whole tires in quantity; or
H. 
Any other materials that present an endangerment to a county-designated facility or the public health and safety, including truckloads of leaf and yard waste.
VACANT PROPERTY
Any building (whether commercial or residential), structure, lot, or parcel of land which is not legally occupied or inhabited. A reasonable-person standard shall be used in determining whether a property is vacant. Some indicators that a property is vacant include but are not limited to:
A. 
Lack of human activity, furnishings, or equipment inside the building or structure;
B. 
Accumulated mail, newspapers, circulars, shutoff notices;
C. 
Lack of utility services (water, electricity, natural gas);
D. 
Broken or boarded-up windows or doors.
Vacant property shall include any building, structure, lot, or parcel of land where no municipal waste has been generated for collection for at least 90 consecutive days. Vacant property shall not include property that is unoccupied and undergoing construction, renovation, or rehabilitation in compliance with applicable legislation, regulations, codes, and ordinances.
WASTE GLASS
Light bulbs, window glass, mirrors, laminated glass (car windows), and wired or tempered glass. Waste glass is municipal waste.
YARD WASTE
Includes leaves, grass clippings, tree trimmings, brush, chipped shrubbery, and garden residue.
YARD WASTE FACILITY
A dropoff point or area designated by the City where leaves, tree trimmings, brush and garden residue, and, if designated, grass clippings, can be collected for processing.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[4]
Editor's Note: See 52 P.S. § 30.51 et seq.
[5]
Editor's Note: See 35 P.S. § 691.1 et seq.
[6]
Editor's Note: See 35 P.S. § 6020.101 et seq.
The City reserves the right to and retains the option, at its discretion, to designate certain materials for source-separation; to require deposit of such materials into separate receptacles; to prescribe the method of disposal; and to direct other related activities as determined necessary. All residents and businesses within the City of Harrisburg shall participate in the process of source-separating. The City finds that the reduction in the amount of municipal waste and the conservation of recyclable and compostable materials is an important public concern and is necessary to implement the requirements of Pennsylvania Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, and the Solid Waste Management Plan for Dauphin County, as approved by the Pennsylvania Department of Environmental Protection. The separation of materials for recycling and composting from residential and commercial establishments in this City will minimize potential adverse environmental effects of landfilling by reducing the need for additional landfills and conserving existing landfill capacity; facilitate the implementation and operation of other forms of resource recovery called for by the county plan; conserve natural resources; and reduce the cost of municipal waste disposal generally.
Sanitation services shall be supervised by the Director DPW. Authority is hereby conferred upon the Director DPW to promulgate rules and regulations concerning the days of collection, pickup points, routes, and the type of receptacle and conveyance as is found reasonably suited to the prompt, effective and efficient collection of municipal waste in the City, and to promulgate rules and regulations with respect to those other specific matters for which such authority is herein granted, and to change and modify any and all such rules and regulations from time to time in the manner provided by law, provided that such rules and regulations shall not be inconsistent with the provisions herewith.