[HISTORY: Adopted by the City Council of the City of Altoona
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-8-2007 by Ord. No. 5570]
The reduction of the amount of municipal waste and conservation
of recyclable materials is an important public concern by reason of
the growing problem of municipal waste disposal and its impact on
the environment. The collection of newsprint, aluminum cans, bimetallic
cans, clear and colored glass, plastic beverage containers and leaf
wastes for recycling from homes, apartments and other residential
establishments and, in addition to these recyclables, high-grade office
paper and corrugated paper from commercial and institutional establishments
in the City of Altoona, and other such recyclables that shall be by
resolution determined to serve the general public interest may reduce
storage, collection, transportation and disposal costs of said waste
and preserve valuable natural resources. This article has been developed
to implement municipal responsibilities under the Municipal Waste
Planning, Recycling and Waste Reduction Act (Act 101-1988).[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
As used in this article, the following terms shall have the
meanings indicated:
All-aluminum cans (typically used for packaging beverages).
This item consists of ferrous or "tin cans" commonly used
in packaging food products and also those cans consisting of steel
and aluminum.
Those properties used primarily for commercial or industrial
purposes and those multiple-dwelling residential buildings containing
four or more dwelling units.
Paper of the type commonly referred to as "cardboard," typically
used for boxing material.
Putrescible animal, fish, foul, fruit or vegetable waste
incident to and resulting from the use, preparation, cooking and consumption
of food.
All products made from silica or sand, soda ash and limestone;
the product may be transparent, translucent or colored and may be
used as a container for packaging or bottling of various matter. Excluded
are plate glass, automotive glass, blue glass, leaded glass, Pyrex®
and porcelain and ceramic products and lids.
A person who collects, transports and disposes of municipal
waste, recyclables (including leaf waste) from residential, commercial
and/or industrial establishments.
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments and in residences.
Those facilities that house or serve groups of people, such
as hospitals, schools, day-care centers and nursing homes.
Leaves, garden residue, shrubbery, tree trimmings and similar
material, not including grass.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including liquid, semisolid or contained gaseous
material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
(including, but not limited to, festivals). The term does not included
source-separated recyclable materials.
Paper of the type commonly referred to as "newspaper" and
distributed at stated intervals, usually daily or weekly, having printed
thereon news and opinions and containing advertisements and other
matters of public interest. Expressly excluded are glossy inserts
often included with newspapers.
Every natural person, association, firm or corporation. "Person"
also includes a lessee as well as an owner of a residential establishment,
and includes a person, association, firm or corporation which owns
a residence or business.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling guidelines may stipulate
specific types of plastic which may be recycled.
Materials generated by a person which can be separated from
municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Recyclables include the following:
newsprint, aluminum cans, bimetallic cans, clear and/or colored glass,
plastic beverage containers, high-grade office paper, corrugated paper,
leaf waste and such other materials as may be designated or deleted
from time to time by resolution.
Any single-family or multifamily dwelling having less than
four dwelling units per structure from which the City of Altoona collects
municipal wastes, recyclables and leaf waste.
The City of Altoona hereby establishes a recycling program for
the mandatory separation and collection of the designated recyclables
as set forth in the guidelines promulgated pursuant to this article
from all residential, commercial and/or institutional establishments
in the City of Altoona for which waste collection is provided by the
City of Altoona and/or a hauler. Collection of the materials to be
recycled shall be made by the City of Altoona and/or a hauler.
The City Council of the City of Altoona is hereby authorized
and empowered to establish guidelines by resolution for the manner,
days (which shall not be less than two days per month), and times
of collection of recyclable materials and the bundling, handling,
location and time of placement of such materials for collection.
A.
All persons who are residents of the City of Altoona shall separate
recyclables and leaf wastes specified in the guidelines promulgated
pursuant to this article from the municipal waste produced at their
homes, apartments and other residential establishments and shall store
such material for collection and shall place the same for collection
by the City of Altoona and/or the haulers contracted by such establishment
at the typical location for collection of municipal waste in accordance
with the collection guidelines.
B.
An owner, landlord or agent of an owner or landlord of a multifamily
rental housing property with four or more units shall comply with
its recycling responsibilities by establishing a collection system
for recyclables and leaf wastes as set forth in the guidelines promulgated
pursuant to this article at each property. The collection system must
include containers (which shall be approved by the City of Altoona)
for collecting and sorting materials, easily accessible locations
for the containers, and written instructions to the occupants of said
property concerning the use and availability of the collection system.
Arrangements shall be made by the owner for collection of these materials
by the City of Altoona and/or the hauler(s) contracted by such establishment.
C.
All persons must separate leaf wastes from other municipal waste
generated at their houses, apartments and other residential establishments
for collection unless those persons have otherwise provided for composing
of leaf waste as approved by the City of Altoona.
D.
Persons must separate recyclables and leaf wastes specified in the
guidelines promulgated pursuant to this article generated at commercial,
municipal or institutional establishments and from community activities
(such as festivals) and store the material until collection. Arrangements
shall be made by persons operating commercial, municipal or institutional
establishments for collection of these materials by the City of Altoona
and/or haulers.
All recyclables placed for collection by the persons owning, operating and/or occupying any residential, multifamily rental housing property, commercial, municipal and/or institutional establishment in the City of Altoona for collection by the City of Altoona and/or a hauler pursuant to this article and the guidelines authorized hereunder shall, from time of collection, become the property of the City of Altoona and/or the hauler designated by such persons owning, operating and/or occupying, except as otherwise provided by § 615-8 of this article. Only the hauler so designated by the persons owning, operating and/or occupying any residential, multifamily rental housing property, commercial, municipal and/or institutional establishments to collect recyclables shall have the right to collect such recyclables once placed for collection, and all other persons are hereby prohibited from collecting such recyclables.
It shall be a violation of this article for any person other than the City of Altoona and/or haulers contracted to collect recyclables placed by a resident for collection by the City of Altoona and/or a hauler, unless such person has prior written permission to make such collection as set forth in § 615-8 of this article. Each unauthorized collection in violation hereof from a residence, commercial, municipal and/or institutional establishment shall constitute a separate and distinct offense punishable as hereinafter provided.
Any person may donate and/or sell recyclables and/or leaf waste
to any person, whether operating for profit or not, provided that
the receiving person shall not collect such donated recyclable materials
from the collection point of a residence without prior written permission
of the City of Altoona to make such collection. Every person, whether
operating for profit or not, collecting recyclables and/or leaf waste
pursuant to this section, shall be subject to any and all reporting
requirements as to the types and amounts of recyclables and/or leaf
waste collected, as set forth in the guidelines promulgated pursuant
to this article.
The City of Altoona may designate, by guidelines promulgated
pursuant to this article, recycling recovery facilities to which all
recyclable materials collected in the City of Altoona shall be directed.
A.
General rule. Nothing in this article shall be construed to interfere
with or in any way modify the provisions of any contract for recyclable
material recovery, processing or collection in force in the City of
Altoona upon the effective date of this article.
B.
Renewals. No renewal of any existing contract upon the expiration
or termination of the original term thereof and no new contract for
recyclable material recovery, processing or collection shall be entered
into after the effective date of this article unless such renewal
or such new contract shall conform to the applicable guidelines promulgated
pursuant to this article.
C.
Renegotiation option. No contract renewal or new contract for recyclable
material recovery, processing or collection shall be entered into
unless such contract contains a provision for renegotiation to conform
to the guidelines promulgated pursuant to this article.
On or before February 15 of each year, the City Clerk of the
City of Altoona shall submit a report to the County of Blair which
shall describe the weight or volume of materials that were recycled
by the municipal recycling program in the preceding calendar year.
B.
Any person, other than a municipal official exercising his or her
official duties, who violates any provision of this article, any resolution
enacted hereunder, any order issued hereunder or the terms or conditions
of any contract awarded in the implementation of this article, shall
be, upon conviction thereof, sentenced to pay a fine of not less than
$100 nor more than $1,000 plus costs or to a term of imprisonment
not to exceed 90 days, or both.[1]
C.
The City of Altoona and/or haulers reserves the right not to collect
municipal waste containing or mixed with recyclable materials or recyclable
material containing or mixed with municipal waste in combination with
nonrecyclable materials.
Recycling operations that are in existence on the effective
date of this article may continue their operation so long as they
abide by the provisions of this article and the guidelines promulgated
pursuant to this article.
[Adopted 11-14-2007 by Ord. No. 5575]
A.
Title. This article shall be known as the "City of Altoona Solid
Waste and Recyclables Storage, Collection, Disposal and Processing
Ordinance."
B.
Intent and purpose.
(1)
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 and industrial refuse accumulated or stored upon any property
within the City of Altoona shall be collected and removed by a responsible
person or hauler and shall be disposed in an area authorized by and
approved by the City of Altoona in accordance with all state, federal
and local laws and ordinances.
(2)
It is also 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 material
separated and stored for recycling at any residential, commercial,
institutional or municipal establishment in accordance with the Municipal
Waste Planning, Recycling and Waste Reduction Act (Act 101)[1] and local ordinances and regulations shall be collected
and removed by a responsible person or hauler and shall be delivered
to a recycling processing center authorized by the City of Altoona
for processing and marketing in accordance with all state, federal
and local laws and ordinances.
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
C.
Definitions.
(1)
ASHES
BULKY WASTES
CARTWAY
CITY OF ALTOONA
CONSTRUCTION AND/OR DEMOLITION WASTE
DISPOSAL
GARBAGE
HAULER
HAZARDOUS WASTE
(a)
[1]
[2]
(b)
MUNICIPAL WASTE
MUNICIPALITY
NUISANCE
OCCUPANT
PERSON
RECYCLABLES
RECYCLING PROCESSING CENTER
REFUSE
RESIDUAL WASTE
SPECIAL RECYCLABLES
WASTE DUMPSTER and/or WASTE CONTAINER
For
the purpose of interpreting the provisions of this article, the following
words shall have the meaning or meanings ascribed:
Residue from the burning of coal, coke or other combustible
material.
Municipal waste which is too large and/or heavy to be placed
in standard thirty-gallon garbage (municipal waste) bags and/or garbage
(municipal waste) receptacles, including, but not limited to, appliances,
furniture and large auto parts.
Paved area of street, alley, road, avenue, etc.
The municipality adopting and enforcing this article and
any amendments thereto. Any reference to the City of Altoona herein
shall also be a reference to any designee of the said City.
Solid waste (as defined in Act 101[2]) resulting from the construction and/or demolition of
buildings and other structures, including, but not limited to, wood,
plaster, metals, asphaltic substances, brick, block and unsegregated
concrete. The term also includes dredging waste. For the purpose of
this article, the term "municipal waste" shall include "construction
and demolition waste" and regulation of collection, including, but
not limited to, licensing for collection, of construction and demolition
waste shall be the responsibility of the Blair County Solid Waste
Authority. The term does not include the following, however, if the
same are separate from other waste and are used as clean fill (e.g.,
material used to level uneven areas of real estate):
Storage, collection, disposal or handling of garbage, municipal
waste and other refuse material.
Putrescible animal, fish, fowl, fruit or vegetable waste
incident to and resulting from the use, preparation, cooking and consumption
of food.
A person who collects, transports and/or disposes of municipal
waste, other refuse material and/or recyclables from residential,
commercial and/or industrial establishments.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material, resulting
from municipal, commercial, industrial, institutional, mining or agricultural
operations and from community activities, or any combination of the
above. Does not include solid or dissolved material and domestic sewage
or solid or dissolved materials in irrigation return flows or industrial
discharges which are point sources subject to permits under § 402
of the Federal Water Pollution Control Act, as amended, (86 Stat.
880) or source, special nuclear or by-product material as defined
by the U.S. Atomic Energy Act of 1954, as amended, (68 Stat. 923),
which, because of its quantity, concentration or physical, chemical
or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The term of "hazardous waste" 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."[3] Hazardous waste shall not include treatment sludges 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 Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean
Streams Law."[4]
Any garbage, refuse, industrial lunchroom or office waste
and other material, including liquid, semisolid or contained gaseous
material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities
(including, but not limited, festivals). The term does not include
source-separated recyclable materials.
The City of Altoona.
Any condition, structure or improvement which shall constitute
a threat to the health, safety or welfare of the citizens of the City
of Altoona.
Person generally in possession and control of any residential,
commercial, institutional or industrial establishment.
Every natural person, association, firm or corporation. "Person"
also includes a lessee as well as an owner of a residential establishment
and includes a person, association, firm or corporation which owns
a residence or business.
Materials generated by a person which can be separated from
municipal waste and returned to commerce to be reused as a resource
in the development of useful products. Recyclables include the following:
newsprint, aluminum cans, bimetallic cans, clear and/or colored glass,
plastic beverage containers, high-grade office paper, corrugated paper,
leaf waste and such other materials as may be designated or deleted
from time to time by resolution.
A facility that receives, sorts, separates, prepares and
markets collected recyclables.
Any material other than residual waste, municipal waste,
hazardous waste and/or recyclables.
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 that is not otherwise hazardous from an industrial, mining
or agricultural water supply treatment facility, wastewater treatment
facility or air pollution control facility or recycling processing
center, provided that it is not hazardous. The term "residual waste"
shall not include coal refuse, as defined in the Coal Refuse Disposal
Control Act.[5] Residual waste shall not include treatment sludges 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 Clean Streams Law.[6]
Recyclables, other than those recyclables mandated herein
to be collected at the curbside, that are marketable as scrap, recyclable
or reusable, such as angle and cast iron, copper, etc.
Any nonmotorized and/or nonpropelled receptacle designed
to hold and/or receive municipal waste and/or other refuse material,
capable of being lowered and lifted by motor vehicle or truck for
the purpose of municipal waste and/or other refuse material collection.
(2)
In
this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
(3)
Other
words not defined herein shall have the meaning set forth in the Municipal
Waste Planning, Recycling and Waste Reduction Act (Act 101)[7]; Article I, Recycling, of this chapter; the Recycling Ordinance Guidelines promulgated pursuant to Article I of this chapter; and any other applicable ordinance or regulation of the City of Altoona.
[7]
Editor's Note: See 53 P.S. § 4000.101 et seq.
A.
Collection of recyclables required. Except as otherwise provided by this article or any other ordinance or regulations of the City of Altoona, any person who collects municipal waste and/or other refuse material within the City of Altoona shall also collect recyclables as set forth in § 615-3 of Article I, Recycling, of this chapter, or regulations of the City of Altoona promulgated pursuant to said Article I .
B.
Collection vehicles; specifications and conditions.
(1)
Requirements.
(a)
No hauler shall operate, cause or permit to be operated any
motor vehicle or truck for collecting or disposing of municipal waste
and/or other refuse material within the limits of the City of Altoona
unless such motor vehicle or truck shall be equipped with a fireproof
and leakproof compacting compartment. Said compacting compartment,
in addition to meeting any other specifications herein required, shall
facilitate complete containment of solid waste and be equipped with
operable drain plugs at the lowest point. Only bulky oversized waste
or recyclables may be collected in open bed vehicles, and said items
shall be secured and completely covered with a waterproof tarpaulin.
(2)
No vehicle used in the collection, transportation or disposal of
municipal waste, recyclables and/or other refuse material shall scatter
any of said material, leachate or vehicle fluids on the streets, roads,
highways, alleys or other property (private or public) in the City
of Altoona.
(3)
Vehicles used to collect or transport municipal waste and/or other
refuse materials shall be maintained in a sanitary condition so as
to present a satisfactory outward appearance and shall meet all the
requirements of the City of Altoona and the Pennsylvania Department
of Environmental Protection.
(4)
The City of Altoona shall have the right to inspect any vehicles
used to collect or transport municipal waste, other refuse material
or recyclables at any reasonable time for the purpose of determining
compliance with this article or any other ordinance, resolution and/or
regulation of the City of Altoona. The hauler shall correct deficiencies
immediately upon notification by the City of Altoona, and said collection
vehicle shall not be used for the purposes set forth in this article
until said deficiencies have been corrected.
(5)
Each hauler shall maintain its equipment in such condition as to
be able to maintain its collection schedule.
(6)
Trucks and/or other vehicles used for the collecting, transporting,
disposing or removing of any municipal waste, other refuse material
or recyclables in the City of Altoona shall meet the following requirements:
(a)
Packers. All municipal waste, other refuse material and any
recyclables shall be enclosed within the confines of the cargo area,
which shall be watertight.
(b)
Dump trucks. If constructed with completely metal beds and lacking additional wooden sideboards, such truck shall be covered with a waterproof tarp as set forth in Subsection B(1) of this section. Dump trucks may be used only to collect bulky oversized waste or recyclables.
(c)
Any trucks or vehicles used for the collection and/or transporting
of recyclables within the City of Altoona shall conform to the requirements
of the Recycling Ordinance Guidelines promulgated pursuant to this
chapter and any other applicable ordinance, resolution or regulation
of the City of Altoona.
(d)
Any and all vehicles used for collection of municipal waste,
other refuse material and/or recyclables shall be clearly marked to
identify the person which collect(s) municipal waste, other refuse
and/or recyclables pursuant to this or any other applicable City ordinance.
The marking used by said person shall contain lettering no less than
six inches in height.
C.
Waste dumpsters and/or specifications and conditions.
(1)
Any waste dumpster and/or waste container(s) shall, in addition to being subject to the requirements of § 615-17A(5), be illuminated with a warning light, light reflector or a reflectorized material visible to oncoming vehicles for a distance of not less than 300 feet between the hours of sunset and sunrise.
(2)
Any waste dumpster and/or waste container shall be equipped with
a cover so that, when not in use, material will not blow from the
container, nor will significant amounts of water accumulate in the
waste dumpster and/or waste container so as to cause leakage.
(3)
Liquid leachate shall not leak from any waste dumpster and/or waste
container onto any street, sidewalk or public right-of-way.
(4)
Only permitted nonrecyclable municipal waste shall be placed in such
containers in compliance with all applicable ordinances and/or guidelines.
(5)
The name of the hauler responsible for the placement, emptying or
removal of the waste dumpster and/or waste container must prominently
be displayed thereon.
(6)
No person shall park or place any waste dumpster and/or waste container on any street, alley, highway, sidewalk or right-of-way within the City under any circumstances under Subsection C(7).
(7)
Subsection C(6) of this section shall not be applicable to the temporary parking/placement of said waste dumpster and/or waste container upon proof of sufficient cause to the City, at which time a permit will be issued for a temporary period of time determined as reasonable. The permit will not be valid unless the waste dumpster and/or waste container meets all specifications required by this article. Additionally, at no time will a waste dumpster and/or waste container be placed onto any running lane of the roadway restricting the flow of traffic.
(8)
Upon official notification by the City of violation of this article
and/or other applicable ordinances and/or guidelines, the hauler responsible
for the placement, emptying or removal of same or the owner of the
same shall remove said waste dumpster and/or waste container in violation
from the street, alley and/or highway or sidewalk within 24 hours.
If the waste dumpster and/or waste container has not been removed
and the hauler responsible for the placement, emptying or removal
of same or the owner of the same has not shown cause for a time extension,
the City shall move or cause to be moved, at the said hauler's or
owner's expense, said equipment in violation to a suitable facility,
where it may be reclaimed by the said hauler and/or owner upon payment
of costs.
(9)
The waste dumpster and/or waste container permit fee under this article
shall be as established from time to time by the City and shall be
in addition to all other license fees or taxes required to be paid
by the laws of the Commonwealth of Pennsylvania or the ordinances
of the City.
A.
The City and/or its designee may, from time to time, execute such
contracts on terms and conditions as deemed advisable with not more
than six persons to enable such person and/or persons to operate or
cause to be operated a recycling processing center for the purpose
of accepting recyclables collected within the City for processing
and/or disposal. It shall be unlawful for any person or persons to
engage in the business of operating or causing to operate a recycling
processing center for the purpose of accepting recyclables collected
within the City unless said person shall have secured a contract with
the City to permit such business.
B.
Nothing in this article shall be construed as granting permission
to any person and/or persons to operate a recycling processing center
outside the corporate limits of the City. Each recycling processing
center shall comply with all applicable requirements of the host municipality
and/or the Commonwealth of Pennsylvania, including, but not limited
to, zoning and subdivision laws.
C.
In the event that any hauler has a contract or agreement existing
as of December 1990, to deliver some, but less than all, recyclables
collected in the City to a nonapproved site for recovery, said hauler
shall submit, prior to the acceptance by the approved recycling processing
center of any recyclables, a copy of said contract or agreement to
the approved recycling processing center and, in that event, the approved
recycling processing center shall accept the remaining material delivered
to it by said hauler for an additional fee as may be set forth in
the contract between the City and the approved recycling processing
center. In this event, said approved recycling processing center shall,
within five working days of receipt of said contract or agreement,
provide to the City a copy of said contract or agreement provided
to said recycling processing center by the hauler.
D.
Any breach of a contract by a person and/or persons executing the
same with the City for the purpose of operation of a recycling processing
center shall be considered a violation of this article and shall subject
said persons and/or persons, in addition to contractual remedies,
to the penalties provided herein.
A.
Point of collection.
(1)
Municipal waste, other refuse or recyclables shall be placed at the
edge of the cartway or any other designated place for collection no
sooner than 6:00 p.m. on the day before the scheduled day for collection
each week.
(2)
Each hauler shall collect all municipal waste, other refuse material
and/or all recyclables that have been placed at the side of the cartway
or other designated location by its customers for collection, except
as otherwise provided in this article or any other ordinance, resolution
or regulation of the City of Altoona.
(3)
In the event a person is disabled, under the definition of the Americans
with Disabilities Act of 1990, and said person due to the disability
is unable to place municipal waste, refuse and/or recyclables generated
at said person's residence at the curbside, and said person in
any manner notifies his or her hauler of said person's disability,
the hauler shall make reasonable accommodations with said disabled
person as to a more accommodating place for placement and collection
of the municipal waste, refuse and/or recyclables by the hauler.
(4)
If a person who is disabled pursuant to Subsection A(3) of this section requests said person's hauler to make reasonable accommodations as to a more accommodating place for placement and collection of municipal waste, refuse and/or recyclables and said hauler refuses and/or the said person believes the accommodations made are not reasonable, said person or person's agent (hereinafter "complainant") shall notify the Manager of the City within 30 days of said accommodations if believed to be unreasonable by the complainant or within 30 days of request by the complainant for reasonable accommodations if none have been made by the complainant's hauler. The Manager of the City or the Manager's duly authorized agent shall, within 15 days of said notice by the complainant, investigate the complaint and, if found to be valid, shall, within 30 days of said complaint, notify the complainant's hauler, in writing, by certified mail, return receipt requested, of the deficiency, with a photocopy of said notice to the complainant, and indicate the corrective action to be taken within 10 days of receipt of said notice. Failure of said hauler to comply with the directives of the notice shall constitute a violation of this article and may subject the said hauler to penalties.
(5)
Each hauler owning, leasing and/or otherwise placing or causing to
be placed any container at any type of establishment for the purpose
of placing municipal waste, other refuse material and/or recyclables
therein for later collection shall ensure that any such container
is emptied within 48 hours of the same becoming full to capacity,
regardless of whether the fee for collection of the same has been
paid. Nothing herein shall prevent the hauler from removing said hauler-owned
or -leased container from the establishment for nonpayment of collection
services so long as the container is emptied with regard to municipal
waste at a permitted landfill facility licensed by the Commonwealth
of Pennsylvania and, with regard to recyclables, at a recycling center
licensed by the City of Altoona.
B.
Days and hours of collection.
(1)
Collection zones and no-collection days established.
(a)
Collection zones. There are hereby created four collection zones
within the City of Altoona, whereby collection of solid waste and
recyclables by a hauler from residential establishments shall be permitted
within each zone only on a particular day of the week. The four collection
zones so created are attached hereto as Exhibit A,[1] and the only day on which collection of solid waste and/or
recyclables by a hauler may occur in the particular zone, unless otherwise
set forth herein, is as follows:
[1]
Zone 1. Solid waste collection shall take place only on Monday
of any week. Collection of recyclables shall take place only on the
first and third Mondays of the month.
[2]
Zone 2. Solid waste collection shall take place only on Tuesday
of any week. Collection of recyclables shall take place only on the
first Tuesday following the first Monday of the month and the third
Tuesday following the third Monday of the month.
[3]
Zone 3. Solid waste collection shall take place only on Wednesday
of any week. Collection of recyclables shall take place only on the
first Wednesday following the first Monday of the month and the third
Wednesday following the third Monday of the month.
[4]
Zone 4. Solid waste collection shall take place only on Thursday
of any week. Collection of recyclables shall take place only on the
first Thursday following the first Monday of the month and the third
Thursday following the third Monday of the month.
[1]
Editor's Note: Exhibit A is on file in the City offices.
(b)
No collection days established. A hauler shall not be permitted
to collect, remove and/or transport municipal waste, other refuse
material and/or recyclables from residential establishments and/or
multifamily establishments with four or more units on Sundays, Thanksgiving
Day, New Year's Day, Memorial Day, Independence Day, Labor Day
and Christmas Day and at such other times as may be announced by the
City in situations considered to be an emergency by the City. If regular
collection occurs in a particular zone on any of such holidays, the
collection for all zones which have yet to have collection occur the
week of said holiday shall be delayed until the following day for
each such zone. For example, if a holiday falls on a Monday, collection
in Zone 1 would occur on Tuesday of that week instead of Monday, and
collection in Zone 2 would occur on Wednesday of that week instead
of Tuesday, and so on. In the event a holiday falls on a Thursday,
collection in Zone 4 would occur on the Friday of that week; however,
collection in all other zones would not be affected. Any time and
date of collection may, at any time, be changed by resolution of the
City Council of the City of Altoona.
(2)
Hours of collection. The collection of municipal waste, other refuse
material and/or recyclables at residential establishments and/or multifamily
dwellings having more than four units per structure, shall only occur
between the hours of 5:00 a.m. and 6:00 p.m. on any single day of
collection and shall not occur at any other time, unless otherwise
provided herein or by the City. In the event the City declares a weather
emergency or like situation, collection of said waste and recyclables
may continue to take place during the above-stated hours; however,
said collection will be permitted to also take place between the hours
of 3:00 a.m. and 6:00 p.m. the Friday following the termination of
such weather emergency or like situation unless otherwise announced
by the City. In the event the weather emergency or like situation
is of a severe nature, as the same shall be announced by the City,
no such collection shall take place during such time but shall be
permitted to occur the Friday following the termination thereof between
the hours of 3:00 a.m. and 6:00 p.m., unless otherwise instructed
by the City. All declarations and/or announcements by the City with
regard to weather emergencies or like situations may be accomplished
through print, television, radio and any other such media deemed appropriate
by the City.
(3)
Residential municipal waste removed at least once per week. Each
hauler pursuant to this article shall, for its own customers, collect
and remove any municipal waste and/or refuse material placed for collection
by occupants of residential establishments at least once each week,
except for the collection of recyclables at residential establishments,
which shall be collected as set forth in the Recycling Ordinance Guidelines.
(4)
Commercial removal. Each hauler shall collect municipal waste or other refuse material from commercial establishments at least once every week and shall collect said municipal waste and/or other refuse material more often if necessary to control health hazards or to prevent the accumulation of municipal waste or other refuse material so as to create a nuisance, odor, unsightly appearance; except for the collection of recyclables from commercial establishments, which shall be collected as set forth in Subsection B(6) of this section.
(5)
Residential recyclables removed at least once every other week. Recyclables
shall be collected for residential establishments as set forth in
the Recycling Ordinance Guidelines promulgated pursuant to this article
and any other applicable ordinance or regulation of the City of Altoona.
(6)
Commercial recyclables removal. Recyclables shall be collected from
commercial establishments as set forth in the Recycling Ordinance
Guidelines promulgated pursuant to this article and any other applicable
ordinance or regulation of the City of Altoona.
(7)
Bulky waste removal. All haulers, upon oral and/or written notification
by persons who own and/or occupy residential establishments, shall,
within 14 days of such notification, collect bulky waste and/or special
recyclables from the residential establishments indicated in such
notification.
C.
Preparation for collection. It shall be the duty of the owner of
all residential establishments, rented or otherwise occupied by said
owner, and of all establishments containing multifamily rental housing
property with four or more units and commercial, municipal and institutional
establishments to contract the services of a hauler to collect any
municipal waste, other refuse material (on at least a weekly basis)
and/or recyclables (in accordance with the Recycling Ordinance Guidelines
promulgated pursuant to this article and any other applicable ordinance
or regulation of the City of Altoona) resulting from the operation
of any such establishment unless said establishment, by some other
means, disposes of the same at a duly approved municipal waste facility
or a duly approved recycling processing facility, retaining as proof
thereof, at a minimum, monthly disposal receipts from such a facility,
and all such establishments shall prepare said materials as follows:
(1)
All municipal waste and/or material shall be drained of liquid insofar
as practical and shall be placed in sanitary sealed bags, containers
and/or cans made of nonabsorbent material.
(2)
Containers used by residential establishments shall not exceed 30
gallons in size; cans shall be rust-resistant material and shall be
furnished and kept clean by the occupant and shall be replaced by
the occupant when no longer in satisfactory condition.
(3)
All municipal waste which cannot be disposed of in containers shall
be assembled, boxed or bundled separately in such a way that it can
be handled conveniently and will not be disseminated by wind or otherwise
while awaiting collection.
(4)
All refuse except bulky waste shall be of units such as can be handled
by one person and shall be placed in containers or piled and assembled
in such a way as to facilitate collection.
(5)
All containers shall be kept on the resident's property until it is placed for collection as in Subsection A of this section.
(6)
All recyclables shall be prepared for collection as set forth in
the Recycling Ordinance Guidelines promulgated pursuant to this article
and any other applicable ordinance, resolution or regulation of the
City of Altoona.
(7)
Establishments containing multifamily rental housing property with
four or more units and commercial, municipal and institutional establishments
shall place all municipal waste emanating from said establishments
in containers made from rust-resistant material of sufficient size
and strength to fully accommodate all such municipal waste and of
such design to prevent animals from gaining access to such waste.
Said containers kept at such establishments shall be kept clean and
be replaced when needed by the occupants, owners, landlords and/or
agents of such persons.
(8)
Construction and/or demolition waste must be placed in a rigid container,
roll-off or solid waste vehicle and may not be stored on the ground
next to structures (as the same may be defined in the City Zoning
Ordinance) and/or public rights-of-ways. A separate container must
be provided for mandated recyclable materials (including, but not
limited to, corrugated cardboard).
D.
Transfer of municipal waste. No person shall transfer or permit to
transfer municipal waste and/or other refuse material from one collection
vehicle to another collection vehicle in any area of the City except
as follows:
(1)
When said vehicles are parked at a duly approved transfer station.
(2)
When, due to terrain and/or weather conditions, the hauler's
collection vehicle, due to its size and/or tire traction, is unable
to gain access to the area (e.g., a rural or extremely hilly area
of the City) where the said waste is placed by the hauler's customer
for collection. Only solid waste collected under these conditions
may be so transferred from one collection vehicle to another collection
vehicle.
E.
Inspection of municipal waste and recyclables. In order to ensure
compliance with all applicable City ordinances, the City of Altoona,
its agents (including, but not limited to, the Blair County Recycling
Coordinator) and/or the City of Altoona's employees may conduct
inspections of any and all municipal waste, other refuse material
and/or recyclables placed at the point of collection for pickup and
may inspect, at any time, any approved recycling processing center.
F.
All haulers must, on a form provided by the City, report all persons
for whom the hauler collects, whether residential, commercial, municipal
and/or institutional establishments, that fail, during the monthly
reporting period, at any and all times, to separate and prepare recyclables
for collection as set forth in the Recycling Ordinance Guidelines
and/or has had service discontinued for any reason. All haulers shall
also submit the name and address of any and all new persons for whom
the hauler has been requested to collect during the monthly reporting
period. Said report shall be completed in its entirety by the said
hauler and supplied to the Blair County Recycling Coordinator by the
first day of each month.
A.
All haulers shall carry an insurance policy providing comprehensive
liability and property damage insurance, the limits of said insurance
policy shall be not less than $300,000 for personal liability and
$300,000 for property damage and shall furnish proper certificate
of insurance to the City of Altoona.
B.
All haulers shall carry an insurance policy providing for workers'
compensation insurance, as required by the Commonwealth of Pennsylvania,
and shall furnish proper certificate of insurance coverage for workers'
compensation to the City of Altoona.
It shall be unlawful to place or permit to remain any municipal
waste or refuse material or other material subject to decay, including
recyclables, except yard waste that is composted in an acceptable
manner, anywhere in the City of Altoona, except in a tightly covered
metal or plastic container.
All haulers shall not in any manner be construed as an agent,
servant or employee of the City of Altoona but shall at all times
be considered and remain independent contractors. Furthermore, any
and all personal and/or real property owned, leased or controlled
by any hauler shall at all times be considered and remain as the sole
personal and/or real property of said person.
The City of Altoona is hereby authorized to promulgate rules
and regulations and to issue forms as necessary to implement this
article.
Any person who operates, causes or permits to be operated a
motor vehicle or truck in violation of this article or who causes
or permits the accumulation of municipal waste, other refuse material
or recyclables in violation of this article or any person who violates
any other provision of this article shall be, upon conviction thereof,
sentenced to pay a fine of not less than $100 nor more than $1,000
plus costs or to a term of imprisonment not to exceed 90 days, or
both. Each day that a violation continues shall constitute a separate
offense.
The Blair County Department of Solid Waste, the City of Altoona
Code Enforcement Department and the City of Altoona Police Department
are hereby authorized to enforce the provisions of this article and
any and all solid waste and/or recycling ordinances, all as may be
amended from time to time, enacted by the City of Altoona.
