[HISTORY: Adopted by the City Council of the City of Nanticoke
as indicated in article histories. Amendments noted where applicable.]
[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:
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.
Any person, association, partnership, firm or corporation
that collects, transports and disposes of refuse, solid waste or construction
debris.
All refuse and solid waste generated as the result of the
construction on the property or structure, including refuse and solid
waste.
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.
A natural person, association, partnership, firm or corporation.
All solid waste, except human body waste, including garbage,
ashes, glass, metal, paper, plant growth, wood, nonputrescible solid
waste and 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.
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]
(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.
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.
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.
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.
