City of Nanticoke, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Nanticoke as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumpsters — See Ch. 239.
Nuisances — See Ch. 341.
Property maintenance — See Ch. 368.
[Adopted in 1976 by Ord. No. 9-1976 (Ch. 20, Part 1, of the 2004 Code of Ordinances)]
[Amended 11-23-1998 by Ord. No. 26-1998]
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
ASHES
The residue from the burning of wood, coal, coke and other combustible materials for the purpose of heating and cooking. It shall not include the cinders produced in steam-generating plants.
COLLECTOR or PRIVATE COLLECTOR
Any person, association, partnership, firm or corporation that collects, transports and disposes of refuse, solid waste or construction debris.
CONSTRUCTION DEBRIS
All refuse and solid waste generated as the result of the construction on the property or structure, including refuse and solid waste.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods. It shall not include more than a minimum amount of free liquids. It shall not include food-processing wastes from canneries, packing plants or similar industries, nor large quantities of condemned food products.
PERSON
A natural person, association, partnership, firm or corporation.
REFUSE
All solid waste, except human body waste, including garbage, ashes, glass, metal, paper, plant growth, wood, nonputrescible solid waste and rubbish.
RUBBISH
All waste materials not included in garbage and ashes, except building rubbish from building construction and reconstruction, street refuse, industrial refuse, dead animals, abandoned large machinery or vehicles, or such other waste materials as are not commonly produced in homes, stores and institutions.
SOLID WASTE
Any waste, including, but not limited to, all animal and vegetable waste resulting from the handling, preparation, cooking or consumption of foods; municipal, residual or hazardous wastes including solidified liquids, semisolids or contained gaseous materials.
A. 
All refuse accumulated in the City of Nanticoke shall be collected, conveyed and disposed of by the City of Nanticoke, and the cost of such service shall be paid as provided in the schedule of fees set forth in § 440-5 hereof by the person producing the refuse, or responsible for the existence or disposal thereof, or for whom such refuse is removed. It shall be unlawful for any person to collect, convey over any of the streets or alleys of the City of Nanticoke, or dispose of any refuse accumulated in the City of Nanticoke; provided, however, that this article shall not prohibit the actual producers of refuse or the owners of premises upon which refuse has accumulated from personally collecting, conveying and disposing of such refuse if such producers or owners comply with all regulations for collection, conveyance and disposal prescribed in this article or made by Council or the Director of Streets and Public Improvements under the terms hereof; and provided, further, that collectors of refuse from outside of the City, providing they have the proper City of Nanticoke license as ordained, shall have the right to haul such refuse over City of Nanticoke streets if such collectors comply with the provisions of this section as to their equipment and vehicles, the operation of such equipment and vehicles, and also as to the disposal of such refuse.
B. 
The collection and disposal of refuse in the City of Nanticoke shall be under the supervision of the Director of Streets and Public Improvements. He shall have the authority to make regulations concerning the days of collection, type and location of waste containers, and such other matters pertaining to the collection and disposal as he may deem advisable, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. An aggrieved person shall have the right to appeal against such regulation made by the Director of Streets and Public Improvements to the City Council, which may confirm, modify or revoke any such regulation.
C. 
The producers of refuse or the owners of premises upon which refuse is accumulated who desire personally to collect and dispose of such refuse, and persons who desire to dispose of waste material not included in the definition of refuse, and collectors of refuse outside of the City who desire to haul over the streets of the City shall use a watertight vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped or spilled. Such disposal shall be made outside the City limits, unless expressly authorized by City Council. The Director of Streets and Public Improvements shall have authority to make such other reasonable regulations concerning individual collection and disposal and relating to the hauling over City streets by collectors of refuse from outside of the City as he may deem necessary, subject to the right of appeal as set forth in Subsection B hereof.
D. 
Ownership of refuse material set out for collection shall be vested in the City of Nanticoke; the ownership of all material placed on the City dump shall be vested in the owner of the dump premises.
A. 
Separation of refuse. Garbage, ashes and rubbish shall each be placed and maintained in separate containers.
B. 
Preparation of refuse.
(1) 
All garbage, before being placed in garbage cans for collection, shall have drained from it all free liquids and may be wrapped in paper.
(2) 
All rubbish shall be drained of liquid before being deposited for collection.
(3) 
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
(4) 
Tree trimmings, hedge clippings and similar material shall be cut to a length not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection.
C. 
Refuse containers.
(1) 
Garbage receptacles shall be made of metal, heavy-duty plastic or synthetic material of solid construction and must be watertight and be provided with a tight-fitting cover. No person shall use for the reception of garbage any receptacle having the capacity of more than 10 gallons. All garbage receptacles shall be kept as sanitary as possible in view of the use to which they are put and shall be thoroughly cleansed by the occupant after garbage is removed by the collector.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Ash receptacles shall be made of metal and have a capacity of not more than one bushel.
(3) 
Rubbish receptacles shall be of a suitable kind which can be easily handled by one man.
(4) 
All refuse receptacles shall be provided by the owner, tenant, lessee or occupant of the premises. All refuse receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of this article, that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof, shall promptly be replaced upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
(5) 
No garbage or rubbish receptacle for collection purposes shall be placed at any location from which the collection is made 24 hours before the scheduled collection.
[Added 11-3-2004 by Ord. No. 15-2004]
D. 
Storing of refuse.
(1) 
No person shall place any refuse in any street, alley or other public place, or upon any private property, whether owned by such person or not, within the City, except it be in proper receptacles for collection or under an express approval granted by the City Council. No person shall throw or deposit any refuse in any stream or other body of water.
(2) 
Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulations of refuse within 30 days after the effective day of this article shall be deemed a violation of this article.
(3) 
It shall be unlawful for any person, other than the occupants of the premises on which refuse receptacles are stored for the collector, to remove the covers off any of the contents of refuse receptacles.
E. 
Points of collection. Refuse receptacles shall be placed for collection at ground level on the property, not within the right-of-way of a street, alley, and accessible to and not more than 10 feet from the side of the street or alley from which collection is made.
[Amended 12-1-2004 by Ord. No. 16-2004]
A. 
Frequency of collection.
(1) 
Refuse will be collected at least once each week.
(2) 
Hotels, restaurants and such other businesses and institutions as deem it necessary may enter into an agreement for a greater frequency of collection. Where necessary to protect public health, the Director of Streets and Public Improvements may require that more frequent collections be made.
B. 
Limitation on quantity.
(1) 
It is the intent of this article that the reasonable accumulation of refuse of each family for the collection period will be collected for the standard charge. The Director of Streets and Public Improvements may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
(2) 
It is the intent of this article that large restaurants, hotels, apartments and other businesses and institutions shall have their reasonable accumulations of refuse for the collection period collected at a fair charge based upon the average weight or volume. The Director of Streets and Public Improvements may refuse to collect unreasonable amounts or may make an additional charge for such amounts.
C. 
Special refuse problems.
(1) 
Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Health Officer. Such refuse shall not be placed in containers for regular collections.
(2) 
Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collections but shall be disposed of as directed by the Director of Streets and Public Improvements at the expense of the owner or possessor thereof.
D. 
Dumping area limitations.
(1) 
It shall be unlawful for any person to dump any garbage, rubbish, ashes and other refuse at any place in the City of Nanticoke except at the place or places designated by Council from time to time.
(2) 
Any person, whether as principal or agent or employee, violating or assisting in the violation of this provision or any regulation thereunder shall, upon conviction thereof, be sentenced to pay a fine of not less than $5 nor more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both.
(3) 
After notice of violation of this provision or after conviction thereof, any further violation thereof shall be a separate offense and may be prosecuted accordingly.
[Amended in 1982 by Ord. No. 10-1982; by Ord. No. 15-1982; 1-21-1986 by Ord. No. 9-1986; 12-29-1986 by Ord. No. 11-1987; 3-19-1988 by Ord. No. 12-1988; 1-3-1989 by Ord. No. 11-1989; 12-4-1989 by Ord. No. 18-1989; 12-3-1990 by Ord. No. 16-1990; 12-21-1995 by Ord. No. 13-1995; 12-18-1996 by Ord. No. 2-1997; 11-23-1998 by Ord. No. 26-1998; 12-5-2001 by Ord. No. 14-2001; 11-6-2002 by Ord. No. 14-2002; 12-3-2003 by Ord. No. 14-2003; 12-1-2004 by Ord. No. 16-2004]
A. 
Residential.
(1) 
All persons, residents, corporations, businesses, associations, etc., who or which own any structure in the City of Nanticoke, including any apartment or mobile home, which is used in whole or in part for residential purposes, shall each year be required to pay a collection fee to the City of Nanticoke for the pickup of garbage.
(2) 
It shall be the obligation of the owner of any such residential structure to pay the collection fee to the City of Nanticoke.
(3) 
It shall be the obligation of the owner of a multifamily dwelling to pay the collection fee to the City of Nanticoke for each occupied dwelling unit within one structure.
(4) 
Owners of rental housing properties of four units or more and the property managers of condominiums or townhouses in which each living unit is individually owned must provide for garbage collection in their facility and include the following:
(a) 
Collection receptacles must be provided that are big enough to hold the garbage generated in the building, and the receptacles must be placed at easily accessible locations.
(b) 
Separate collection receptacles must be provided that are big enough to hold the recyclables generated in the building, and the receptacles must be placed at easily accessible locations.
(c) 
Employees and residents of the facility must be informed of the garbage and recycling program, and written instructions must be provided to residents on what materials are recycled and how they are prepared.
(d) 
Garbage must be collected weekly and recyclables twice a month.
(5) 
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 City of Nanticoke except in accordance with the terms and provisions of this article.
(6) 
All residential solid waste and recyclable materials produced, generated, accumulated or deposited within the City of Nanticoke shall be collected, transported and disposed of solely and exclusively by the City of Nanticoke or its agents or contractor.
(7) 
It shall be unlawful for any person who is not a permanent resident of the City of Nanticoke to transport or convey into the City of Nanticoke or to deposit, place or dispose of upon or within any premises or structure located in the City of Nanticoke any garbage, solid waste 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 City of Nanticoke.
B. 
Commercial. All persons who own property, structure or part of a structure in the City of Nanticoke which is used for nonresidential uses shall provide private refuse removal and recycling services to the nonresidential use. Private refuse removal and recycling services may only be provided by a collector licensed by the City of Nanticoke.
C. 
Licensing of private collectors.
(1) 
No person shall collect, remove, haul or convey any refuse or solid waste through or upon any of the streets or alleys of the City or dispose of the same in any manner or place without obtaining a license.
(2) 
The fee for such license shall be payable annually and fixed pursuant to a resolution of the City Council, and all licenses shall be issued for the calendar year or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license after the beginning of the calendar year.
(3) 
Every person who shall apply for a license under this section shall state the types of refuse or solid waste to be collected, the manner of collection and the place and method of disposal.
(4) 
No license shall be granted if the place and method of disposal shall not conform to the requirements of this section.
(5) 
No licensed collector shall make any change in the arrangements for disposal of refuse or solid waste collected by him without the approval of the Code Enforcement Official.
(6) 
It shall be unlawful for any unlicensed collector to collect or remove refuse or solid waste from any property, business or other use within the City.
(7) 
The collector shall be required, at his own cost, to dispose of, at an approved disposal area, all quantities of refuse or solid waste collected by him, and to furnish at his own cost all vehicles, machinery and equipment necessary for proper performance.
(8) 
Each collector applying for a license shall provide a valid agreement, not subject to cancellation, covering use of an approved disposal facility in accordance with the Luzerne County Waste Management Plan and any requirements of the City of Nanticoke.
(9) 
Workers' compensation and social security acts, as amended, are deemed a part of the license. The collector shall be obligated to provide such coverage and shall fulfill the terms and save harmless the City and all its officers, agents and employees, jointly and severally, of and from all manner of losses, suits, actions, payments, costs, charges, damages, judgments or claims or demands of any character, name or description brought on account of any injuries or damages received or sustained by any person, persons or property by reason of any act, omission, negligence or misconduct of said collector, his agents or employees in the execution of the license conditions.
(10) 
The collector granted a license shall not in any manner be construed as an agent, servant or employee of the City, but shall at all times be considered and remain an independent contractor.
(11) 
The licensed collector shall carry an insurance policy providing complete third-party comprehensive liability and property damage insurance, covering not only the collector but also the City. The limits of such insurance shall not be less than $500,000 personal liability and $500,000 property damage, and the collector shall furnish proper certificates of insurance coverage to the City.
(12) 
The collector shall be required to enforce and provide a recycling program for its customers. The recycling program shall meet or exceed the requirements of City ordinances and regulations.
(13) 
The collector shall deliver to the City Code Enforcement Officer a certified list of customers with his license application at least 15 days prior to the date of the license. The list shall be updated monthly by no later than the fifth day of the month, showing both new and terminated customers, and the number of tons of refuse/solid waste and recycling collected, and the location where the refuse/solid waste and recycling materials were disposed of.
(14) 
Any violation of this article shall be sufficient cause for the revocation of the license. City Council will appoint a hearing officer to determine the validity of any complaints against a licensed collector and/or hear appeals regarding the revocation or nonissuance of a collector's license.
(15) 
Any person, firm or corporation, except a licensed collector, who violates any provision of this Subsection C, shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both.
D. 
[1]Construction debris collection. It shall be the responsibility of the owner of any property or structure within the City of Nanticoke that is undergoing construction to provide for the proper disposal of such debris by use of a licensed private collector. The City of Nanticoke shall not provide removal services for construction debris to any person (other than a public entity, if approved by the City).
[1]
Editor's Note: Former Subsections D through G, regarding garbage stickers; fees and payment options; and stickers and fees for pickup of white goods, were superseded 11-6-2013 by Ord. No. 2-2013. This ordinance provided the 2014 fees for refuse, recycling and bulk items and a penalty for nonpayment. It also stated that residents would no longer be provided with window stickers and that fees could henceforth be set by resolution of the City Council. Current fees are on file in the City offices.
[Amended 12-21-1995 by Ord. No. 13-1995; 12-18-1996 by Ord. No. 2-1997; 11-23-1998 by Ord. No. 26-1998; 12-1-2004 by Ord. No. 16-2004]
A. 
Any person, resident, corporation, business, association, etc., not paying his or its garbage sticker fee as required by this article, and each day that the fee remains unpaid, shall constitute a separate violation of this article.
B. 
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both. Each day a violation of this article continues shall constitute a separate offense.
C. 
Anyone paying after the date on which payment is due shall pay a penalty equal to 20% of the payment due in addition to the payment.
[Adopted 11-6-2013 by Ord. No. 3-2013[1]]
[1]
Editor's Note: This ordinance superseded former Art. II, Recycling, adopted 12-5-1988 by Ord. No. 12-1989, as amended.
This article shall be known as the "Mandatory Single-Stream Recycling Law of the City of Nanticoke."
It is the goal and purpose of this article to effectuate the City's compliance with Act 101, by facilitating the efficient disposal of recyclable materials within the City in the most economical, environmentally acceptable manner, and also to reduce the total volume of solid waste disposal by the City of Nanticoke. This article is designed and enacted, in accordance with the City's police powers, to protect the health, welfare and safety of the residents of the City of Nanticoke.
The following words and phrases shall have the meanings given to them in this article unless the context clearly indicates otherwise.
PERSON
Any individual, or any other legal entity whatsoever that is recognized by law as the subject of rights and duties. In any provision of this article prescribing a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
SINGLE-STREAM RECYCLING
The recycling of all materials designated for mandatory recycling as set forth in this article.
A. 
The following items are hereby declared as the designated single-stream recycling materials of the City of Nanticoke:
1-7 plastics
Aluminum cans
Aluminum foil
Cardboard
Cereal boxes
Color paper
Detergent bottles
Empty aerosol cans
Envelopes (window OK)
Egg cartons
File folders
Glass jars and bottles
Hard- and soft-cover books
Juice and milk cartons
Junk mail
Magazines/brochures
Multi 3-ply paper
Newspapers/inserts
Paperboard boxes
Phone books/catalogs
Plastic milk jugs
Plastic soda bottles
Pots and pans
School papers
Small metals
Tin cans
Water bottles
White paper
B. 
Any item not specifically listed in § 440-11A above shall not be commingled with single-stream recyclables, including, but not limited to, the following:
Drinking glasses
Frozen food, ice cream or frozen juice containers
Hazardous or biohazardous waste
Light bulbs, plates or vases
Mirror, ceramic or Pyrex
Napkins
Needles
Paper to-go containers
Paper towels
Plastic six-pack holders
Plastic microwave trays
Plastics other than those listed
Scrap metal
Shredded paper
Stickers or sheets of address labels (affixed address labels and stamps are OK)
Styrofoam
Syringes
Tissues
Tyvek envelopes
Waxed paper
Waxed cardboard
Window glass
C. 
Each resident must establish within the household a program for the effective separation of single-stream recycling from his/her refuse stream. Said recyclable materials must be kept separate from other solid waste and shall be disposed of as hereinafter set forth. All designated recyclable materials must be stored in an area which is secured so as to be safe from vermin. All recyclable items must be thoroughly rinsed, as applicable, before being placed in the recycling containers.
D. 
Single-stream recycling materials shall be placed at curbside, in a container having a capacity of no greater than 32 gallons, on the date designated for recycling pickup by the City of Nanticoke.
E. 
Landlords shall be responsible for ensuring that the provisions of this article are complied with, including, but not limited to, notifying tenants of the single-stream recycling mandate and providing appropriate containers to carry out the mandate. The landlord is also primarily responsible for the payment of the mandatory refuse/recycling fee.
F. 
Owners of commercial, municipal, and institutional establishments shall be required to establish their own mandatory single-stream and yard waste recycling plans and comply with all other requirements under existing ordinances.
[Amended 9-3-2014 by Ord. No. 5-2014]
G. 
Community events. Any person or persons organizing a community event in the City of Nanticoke, which shall be any event attended by 200 or more individuals, shall be required to establish and implement a single-stream recycling plan, which includes the recycling of yard waste, for said event.
[Amended 9-3-2014 by Ord. No. 5-2014]
Upon placement at curbside of the recyclable materials, as hereinbefore mentioned, all recyclables shall become the property of the City of Nanticoke, whose responsibility it shall be to dispose of the recyclables. No person or persons other than the City of Nanticoke, or its lawfully designated contractors, shall be authorized to collect and dispose of recyclable materials placed at curbside. A violation of this section shall be considered a criminal theft under the Pennsylvania Crimes Code and may be prosecuted as such in accordance with existing law.
It shall be unlawful for any person to dispose of materials designated for single-stream recycling with solid waste. The City of Nanticoke, or its duly authorized contractors or other designees, are hereby authorized to regularly inspect all City waste/recyclables collected for violations of this article. The City reserves the right to refuse to collect City waste which contains unseparated single-stream recyclable materials.
The City, as it deems appropriate, may enter into an agreement with any private firm for the collection of recyclable materials.
Any person who shall violate any provision of this article shall be subject to a fine of not less than $25 nor more than $300 and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.