[Ord. 91-6, 5/29/1991, § I]
This Part shall be known as and may be cited as "The Solid Waste
and Recycling Collection and Disposal Ordinance of the Township of
Kingston."
[Ord. 91-6, 5/29/1991, § II]
The purposes of this Part are to provide for the collection
and disposal of garbage, solid waste and recyclable materials produced
and generated within the Township of Kingston in the most efficient
and economically sound manner, to reduce the volume of garbage and
solid waste disposed of within the Township of Kingston; and, further
to create and to implement a general municipal waste management plan
and project so as to conserve natural resources and to support the
right of the residents of Township of Kingston to dwell in a clean
and healthy environment.
[Ord. 91-6, 5/29/1991, § III]
As used in this Part, unless the context clearly indicates otherwise,
the following words and terms shall be construed as follows:
All empty aluminum food and beverage containers.
Empty food and beverage containers consisting of aluminum,
steel and tin coating. A can is bimetallic if a magnet sticks to the
sides but not the ends.
Those premises used principally for non-manufacturing or
non-processing business, including but not limited to, stores, offices,
restaurants, shopping centers, gas stations, and churches.
All events or activities which are sponsored by public, private,
nonprofit, and municipal agencies or individuals that include, but
are not limited to, fairs, bazaars, socials, and organized athletic
events attended by 200 or more people.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The deposition, incineration, injection, dumping, spilling,
leaking or placing of solid [waste] into or on the land or water in
a manner that the solid waste or a constituent of the solid waste
enters the environment, is emitted into the air, or is discharged
into the waters of the Commonwealth of Pennsylvania.
Solid waste resulting from the preparation, cooking, handling,
dealing, storing, sale, and consumption of all animal and vegetable
wastes.
Empty bottles and jars made of clear, green and brown glass.
Any premises within the Township upon which there is erected
a structure intended for habitation, occupancy, or use by human beings
or animals, and from which solid waste or recyclable materials shall
or may be generated or produced.
Any entity engaged in manufacturing, industry, trade or business
process.
Any facility that houses or serves groups of people including,
but not limited to, hospitals, schools, day care centers and nursing
homes.
Leaves, garden residues, shrubbery and tree trimmings, and
similar material, but not including grass clippings.
The public facilities operated by the member municipalities
and Dallas Area Municipal Authority.
This political subdivision of the Commonwealth of Pennsylvania.
Paper of the type commonly used for newspaper and distributed
at fixed intervals, having printed thereon news and opinions, containing
advertisements and other matters of public interest. Expressly excluded
are glossy advertising inserts often included with newspapers.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Authority's service
area.
Any individual, partnership, company, business organization,
association, society, corporation or other group or entity.
Empty plastic food and beverage containers.
Any person or business organization which provides collection,
transportation, and disposal services of solid waste, who is not an
agent or contractor of the municipality.
Materials enumerated in Act 101 of 1988 of the Commonwealth
of Pennsylvania, and materials identified by the Township or its agent
or contractor for recycling.
A single or multifamily dwelling including, but not limited
to, condominiums units, apartments, and mobile homes.
Materials or substances, discharged or rejected as being
spent, useless, worthless, or in excess by a person and any garbage,
refuse, industrial, lunchroom or office waste and other material including
solid, liquid or semi-solid or contained gaseous material resulting
from the operation of residential, municipal, commercial, industrial
or institutional establishments. The term does not include recyclable
materials or materials approved for beneficial use by the Township,
or its agent or contractor.
[Ord. 91-6, 5/29/1991, § IV; as amended by Ord.
2000-2, 3/8/2000, §§ 1,2; and by Ord. 2003-9, 11/12/2003,
§§ 1,2]
1.Â
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
Township of Kingston, except in accordance with the terms and provisions
of this Part.
2.Â
An owner, lessee, tenant, or occupant of any unimproved premises
or any building, structure, or like improvement erected upon any real
property situated within the Township of Kingston and used for any
purpose whatsoever shall be liable for the collection and disposal
of all garbage, solid waste, and recyclable materials produced or
generated upon or within the premises, building or structure owned
or occupied by a person in accordance with the terms and provisions
of this Part.
3.Â
It shall be unlawful for any owner, lessee, tenant, or occupant of
any residential dwelling to place solid waste, recyclable materials,
plastics, newsprint, glass containers, aluminum containers, corrugated
paper, bimetallic containers, garbage, or any other item collected
under this Part, or as may be collected in the future, at the curbside
for collection by the designated contractor earlier than 24 hours
in advance of the scheduled pickup.
4.Â
It shall be unlawful for any owner, lessee, tenant, or occupant of
any residential dwelling to place solid waste, recyclable materials,
plastics, newsprint, glass containers, aluminum containers, corrugated
paper, bimetallic containers, garbage or any other item collected
under this Part, or as may be collected in the future, at the curbside
for more than 24 hours after the scheduled pickup or, the actual pickup,
in the event that the regularly scheduled pickup be missed for any
reason whatever by the designated collector of such items.
[Ord. 91-6, 5/29/1991, § V; as amended by Ord.
2003-9, 11/12/2003, § 3]
1.Â
All residential solid waste and source separated recyclable materials,
as defined herein, as produced, generated, accumulated or deposited
within the Township shall be collected, transported, and disposed
of solely and exclusively by the Township or its designated agent.
Disposal of any other recyclable materials as determined by the Township
or its designated agent that are produced, generated, accumulated
or deposited within the Township and are not collected by the Township
or its designated agent shall be disposed of only at a location(s)
as specified by the Township or its designated agent.
2.Â
All garbage and solid waste produced, generated, accumulated, or
maintained within the Township of Kingston by a commercial, institutional
or industrial enterprise, organization or establishment, or a sponsor
of any community or public activity within the Township of Kingston
shall be collected, transported, and disposed of periodically in a
safe and sanitary manner by a private or commercial refuse collector
or hauler or a transporter for hire, or by the Township of Kingston,
or its agent or contractor, by contract.
3.Â
No person including, but not limited to, an owner, occupant, lessee,
commercial collector, hauler or transporter of residential garbage,
solid waste and/or recyclable materials for hire, or otherwise, shall
accumulate, deposit, maintain or place or caused to be accumulated,
deposited, maintained or placed upon a lot or parcel of real property
used for a dwelling or residential purposes within or without a residential
district or zone of the Township of Kingston for the purpose of the
collection, transportation, or disposal of residential garbage, solid
waste or recyclable materials by any entity other than the Township
of Kingston, or its agent or contractor.
4.Â
It shall be unlawful for any person, who is not a permanent resident
of the Township of Kingston, to transport or convey into the Township
of Kingston or to deposit, place, or dispose of upon or within any
premises or structure located in the Township of Kingston any garbage,
solid wastes 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 Township of Kingston.
5.Â
An owner, occupant, lessee, proprietor, operator, or supervisor of
any commercial, institutional, industrial or municipal enterprise,
organization or establishment and a sponsor of any community or public
activity within the Township of Kingston, shall provide for the private
or commercial collection, transportation, and disposal of the recyclable
materials of the kind and nature provided in this Part hereafter,
which are produced or generated by their use. Each commercial, institutional,
industrial or municipal enterprise, organization or establishment
and each sponsor of any community of public activity subject to this
provision shall account to the Township of Kingston, or its agent
or contractor, at least annually for the volume of the recyclable
materials caused to be recycled by it hereunder.
[Ord. 91-6, 5/29/1991, § VI]
1.Â
An owner, lessee, tenant or occupant of any structure used for a
dwelling or residential purposes within the Township of Kingston,
shall cause to be recycled the following materials produced or generated
as household waste therein: aluminum containers, plastics, and steel
and bimetallic containers.
2.Â
As may be provided by resolution hereafter passed, the following
may be included in this provision for the recycling of household wastes;
clear glass, colored glass containers, high-grade office paper, newsprint,
corrugated paper, and bimetallic containers, and such other materials
as may be included.
3.Â
An owner, lessee, tenant, proprietor, operator or supervisor of any
commercial, institutional, industrial or municipal enterprise, organization
or establishment and a sponsor of any community or public activity
within the Township of Kingston shall cause to be recycled the following
materials: aluminum cans, high-grade office paper, corrugated paper,
leaves, clear and colored glass containers and newsprint.
4.Â
All recyclable materials collected as provided in Subsections 1 and 2 of this section shall become absolute property of the Township of Kingston, or its agent or contractor, and title thereto shall pass irrevocably when the same are deposited or placed at curbside for collection by the owner, lessee, tenant or occupant of the abutting premises.
[Ord. 91-6, 5/29/1991, § VII]
1.Â
The Township of Kingston is authorized to contract with Dallas Area
Municipal Authority, a municipal authority organized and existing
under the laws of the Commonwealth of Pennsylvania and created heretofore
by the Borough of Dallas, the Township of Kingston, and the Township
of Dallas, Luzerne County, Pennsylvania, for general purposes, for
the collection, transportation and disposal of all residential garbage,
solid waste and recyclable materials produced and generated within
the Township of Kingston.
2.Â
A contract for such services shall be set forth in a Service Agreement
to be entered into between the Township of Kingston and Dallas Area
Municipal Authority, which service agreement shall provide, among
other things, for the administration of the municipal residential
solid waste and recyclable materials collection, transportation and
disposal program as created hereunder, and it shall delegate to Dallas
Area Municipal Authority the duty to implement and to conduct in all
respects the operation of the aforesaid program to the extent and
in a manner provided by law.
[Ord. 91-6, 5/29/1991, § VIII]
The Township of Kingston is authorized to levy, charge, assess,
adopt, and collect from time to time service charges and fees for
the collection, transportation and disposal of garbage, solid waste
and recyclable materials within the Township of Kingston, as provided
herein, to the extent and in the manner provided by law.
[Ord. 91-6, 5/29/1991, § XI]
Any person who shall place at curbside garbage, solid waste
or recyclable materials for collection, transportation or disposal
shall be deemed to have given consent, whether express or implied,
to the Township of Kingston, or its agent or contractor, to open and
inspect any container, receptacle or enclosure containing or purporting
to contain garbage, solid waste, or recyclable materials.
[Ord. 91-6, 5/29/1991, § X; and by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 91-6, 5/29/1991; as added by Ord. 2003-9, 11/12/2003,
§ 4]
A Kingston Township Police Officer, Kingston Township Code Enforcement
Officer or person duly authorized by the Township of Kingston, shall
have the power and duty to enforce the provisions of this Part.
[Ord. 2015-4, 2/10/2016]
[Ord. 2015-4, 2/10/2016]
This Part adopts all of those certain general and operational
requirements, as applicable, of the Department of Environmental Protection
Guidelines, as provided in 25 Pa. Code § 271.103(h), in
respect of the use, maintenance and operation of the Township of Kingston
yard waste support facility site.
[Ord. 2015-4, 2/10/2016]
As used in this Part, the following terms shall have the meanings
indicated:
A person or entity regularly and principally occupied or engaged
in the business of furnishing work and labor, and materials and/or
equipment, at a certain price or rate for profit or with a clear money-making
intention by the performance of tending or maintaining a particular
area of land for aesthetic or functional purposes, including, but
not limited to, mowing grass, trimming brush, hedges, or shrubbery,
or pulling and disposing of weeds or generally keeping or tending
lawns and yards or caring for a tract of land or the grounds of another
person or entity and motivated by profit to be earned therefrom, whether
on a seasonal basis or otherwise.
An individual, an entity, or a family member ("third party")
can be designated in writing by any owner or tenant of land lying
in the Township of Kingston as the landowner's tenant's
yard waste hauler. Such third party so designated cannot derive annual
total income in excess of $1,000 from the activity of hauling yard
waste. Upon such written designation, the third party may use the
Township of Kingston yard waste support facility site, in accordance
with the terms of this Part, for the benefit of the Township of Kingston
owner or tenant of land lying in the Township, subject to the following
condition:
A Township landowner or tenant must secure annually from the
Township a permit for use by a designated third-party waste hauler.
The designated third party must present the permit to the Township
site representative at any time that yard waste is dropped off at
the facility site. The permit shall state the Township landowner or
tenant's name and address. It must state the name and address
of the individual or entity designed as the yard waste hauler for
the applicant of the permit. The driver's license of the designated
individual or entity must be displayed at time of permit application
by the production of the actual license or a photocopy thereof. No
permanent record of the driver's license shall be retained by
Kingston Township. No permanent records containing a driver's
social security number will be retained by Kingston Township. The
permit shall be valid for the period from April 1 through November
1 annually. It is the responsibility of the Township landowner or
tenant to notify the Township of any change in the designation of
the third-party waste hauler and, if necessary by reason of a change
of third-party hauler designation, a new facility site usage permit
must be applied for and granted.
Vegetative matter or material, including leaves, garden residue,
brush, hedge clippings, shrubbery, grass clippings, and tree trimmings;
provided, however, that tree trimmings shall be limited to a maximum
length of five feet and a maximum diameter of six inches. Holiday
and Christmas trees shall constitute yard waste.
[Ord. 2015-4, 2/10/2016]
1.Â
A gate or other barrier shall be maintained at all potential vehicular
access points to block unauthorized access to the site. The site shall
be surrounded by adequate fencing.
2.Â
Access to the site shall be limited to those times only when an authorized
attendant is on duty.
3.Â
The site shall be posted with signage clearly visible from any access
road. The signage shall be constructed of a durable, weather-resistant
material. The signage shall state the name, address and telephone
number of the office of the Township of Kingston.
4.Â
Noncompostable material, residues, or solid waste, other than yard
waste, shall not be allowed to accumulate at the support facility
site. Proper disposal or processing of such material shall be provided
by the site user.
5.Â
Yard waste and other municipal solid waste not suitable for composting
shall be removed from the support facility site no less frequently
than weekly.
6.Â
Compostable materials or residue shall not be allowed to be carried
by any force or otherwise deposited off site.
7.Â
The attraction, harborage or breeding of vectors shall be prohibited.
8.Â
Conditions that are harmful to the environment or public health or
which cause safety hazards, odors, noise or other public nuisances
are strictly prohibited and shall be abated immediately upon the identification
of their existence.
9.Â
The support facility site shall be under daily twenty-four-hour recorded
video surveillance.
10.Â
No skateboarding, bicycling, recreational walking or similar activities
by anyone are permitted.
[Ord. 2015-4, 2/10/2016]
No commercial landscaping or groundskeeping contractor shall
use the support facility site for any purpose whatever other than
in relation to his or its care and maintenance of his or its property
owned or rented by him or it situated in the Township of Kingston.
Proof of such personally owned property or the tenancy of such property
situated in the Township of Kingston must be produced upon demand
and approval by the site attendant before any use of the site for
any purpose.
[Ord. 2015-4, 2/10/2016]
The following items are specifically prohibited from being dumped,
delivered or deposited at the Township of Kingston's yard waste
support facility site:
A.Â
Tree stumps.
B.Â
Construction materials of any nature of kind, including shingles,
pipe and lumber.
C.Â
Stones, rocks, bricks, concrete, gravel or other similar materials.
D.Â
Cans or any form of metal materials, including nails and staples.
E.Â
Glass of any kind.
F.Â
Plastic, including plastic bags.
G.Â
Paper, cardboard and magazines.
H.Â
Dog, cat or other animal waste.
I.Â
Garden produce such as tomatoes, lettuce, apples, pumpkins, etc.
J.Â
Ashes of any kind and any burning waste.
K.Â
Garbage, hazardous waste, industrial waste, medical waste and commercial
waste.
L.Â
Treated lumber, landscaping timber, cross ties, painted wood, wooden
furniture, or demolition debris.
M.Â
Bulky items (appliances), tires or scrap metal.
N.Â
Grass sod.
[Ord. 2015-4, 2/10/2016]
2.Â
The yard waste support facility site may be closed at any time by
the Township for the purpose of operating equipment on the site, as
well as for the inspection of materials being deposited or the maintenance
of any equipment.
3.Â
Yard waste shall be loosely deposited or deposited in biodegradable
bags. Any plastic bags containing leaves or grass clippings must be
dumped in an appropriate area, and the plastic bags must be removed
from the site.
[Ord. 2015-4, 2/10/2016]
[Ord. 2015-4, 2/10/2016]
The following circumstances shall constitute a violation of
this Part:
A.Â
The dumping or depositing of any material other than acceptable yard
waste, as defined in § 203 hereof.
B.Â
The dumping or depositing of any material in an unauthorized section
of the yard waste composting site.
C.Â
The deposit or dumping of any yard waste by a person or entity not
entitled hereunder to deposit or dump yard waste hereunder.
D.Â
The deposit or dumping of any yard waste not originated from within
the boundaries of the Township of Kingston.
E.Â
The deposit or dumping of any yard waste at any time other than the
hours, days and months when the yard waste composting site is open
for operational use.
[Ord. 2015-4, 2/10/2016]
Any person or entity violating any provision of this Part or
part of any order of the Township of Kingston issued pursuant hereto
commits a summary criminal offense and shall, upon conviction thereof,
be sentenced to pay a fine of not less than $500 nor more than $2,500
for each separate offense, and in default of the payment of such fine,
may be sentenced to imprisonment for 90 days in the Luzerne County
Correctional Facility to the extent allowed by law for the punishment
of summary offenses. Enforcement of any such violations shall be commenced
by any employee of the Township of Kingston, who is authorized by
the Board of Supervisors of the Township of Kingston, and who is hereby
declared to be a law enforcement officer authorized to issue or file
citations for summary criminal offenses under this Part, and the Solicitor
of the Township of Kingston is hereby authorized to prosecute these
offenses before a District Justice in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. Each day on which a violation of this Part continues
shall constitute a separate offense, which is punishable by a like
fine or penalty.
[Ord. 2015-4, 2/10/2016]
All ordinances and parts of ordinances inconsistent with the
terms of this Part are hereby repealed; provided, however, that such
repeal shall only be to the extent of such inconsistencies, and in
all other respects, this Part shall be cumulative with the other ordinances
regulating and governing the subject matter covered by this Part.
[Ord. 2015-4, 2/10/2016]
If any section or provision or parts thereof in this Part shall
be adjudged invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity of this Part as a whole or any other
section or provision of the part thereof.
[Ord. 2015-4, 2/10/2016]
This Part shall take effect in accordance with law.
