[Ord. 4, 1/31/1994]
This Part will be known and may be cited as the "Solid Waste
Management Ordinance of the City of St. Marys."
[Ord. 4, 1/31/1994]
It is hereby declared to be the purpose of this Part to coordinate
and to regulate the storage, collection, transportation, processing
and disposal of all solid waste materials as herein defined in order
to protect the public safety, health, and welfare of the people of
the City of St. Marys, hereinafter referred to as the "City."
[Ord. 4, 1/31/1994]
For the purpose of this Part, the following words and phrases
shall have the meaning given herein:
ABANDONED VEHICLES
Motor vehicles and trailers that are discarded on public
or private property. Any vehicle having an expired license which is
not in a protective enclosure or in an area for stripping, processing
or scrapping shall be considered abandoned. Vehicles with currently
valid licenses shall be considered abandoned when they remain in or
on the public thoroughfare in nonworkable condition for 48 hours or
longer.
ASHES
The residue resulting from the burning of wood, coal, or
other combustible material. This definition excludes ashes resulting
from industrial processes.
AUTHORIZED COLLECTOR
A person, individual, partnership, or corporation or employer
or agent thereof authorized by contract with the City to collect solid
waste from residential, commercial and institutional properties as
herein defined under the terms and conditions of this Part. In the
event of City collection, this definition shall include the City Council
and employees thereof.
BULKY WASTE
Large items of refuse, including, but not limited to, appliances,
large auto parts, furniture, and large trees and branches which require
collection in other than conventional compactor refuse collection
vehicles.
CITY
The City of St. Marys.
COLLECTOR
The person, firm, agency or public body or employee or agent
thereof who is engaged in the collection and/or transportation of
solid waste.
COMMERCIAL PROPERTIES
All properties for industrial or commercial purposes; provided,
that multiple dwelling residential buildings containing four or more
dwelling units, for purposes of this Part, shall be treated as commercial
properties.
COMPOSTABLE MATERIAL
Organic material that can be degraded by a controlled microbial
process to produce a relatively nuisance-free product of potential
value as a soil conditioner.
COMPOSTING
A controlled microbial degradation of organic waste to produce
a relatively nuisance-free product of potential value as a soil conditioner.
CONTAINER
Can, mechanical bin, box, or disposable container used for
storage of refuse.
COORDINATOR
The individual designated by the City Council to be responsible
for solid waste management within the City.
DEAD ANIMALS
Those animals, not exceeding 1,000 pounds, that die naturally
or are accidentally killed. Condemned animals or parts of animals
from slaughter houses or similar places are not included in this term
but are regarded as industrial refuse.
DEPARTMENT
The City agency designated to be responsible for solid waste
management within the City.
DISPOSAL SITE
A site, location, tract of land, area or premises used or
intended to be used for solid waste disposal.
DUMP
A site for the consolidation of waste from one or more sources
which has little or no management.
FARM PROPERTY
A parcel or parcels of land devoted to agricultural; either
to raising crops, livestock, poultry or pasture.
GARBAGE (FOOD WASTE)
Animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods. It does not include wastes from industrial
processing or manufacturing of food products, bodies of dead animals
or human excrement.
HAZARDOUS WASTE
Solid waste that is especially harmful or potentially harmful
to public health. This shall include, but not be limited to, explosive,
toxic materials and medical wastes. For purposes of this Part, hazardous
waste does not include small quantities of such waste available on
a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers,
etc.)
INCINERATOR
Any device used for the burning of solid waste where the
factors of combustion, i.e., temperature, retention time, turbulence
and combustion air, can adequately be controlled.
OPERATOR
Any person who manages any solid waste storage, transfer,
processing or disposal operator.
PERSON
Any individual, firm, partnership, association, corporation,
institution or other entity.
PRIVATE COLLECTOR
A collector of solid waste licensed by the City to provide
collection services to residential, commercial or institutional properties
on a private contract basis.
RECYCLABLE MATERIALS
Those materials specified by the City for separate collection
in accordance with recycling regulations. Such materials may include,
but need not be limited to, aluminum products, ferrous containers,
bimetal containers, glass containers, newspapers, magazines and periodicals,
plastic containers and yard wastes.
RECYCLING
The separation, collection, processing, recovery, and sale
or reuse of metals, glass, paper, plastics, and other materials which
would otherwise be disposed of as solid waste.
REFUSE
All solid wastes, except body wastes; and shall include,
but is not limited to, garbage, ashes, bulky wastes, and rubbish;
except that refuse shall specifically exclude hazardous waste.
RESIDENTIAL PROPERTY
Properties used as dwellings, including buildings having
up to three dwelling units in one building. Multiple dwelling residential
buildings containing four or more dwelling units, for purposes of
this Part, shall be treated as commercial properties.
RESIDUE
Solid materials remaining after burning, including, but not
limited to, ashes, metals, glass, ceramics and unburned organic substances.
RUBBISH
Solid waste exclusive of garbage (e.g., nonrecyclable glass,
metal, paper, or plastic and noncombustible plant material, wood,
or nonputrescible solid wastes).
SALVAGE OPERATION
Any business, trade or industry engaged in whole or in part
in salvaging or reclaiming any product or material including, but
not limited to, automobiles, metals, chemicals, shipping containers
or drums.
SALVAGING
The controlled removal of reusable materials at a salvage
operation.
SANITARY LANDFILL
A Pennsylvania Department of Environmental Resources approved
method of disposing of refuse on land without creating nuisances or
hazards to the public health or safety. This is done by confining
refuse to the smallest practical volume, and covering it with a layer
of earth at the conclusion of each day's operation or at such
more frequent intervals as may be necessary.
SCAVENGING
Uncontrolled or unauthorized removal of solid waste materials.
SOLID WASTE
Garbage, refuse and other discarded solid materials including,
but not limited to, solid waste materials resulting from industrial,
commercial and agricultural operations, and from community activities.
Liquids, semisolids, and contained gaseous materials are hereby defined
as solid waste. It shall not include solids or dissolved material
in domestic sewage or other significant pollutants in water resources,
such as silt, dissolved or suspended solids in industrial wastewater
effluent, dissolved materials, irrigation return flows, or other common
water pollutants. In addition, it shall not include hazardous waste.
SOLID WASTE MANAGEMENT
The purposeful systematic control of the storage, collection,
transportation, processing, and disposal of solid waste.
TRANSFER STATION
Fixed facility used for receiving refuse from collection
trucks and placing it in large-volume, long-haul vehicles.
YARD WASTE
Prunings, grass clippings, weeds, leaves and general yard
and garden wastes.
[Ord. 4, 1/31/1994]
The Code Enforcement Officer shall be responsible for all aspects
of solid waste management within the City and will serve as coordinator.
[Ord. 4, 1/31/1994]
The Coordinator shall be responsible for the preparation of
all necessary plans for solid waste management and shall coordinate
these plans with other local, county, state and federal agencies.
These plans shall control the collection, storage, transportation,
processing and disposal of all solid waste materials. In accordance
with all pertinent statutes, rules and regulations of the Commonwealth
of Pennsylvania, the Coordinator shall:
A. Provide municipal solid waste collection, storage, transportation
and disposal services, and/or approve and regulate the establishment,
maintenance and operation of private solid waste collection, storage,
transportation and disposal services.
B. Aid and assist the commonwealth in the application and enforcement
of rules and regulations pertaining to solid waste management.
C. Adopt, issue and enforce such local rules and regulations pursuant
to § 118 of this Part as are necessary to implement and
to carry out the intent of this Part.
D. Assist in the review of permits required by the commonwealth for
siting and operation of transfer, processing and disposal facilities.
E. Enforce this Part by issuing warning notices and initiating proceedings
against violators of this Part and its appurtenant rules and regulations.
[Ord. 4, 1/31/1994]
The collection of solid waste in the City and the disposal thereof
shall be subject to such further reasonable rules and regulations
as may from time to time be promulgated by the City Council and administered
by the Coordinator; provided, however, that no such rules and regulations
shall be contrary to the provisions of this Part or applicable law.
[Ord. 4, 1/31/1994]
Prior to operation of any solid waste storage transfer, processing
or disposal facility within the City, the applicant shall be required
to present evidence of insurance coverage. The City Council shall
have the right, at any time, and without refund of any part of the
license fee, to suspend or revoke the license of any authorized or
private collector for any of the following causes:
A. False or misleading statements in the application for a license.
B. Lapse or cancellation of insurance coverage.
C. Collecting or transporting refuse in a careless or negligent manner
resulting in dirt, odor or any unsanitary condition.
D. Failure to deposit solid waste at a Department of Environmental Resources
approved disposal site in compliance with all disposal regulations
in force at the approved site.
E. A violation of any part of this Part or any other ordinances of the
City, or any applicable State or County laws.
[Ord. 4, 1/31/1994]
The coordinator may petition the Court of Common Pleas (59th
District) for an injunction, either mandatory or prohibitive, to enforce
any of his decisions.
[Ord. 4, 1/31/1994]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 plus costs 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 continues shall constitute
a separate offense.
[Ord. 4, 1/31/1994]
The short title of this Part shall be the "City of St. Marys
Curbside Recycling Ordinance," and the same may be cited in that manner.
[Ord. 4, 1/31/1994; as amended Ord. 186, 7/5/2004, § 1]
As used in this Part:
BIMETAL CONTAINERS
Empty food or beverage containers consisting of ferrous sides
and bottom and an aluminum top.
COMMERCIAL ESTABLISHMENT
Those properties used primarily for commercial or industrial
purposes and those multiple dwelling residential buildings containing
more than four dwelling units.
COMMUNITY ACTIVITIES
Events that are sponsored by public or private agencies or
individuals that include, but are not limited to, fairs, bazaars,
social, picnics and organized sporting events attended by 200 or more
individuals per day.
CORRUGATED PAPER
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
ELECTRONICS
Shall include, but not be limited to: answering machines,
compact disc players, copiers, duplicators, DVD players, electric
typewriters, fax machines, hard drives, laptops, mainframe computers,
mobile phones, modems, microwave ovens, pagers, personal computers
(including CPUs, monitors, keyboards, mouses and peripherals), printers,
printed circuit boards, radios, remote controls, stereos, tape players,
telephone and telephone equipment, televisions, testing equipment,
transparency makers, uninterruptible power supplies and VCRs. Expressly
prohibited are radioactive materials, smoke detectors, thermostats
and appliances.
GLASS CONTAINERS
Bottles and jars made of clear, green or brown glass. Expressly
excluded are noncontainer glass, plate glass, blue glass and porcelain
and ceramic products.
HIGH-GRADE PAPER
All white paper, bond paper and computer paper used in commercial,
institutional and municipal establishments.
INSTITUTIONAL ESTABLISHMENT
Those facilities that house or serve groups of people such
as hospitals, schools, day care centers and nursing homes.
LEAF WASTE
Leaves from trees, bushes and other plants, garden residue,
chipped shrubbery, and grass clippings, but excluding debris from
clearing, grubbing, or agricultural management operations in the R-C
Rural Conservation Zoning District.
[Amended by Ord. 303, 4/17/2017]
MAGAZINES and PERIODICALS
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded, however, are all
other paper products of any nature whatsoever.
MUNICIPAL ESTABLISHMENTS
Public facilities operated by the City and other governmental
and quasi-governmental authorities.
NEWSPAPER
The paper of the type commonly referred to as newsprint and
distributed at fixed intervals, having printed thereon news and opinions,
containing advertisements and other matters of public interest. Expressly
excluded, however, are newspapers which have been soiled.
PERSON(S)
Owners, lessees and occupants of residences, commercial or
institutional establishments.
PLASTIC CONTAINERS
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
RECYCLABLE MATERIAL
Those materials specified by the City to be recycled. This
list of materials is specified in the recycling regulations resulting
from this Part and may be revised from time to time as deemed necessary
by the City.
RESIDENCE
Any occupied single or multifamily dwelling having up to
three dwelling units per structure from which a municipal or private
hauler collects solid waste.
WASTE
A material whose original purpose has been completed and
which is directed to a disposal or processing facility or is otherwise
disposed. The term does not include source separated recyclable materials
or material approved for beneficial use.
YARD WASTE
Prunings, grass clippings, weeds, leaves and garden wastes.
[Ord. 4, 1/31/1994; as amended by Ord. 186, 7/5/2004, § 2]
1. Recyclable Materials and Leaf Waste. There is hereby established
a program for the mandatory separation of recyclable materials and
leaf waste from solid waste by all persons within the City of St.
Marys, hereinafter referred to as the "City."
2. Electronic Materials. All residents are required to separate qualified
electronic materials from their waste stream. All qualified electronics
must be taken to the Elk County Electronics Recycling Center located
in the Stackpole Complex by the resident.
[Ord. 4, 1/31/1994; as amended by Ord. 145, 11/19/2001]
Recyclable materials shall be placed at the curb separated from
solid waste for collection at such times and dates as may be hereinafter
established by regulation. No recyclable material or leaf waste shall
be burned within the City of St. Marys.
[Ord. 4, 1/31/1994]
Separated recyclable materials placed at the curb for collection
by an authorized collector are the property of the City of St. Marys.
It shall be a violation of this Part for any person(s), unauthorized
by the City, to collect or pick up or cause to be collected or picked
up any such recyclable material. Each such collection in violation
hereof shall constitute a separate and distinct offense punishable
as hereinafter provided.
[Ord. 4, 1/31/1994]
The Recycling Coordinator is authorized and directed to enforce
this Part. The same is hereby authorized and directed to establish
and promulgate reasonable regulations as to the manner, dates and
times for the collection of recyclable materials in accordance with
the terms hereof and any other material required to implement this
Part. The Recycling Coordinator may change, modify, repeal or amend
any portion of said rules and regulations at any time. The Recycling
Coordinator shall give public notice as to the manner, days and time
of collection and any other matters requiring the imposition or change
of regulations concerning this Part.
[Ord. 4, 1/31/1994]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $100 nor more than $1,000 plus costs and, in
default of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation continues constitutes a separate
violation. No enforcement of §§ 203 and 204 of this
Part shall be made until three months from the effective date of regulations
authorized to be promulgated hereunder.
[Ord. 4, 1/31/1994]
The City may enter into an agreement(s) with public or private
agencies or firms to authorize them to collect all or part of the
recyclable materials from curbside.
[Ord. 4, 1/31/1994]
Any person may donate or sell recyclable materials to individuals
or organizations as permitted under § 1501(f) of Act 101.
These materials must either be delivered to the individual's
or organization's site or they may be placed at the curb for
collection by said individual or organization on days not indicated
as recyclable material collection days by the City. Said individuals
or organizations may not collect recyclable materials on or immediately
preceding (within 24 hours) a regularly scheduled curbside collection
day.