[HISTORY: Adopted by the City Council of the City of DuBois 11-25-2019 by Ord. No. 1842.[1] Amendments noted where applicable.]
This article shall be known as the "City of DuBois Municipal
Solid Waste Ordinance."
A.
It is the
intent and purpose of this article to promote the public health, safety
and welfare and to eliminate public health hazards, environmental
pollution and economic loss by providing that all residential, commercial,
industrial and institutional municipal solid waste accumulated or
stored upon any property within the City of DuBois shall be collected,
transported and disposed of within the following conditions:
(1)
All
residential, commercial, industrial, and institutional properties
shall be served by the City's contracted hauler.
(2)
All
municipal solid waste shall be disposed of at an approved facility,
in accordance with the Clearfield County Solid Waste Management Plan,
as well as municipal, state, federal and county laws and ordinances.
B.
These conditions
are established to assure municipality compliance with the Municipal
Waste Planning, Recycling and Waste Reduction Act, Act of July 28,
1988, (P. L. 528, No. 101), Pennsylvania Act 101, found at 53 P.S.
§ 4000.101 et seq.
As used in this article, the following terms shall have the
meanings indicated:
All waste materials too large for collection in ordinary
containers. Examples of bulk waste include: furniture, appliances,
carpeting and similar items. Bulk waste shall not consist of any items
that may be packaged and disposed of using regular trash collection
procedures.
The governmental jurisdiction and legal entity of the City
of DuBois, a third-class city in Clearfield County, Pennsylvania.
Any establishment engaged in a nonmanufacturing or nonprocessing business,
including but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters. Multifamily dwelling units, manufactured
home parks, hotels, motels, mixed-use properties (combined business/residential
on a single parcel) and farms which use commercial dumpsters shall
be considered commercial establishments. Does not include properties
where primary permitted use is residential and accessory use is commercial
(i.e., home occupations).
The owner of any residential, commercial, industrial or institutional
property located within the City of DuBois.
Lumber, roofing material, sheathing, rubble, broken concrete,
macadam, plaster and brick, conduit, pipe, insulation and other material
which results from a construction, demolition and remodeling process.
One or more rooms on premises which having cooking facilities
and are arranged for occupancy by one person, two or more persons
living together or one family. Each dwelling unit within a noncommercial
building shall be considered an individual residential customer served
by curbside refuse and recycling collection.
An agreement entered into by the City of DuBois, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste generated within the boundaries of
the City to the extent provided by this article and the agreement.
A person who collects, transports and/or disposes of municipal
solid waste, recyclable materials and bulk waste from residential,
commercial, industrial and institutional establishments or community
activity. The term may be applied to a person having the exclusive
right to collect within the City. All such haulers shall comply with
the provisions under the Pennsylvania Waste Transportation Safety
Act (Act 90),[1] as well as all federal, state, county and local laws,
rules and regulations.
Any establishment engaging in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings (Act 101, Section
103).[2]
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
Any garbage, refuse, industrial lunchroom or office waste and
any other material including solid waste, liquid, semisolid or contained
gaseous materials resulting from the operation of residential, municipal,
commercial, industrial 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 from a municipal,
commercial, industrial or institutional water supply treatment plan,
waste water treatment plant or air pollution control facility (Pennsylvania
Act 101, Section 103, found at 53 P.S. § 4000.103).
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
The collection and separation of aluminum, steel, and bimetal
cans; green, brown, blue, and clear glass; newsprint and bundles of
magazines; unwanted mail; mixed office paper; paperboard; all plastic
bottles (1 through 7); domestic corrugated cardboard; empty aerosol
and paint cans; and any other materials per Section 1501 of State
Act 101 (found at 53 P.S. § 4000.1501) or added as material
accepted by the Clearfield County Solid Waste Authority (CCSWA) from
time to time.
All municipal solid waste which is regulated by State Act
101 and the Clearfield County Solid Waste Authority, except the following
categories of solid waste:
Bulk waste, including tires and appliances.
Construction/demolition waste.
Sludge.
Infectious/pathological waste.
Ash residue.
Friable asbestos waste.
Source-separated recyclable materials.
Household hazardous waste.
Oversized refuse items.
Grass clippings.
Leaf waste.
Unacceptable waste.
A "dwelling unit" under single ownership or organized as
a condominium or cooperative form of housing, which contains one,
two, three or four dwelling units.
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 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," found at
52 P. S. § 30.51 et seq. 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" (Pennsylvania Act 101, Section 103,
found at 35 P.S. § 691.1 et seq.).
The following categories of solid waste:
Hazardous waste.
Residual waste.
Unsterilized or unprocessed infectious or pathological waste.
Chemotherapeutics waste.
Gas cylinders.
Explosives and ordinance materials.
Liquid waste (i.e., containing less than 20% solids by weight
or flowable).
Drums, barrels, and buckets unless lids have been removed and
interiors cleaned and free of any residue.
Radioactive materials.
Any solid waste generated outside of the municipality.
It shall be the duty of every person owning a residential, commercial,
industrial or institutional property within the City where municipal
solid waste is generated and accumulated, by his/her own expense and
cost, except as otherwise specified in this article, to provide and
keep at all times a sufficient number of containers to hold all municipal
solid waste accumulated between intervals of collection of such waste
by a hauler; and to ensure the sanitary and legal disposal of such
waste in accordance with this article and all other municipal, state
and federal applicable laws and regulations.
A.
All refuse accumulated by owners of residential properties and/or the occupants of residential properties shall be placed in containers for collection by a hauler. Refuse containers used for curbside collection shall be watertight, covered plastic or metallic cans or durable and lightweight plastic bags that can be easily and quickly handled by one person. Refuse containers shall be not less than five gallons nor more than 35 gallons in capacity. The weight of a single filled container shall not exceed 40 pounds. Use of bulk containers at multifamily establishments shall comply with the provisions of § 368-6A below.
B.
It shall
be the responsibility of each customer to keep all refuse receptacles
in good repair and sanitary condition. Any receptacle which does not
conform to the provisions of this article or that may have ragged
or sharp edges or any other defect liable to hamper or injure the
hauler shall be promptly replaced upon notice. Failure to comply within
10 days will result in the removal of the defective receptacle as
refuse.
C.
A sufficient
number of refuse receptacles shall be provided by the customer of
the premises. No container shall be so filled that the lid will not
fit tightly.
D.
More than
one family or living unit on the same premises may use the same containers
but each family must pay the established rate as though a separate
container is being used.
E.
Location of containers. For residential properties with curbside collection, each refuse container shall be placed for collection so as to be accessible to the hauler at ground level and at a point immediately behind the curbline of the street, within no more than 10 feet of the cartway of the street or alley from which the connection with a vehicle is made if there is no curbings, or at a location mutually agreeable between the resident, the City and the hauler. Failure to place containers at such locations may result in refuse not being collected. Pickup at alternate locations may occur in accordance with agreement between customer and hauler. Location of bulk containers at multifamily dwelling units shall be in accordance with § 368-6B below.
F.
Failure
to remove refuse containers from the curb or street after two days
shall constitute a violation of this article, subject to the penalties
contained herein.
G.
Persons
with physical disabilities (due to age, poor health, or as defined
in the Americans With Disabilities Act) whose residence is included
under the City's exclusive contract may place refuse at other-than-street
or alley locations at no additional charge when approved by the City
Manager or his designee.
A.
Containers. Storage of municipal solid waste on commercial, industrial and institutional properties shall be done in a dumpster for collection by a hauler. If the amount of waste generated per week is less than a two-yard dumpster, the same type of containers as required for residential properties as defined in section § 368-5 shall be allowed if agreed upon by both the customer and the hauler.
B.
Location
of containers. Dumpsters for the storage and collection of municipal
solid waste at commercial, industrial or institutional properties
shall be placed, whenever possible, at ground level and at a point
on the property being serviced by the hauler which will enable clear
and easy access to the dumpster by the hauler's vehicle. The location
on the customer's premises shall be at a place agreed upon by the
customer of the commercial, industrial or institutional property and
the hauler. This location and buffering, if required, shall be in
compliance with zoning or other applicable municipal requirements
for the location of such containers. Such locations shall not interfere
with regular travel upon public or private sidewalks, walkways, driveways,
roads, streets, highways, alleys or entrances and exits of public
or private buildings.
It shall be unlawful for any person other than persons defined
herein to collect and/or transport municipal solid waste, which is
generated within the City, as a regular hauling business. The City
may decide to enter into an exclusive contract for residential and/or
commercial refuse collection or any part thereof.
A.
Any person transporting municipal solid waste within the City shall
prevent or remedy any spillage from vehicles or containers used in
the transport of such municipal solid waste. The haulers shall collect
municipal solid waste in vehicles which are suitable for such collection,
which are dedicated for use in performance of such collection, and
which bear prominent legible marking, signs, or decals identifying
them as being municipal solid waste collection vehicles, and stating
the name and phone number of the hauler. The vehicles shall be securely
covered, watertight, strongly built and kept thoroughly cleaned and
well maintained. Except for roll-offs, open trucks or trucks covered
with tarps will not be used for the collection of municipal solid
waste. Open trucks may be used for the collection of bulk waste, provided
that the truck is tarped.
B.
The City, or its designated agent, shall have the authority to inspect
the vehicles used for the transport of municipal solid waste as it
deems necessary to determine compliance with this article or any other
ordinance, resolution and/or regulation of the City. The hauler shall
correct deficiencies immediately upon notification by the City or
its designated agent, and said vehicle shall not be used for refuse
collection until the deficiencies have been corrected.
All municipal solid waste produced, collected and transported
from within the jurisdictional limits of the City shall be disposed
of at the facilities designated in the Clearfield County Solid Waste
Management Plan, which plan is on file in the Clearfield County offices.
It shall be unlawful for any person to bring any municipal solid
waste into the City of DuBois or to transport municipal solid waste
from one address to another within or outside of the City for the
purpose of taking advantage of the collection service to avoid the
cost of collection.
A.
Bulk waste
shall be disposed of in accordance with the Clearfield County Solid
Waste Management Plan at a permitted disposal facility, a facility
especially designated by the City to take such bulk items or a legitimate
salvage dealer this is in the business of disposing of or recycling
such items. Bulk waste may be transported in a vehicle appropriate
to the type of waste so as to prevent spillage, accidental loss, etc.
B.
Nothing
contained herein shall be deemed to prohibit any person not regularly
engaged in the business of collecting municipal solid waste from hauling
his/her bulk waste to a permitted disposal facility or to a disposal
facility as designated by the City in accordance with the regulations
of the disposal facility.
All waste materials resulting from the building, structural
alteration, repair, construction or demolition of building or structures
shall be disposed of as permitted by applicable City, county, state
and federal laws and regulations as may be in effect or as may be
subsequently imposed. It shall be the responsibility of the property
owner to ensure the disposal of such waste in accordance with applicable
laws and regulations. Nothing contained herein shall be deemed to
prohibit any person not regularly engaged in the business of collecting
municipal solid waste from hauling his/her construction and demolition
waste to a state-permitted disposal facility or to a disposal facility
as designated by the City in accordance with the regulations of the
disposal facility.
The provisions of this article do not apply to anything but
the storage, collection, transportation and disposal of municipal
solid waste and do not apply therefore, to hazardous or residual waste
as defined by the Pennsylvania Solid Waste Management Act and its
amendments.[1] All hazardous or residual waste must be disposed of in
compliance with applicable municipal, state and federal laws and regulations
as may be in effect or subsequently imposed.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
For reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate upon private property in the City, any of the types of refuse and bulk waste defined within § 368-3 of this article.
A.
It shall
be the duty and responsibility of every owner of property on behalf
of the owner and every person occupying a dwelling unit, premises
or place of business within the City where municipal solid waste is
generated to pay a service fee for the collection and disposal of
this waste, except as otherwise provided by this article, to a hauler,
exclusive contractor or to the City if the City has entered into a
contract with the hauler to collect the same on behalf of the hauler
and/or exclusive contractor.
B.
A hauler,
exclusive contractor or the City may discontinue service for nonpayment
of service fees by a residential, commercial, industrial or institutional
establishment. To discontinue residential service, the customer shall
be in arrears and shall have received a shutoff notice during this
period from the City regarding the amount due and procedures for payment.
At the time of the discontinuance of service, the customer shall be
considered in violation of this article. Discontinuance of service
due to nonpayment of service fees shall not relieve the resident or
establishment from abiding by all of the requirements of this article.
The City, or its designated agent, hauler or exclusive contractor
may impose an administrative fee to reinstate customers whose service
is disconnected.
A.
The cost
of such residential or commercial municipal solid waste collection
service, and the responsibility of payment therefor, shall be borne
by the owner of the premises from which said municipal solid waste
is collected or upon which premises said municipal solid waste is
generated and disposed of. No agreement between an owner and occupant
or other person shall relieve the owner of any premises from liability
for payments as set forth hereinafter.
B.
The owner
of each premises will be billed a separate service charge for each
livable unit or each commercial unit in the event that multiple units
are on the premises unless an approved dumpster on-site.
All service fees established under an exclusive contract for
the collection of municipal solid waste by the City shall be established
by a resolution of the City Council of the City of DuBois. Service
charges so established shall be reviewed at least annually and adjusted
as necessary to ensure that all costs involved in the collection and
disposal of municipal solid waste under the exclusive contract, including
the administrative cost of the City, or its designated agent, are
covered by the service charges.
Any person violating any of the provisions of his article shall,
upon conviction by a Magisterial District Judge, be subject to a fine
of not less than $100 nor more than $1,000, together with the cost
of prosecution, or imprisonment in the Clearfield County Jail for
a period of not more than 30 days. If the defendant neither pays nor
timely appeals the judgment, the City may enforce the judgement pursuant
to the applicable rules of civil procedure. Every violator of the
provisions of this article shall be deemed guilty of a separate offense
each and every day such violation continues and shall be subject to
the penalty imposed by this section for each and every separate offense.
In addition to the foregoing penalty, the City may require the owner or occupant of a property to remove any accumulation of waste as identified under § 368-14, and should said person fail to remove such waste after five days following written notice, the City may cause the waste to be collected and disposed of with the cost for such action to be charged to the owner or occupant of the property. Failure by the owner or occupant of the property to pay said charges within 30 days will result in a lien being filed against the property.
Should any section, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason,
the remainder of this chapter shall not be affected thereby.
This chapter or any part thereof may be amended from time to
time in accordance with the procedures as established by law.
The article shall be known as the "City of DuBois Recycling
Ordinance," and the same may be cited in that manner.
The City of DuBois, recognizing the reclamation of recyclable
materials has become an important method for addressing the growing
solid waste disposal problem through conservation of landfill space,
preservation of natural resources and a reduction in energy consumption,
does hereby authorize the storage, collection and transportation of
recyclable materials in accordance with the provisions of the Municipal
Waste Planning, Recycling and Waste Reduction Act (No. 101),[1] the Clearfield County Solid Waste Management Plan, which
plan is on file in the Clearfield County offices and this article.
This article is intended to be an integral part of an overall system
designed to facilitate recycling and foster the cooperation of the
residents.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
The following words and phrases when used in this article shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this article:
Empty all-aluminum beverage and food containers.
Clearfield County Solid Waste Authority.
Empty beverage or food containers consisting of two metals
such as steel, tin or aluminum.
The governmental jurisdiction and legal entity of the City
of DuBois, a third-class city in Clearfield County, Pennsylvania.
Any establishment engaged in a nonmanufacturing or nonprocessing business,
including but not limited to stores, markets, office buildings, restaurants,
shopping centers and theaters. Multifamily dwelling units, manufactured
home parks, hotels, motels, mixed-use properties (combined business/residential
on a single parcel) and farms which use commercial dumpsters shall
be considered commercial establishments. Does not include properties
where the primary permitted use is residential and accessory use is
commercial (i.e., home occupations).
Church, school, civic, service group, municipal functions
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The scheduled collection and transportation of recyclable
materials placed at the curbline or other area designated by the collector.
The owner of any residential, commercial, industrial or institutional
property located within the City.
An agent, acting on behalf of the City, whose powers and
responsibilities are established in an intergovernmental agreement
or similar document.
Those specified locations, staffed or unstaffed, where recyclable
materials may be taken at specified times.
One or more rooms on premises which have cooking facilities
and are arranged for occupancy by one person, two or more persons
living together or one family. Each dwelling unit within a noncommercial
building shall be considered an individual residential customer served
by curbside refuse and recycling collection.
The official designated herein or otherwise charged with
the responsibilities of administering this article, or the official
authorized representative.
An agreement entered into by the City of DuBois, or its designated
agent, with a private person or corporation for the collection and
disposal of all municipal waste generated within the boundaries of
the City to the extent provided by this article and the agreement.
Bottles and jars made of clear, green or amber glass. Expressly
excluded are noncontainer glass, automobile glass, plate glass, blue
glass, lead crystal, porcelain, and ceramic products.
A person who collects, transports and/or disposes of municipal
solid waste, recyclable materials and bulk waste from residential,
commercial, industrial and institutional establishments or community
activity. The term may be applied to a person having the exclusive
right to collect within the City. All such haulers shall comply with
the provisions under State Act 90,[1] as well as all federal, state, county and local laws,
rules and regulations.
Plastic bottles and jars made exclusively from noncolored
high-density polyethylene, such as milk and water jugs.
All white paper, bond paper, and computer paper used in commercial,
industrial, institutional and municipal establishments.
Any establishment engaging in manufacturing or processing,
including but not limited to factories, foundries, mills, processing
plants and refineries.
Any establishment engaged in service to persons, including
but not limited to hospitals, nursing homes, orphanages, schools and
universities.
Includes, but not be limited to automotive, truck and industrial
batteries that contain lead.
Leaves, garden residue, shrubbery and tree trimmings, and
similar material but not including grass clippings. (Act 101, Section
103[2])
A type of residential property either under single ownership
or organized as a condominium or cooperative form of housing, which
contains five or more dwelling units.
Any garbage, refuse, industrial lunchroom or office waste
and any other material including solid waste, liquid, semisolid or
contained gaseous materials resulting from the operation of residential,
municipal, commercial, industrial 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 from
a municipal, commercial, industrial or institutional water supply
treatment plant, waste water treatment plant, or air pollution control
facilities (Pennsylvania Act 101, Section 103, found at 53 P.S. § 4000.103).
All paper of the type commonly referred to as "newsprint"
and distributed at fixed intervals having printed thereon news and
opinions, containing advertisements and other matters of public interest.
Expressly excluded are newspapers which are wet, yellowed or soiled.
An individual, partnership, corporation, association, institution,
cooperative enterprise, municipal authority, federal government or
agency, state institution or agency or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
Plastic soda bottles composed of the polymer PET.
The collection and separation of aluminum, steel, and bimetal
cans; green, brown, blue, and clear glass; newsprint and bundles of
magazines; unwanted mail; mixed office paper; paperboard; all plastic
bottles (1 through 7); domestic corrugated cardboard; empty aerosol
and paint cans; and any other materials per Section 1501 of State
Act 101 (found at 53 P.S. § 4000.1501) or added as material
accepted by the Clearfield County Solid Waste Authority (CCSWA) from
time to time.
A dwelling unit under single ownership or organized as a
condominium or cooperative form of housing, which contains one, two,
three or four dwelling units.
Empty all-steel food and beverage containers.
Those recyclable materials separated under the provisions of
this article shall not be considered municipal waste and shall not
be subject to the provisions of municipal ordinances which require
disposal of municipal solid waste at the Clearfield County Solid Waste
Authority facilities by a hauler as defined herein.
The City hereby establishes a program for the mandatory separation
of recyclables from municipal solid waste by residential dwellings
and commercial, industrial and institutional establishments.
A.
All recyclable material accumulated by owners of residential, commercial, industrial
and institutional properties and/or occupants of said properties shall
be placed in containers for collection by a hauler.
B.
It shall
be the responsibility of each customer to keep all recycling receptacles
in good repair and sanitary condition.
C.
More than
one family or dwelling unit on the same premises may use the same
containers but each family must pay the established rate as though
a separate container is being used.
D.
Location
of containers. For residential and commercial properties recycling
containers shall be placed near refuse containers for collection.
Pickup at alternate locations may occur in accordance with agreement
between customer and hauler.
A.
All recyclable materials generated within the City shall be collected by a hauler. A commercial, industrial and institutional establishment may utilize an individual recycling program in conformance with §368-30.
B.
The City
or its designated agent may, through a competitive bidding process,
award an exclusive service contract for all or part of residential
recycling collection.
A.
Commercial,
industrial and institutional establishments conducting their own recycling
programs, not in conjunction with a hauler or under an exclusive contract
as may be established by the City for the collection of municipal
waste and recyclables, shall file with the City or its designated
agent and have approved by the City or its designated agent, plans
for individual recycling programs which provide for, at a minimum,
the recycling of items listed in rules and regulations for the recycling
program.
B.
In addition
to filing an individual recycling plan, commercial, industrial and institutional
customers who choose to establish an individual recycling program
are required to submit semiannually to the City or its designated
agent, weigh slips or other certification which show by weight and
type of material recycled by that establishment. If weigh slips are
not used, the form of certification requires the prior approval of
the City or its designated agent. Required information is due within
60 days of the end of the reporting period designated in the regulations
for the recycling program.
C.
An individual
recycling plan for commercial, industrial or institutional establishments
shall provide the following information:
(1)
Applicant's
company name, address, telephone number, contact person and owner's
name.
(2)
Company
name, address, telephone number, and contact person for entity providing
the recycling service.
(3)
Description
of materials to be recycled, frequency of collection, method of storage
and how service will be provided.
(4)
Form
of certification to assure proper disposal of recyclable materials.
(5)
Municipality
in which the establishment is located.
(6)
Other
information as may be required by the City or its designated agent
which is intended to assure the proper disposal of recyclable materials.
The City or its designated agent shall establish and promulgate
regulations on the manner, days and time of collection of recyclable
materials and for the bundling, handling, location and time of placement
of such materials for collection. Regulations shall be promulgated
for each of the programs undertaken for residential dwelling units,
and commercial, industrial and institutional establishments.
A.
Lead-acid
batteries. No person shall place a used lead-acid battery in mixed
municipal solid waste, discard or otherwise dispose of a lead-acid
battery except by delivery to an automotive battery retailer or wholesaler,
to a secondary lead smelter permitted by the Environmental Protection
Agency, or to a collection or recycling facility authorized under
the laws of the Commonwealth of Pennsylvania.
B.
Leaf collection.
All residential customers and commercial, industrial or institutional
establishments who gather leaves shall separate all leaf waste from
municipal solid waste and place it for collection at the times and
in the manner theretofore or hereafter prescribed by the City. Nothing
herein shall require any person to gather leaf waste or prevent any
person from utilizing leaf waste for compost, mulch or other agriculture,
horticulture, silvicultural, gardening or landscape purposes.
It is understood that any recyclable materials located at the
curbline are the property of the City. It is further understood that
any recyclable materials deposited in storage bins associated with
commercial, industrial and institutional establishments belong to
the property owner. Recyclable materials deposited in containers owned
by the Clearfield County Solid Waste Authority are the property of
the Authority.
For reasons of health and sanitation, it shall be unlawful for any person to accumulate or permit to accumulate upon private property in the City, any of the types of recyclables defined within § 368-24 of this article.
The City Council of the City of DuBois shall appoint an enforcement
officer or officers to enforce and administer the provisions of this
article.
Any person may donate or sell recyclable materials to individuals
or organizations. Otherwise, such materials are to be placed at curbside,
in dropoff facilities or storage bins or similar authorized locations
for collection by the exclusive contractor or hauler as applicable.
A.
Nonparticipation.
(1)
Upon
the discovery of any violation under the terms of this article, the
City may, through its authorized agent, give notice to the owner or
occupant of a violation hereunder, either by personal delivery to
such owner or occupant, by United States Mail directed to the last
known address of such person or persons, as shown in the real estate
registry record of the City, or by leaving the same on the premises
where such violation occurs.
(2)
Such person shall, within seven days after the delivery, mailing or leaving of such notice, make settlement by paying to the City Treasurer of the City of DuBois a sum of not more than $600 for the violation. Upon the failure of such person to make a settlement, as aforesaid, within seven days, the City may institute an action for violation pursuant to Subsection B.
(3)
Nothing
contained in this section shall affect, in any way, the provisions
of this article regarding separate offenses for every day any violation
occurs.
B.
Fines for nonparticipation or nonpayment. On neglect or refusal of the occupant of any dwelling serviced by curbside recycling collection, residential dwelling unit or commercial, industrial or institutional establishment, to separate recyclable materials from municipal solid waste and place them at curbside or sites established by the City or its designated agent, or make a settlement as provided in Subsection A, that person shall, upon conviction before a Magisterial District Judge of such violation, be sentenced to pay a fine of not less than $100 nor more than $1,000, together with the cost of prosecution, or imprisonment in the Clearfield County Jail for a period of not more than 30 days. If the defendant neither pays nor timely appeals the judgment, the City may enforce the judgment pursuant to the applicable rules of civil procedure. Each violation shall constitute a separate offense.
C.
Unauthorized
collection. If any person, firm, corporation or other entity, unauthorized
by the City or its designated agent collects or removes or causes
to be collected or removed any such recyclable materials as specified
in the City's ordinances and regulations, or in violation of the provisions
of this article, such person, firm, corporation or other entity shall,
upon conviction by a Magisterial District Judge is a summary proceeding,
be subject to a fine of not less than $100 nor more than $1,000, together
with the cost of prosecution, or imprisonment in the Clearfield County
Jail for a period of not more than 30 days. If the defendant neither
pays nor timely appeals the judgment, the City may enforce the judgment
pursuant to the applicable rules of civil procedure. Each day of a
violation shall constitute a separate and distinct offense and shall
be subject to separate summary proceedings before a Magisterial District
Judge, and be subject to a penalty imposed by this section for each
and every day that such violation shall continue.
D.
Pilfering
of collection containers. If any person is responsible for pilfering
of collection containers issued to a residence slated for either curbside
collection or any other phase of the City's Recycling Program, such
person shall, upon conviction by a Magisterial District Judge in a
summary proceeding, be subject to a fine not less than $100 nor more
than $1,000, together with the costs of prosecution, or imprisonment
in the Clearfield County Jail for a period of not more than 30 days.
If the defendant neither pays nor timely appeals the judgment, the
City may enforce the judgment pursuant to the applicable rules of
civil procedure. Each day a violation shall constitute a separate
and distinct offense and shall be subject to separate summary proceedings
before a Magisterial District Judge and be subject to a penalty imposed
by this article for each and every day that such violation shall continue.
The affected resident will be responsible for replacing any missing
container through purchase from the City of DuBois or its designated
agent.
