[HISTORY: Adopted by the City Council of the City of Pittston as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-9-1991 by Ord. No. 1991-6; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Recyclable cans will be as follows: aluminum cans (i.e., beer, soda); tin (steel) cans; all-food cans, such as vegetables, fruit, pet food, juice, coffee, etc.
- COMMERCIAL ESTABLISHMENTS
- Those properties used primarily for commercial or industrial purposes.
- COMMUNITY ACTIVITIES
- Events that are sponsored by public or private agencies or individuals that include but are not limited to fairs, bazaars, socials, picnics and organized sporting events attended by 200 or more individuals per day.
- CORRUGATED PAPER
- Paper which has been shaped or wrinkled into parallel grooves and ridges, including cardboard.
- GLASS CONTAINERS
- Recyclable glass will be clear, brown or green bottles and jars; nonrecyclable glass is as follows: mirrors, dishes, cups, light bulbs, crystal or ceramics.
- HIGH-GRADE OFFICE PAPER
- All white paper, bond paper and computer paper used in commercial, institutional and municipal establishments and in residences.
- A dwelling unit in a house or row of houses, a "dwelling unit" being defined as a building thereof with exclusive culinary and/or sanitary facilities, designed for occupancy and use by one person or one family.
- INDEPENDENT CONTRACTOR
- A private garbage hauler engaged by a commercial, residential or institutional establishment who is licensed by the City of Pittston.
- 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, clipped shrubbery and tree trimmings, but not including grass clippings.
- Recyclable magazines will be glossy publications, including catalogs and phone books.
- MULTIFAMILY HOUSING PROPERTIES
- Any properties having four or more dwelling units per structure, not previously afforded municipal waste collection.
- MUNICIPAL ESTABLISHMENTS
- Public facilities operated by the municipality and other governmental and quasi-governmental authorities.
- As used herein, shall be deemed to include paper of the type commonly referred to as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other matters of public interest. Magazines and periodicals, as well as all other products of any nature, are not considered newspaper.
- NONRECYCLABLE CANS
- Will include aerosol spray cans, foil and paint cans.
- NONRECYCLABLE CORRUGATED PAPER
- Will include pizza boxes, tissue boxes, cereal boxes and detergent boxes.
- NONRECYCLABLE MAGAZINES
- Will include hard- and soft-covered books.
- NONRECYCLABLE PLASTIC
- Will include motor oil bottles, plastic cups, flowers, pens, toys, plastic wrap or Styrofoam.
- Recyclable plastic will be bottle and jar containers only; example: milk, water, soda, detergent and shampoo.
- Material having an economic value in the secondary materials market. The following materials have such economic value: aluminum cans, bimetal cans, glass containers, corrugated paper, magazines, computer printout paper, computer tab cards, office paper, steel cans, newspaper and plastic.
There is hereby established a resource recovery program for the mandatory separating of recyclables from garbage and rubbish in the City of Pittston.
Residential, multifamily properties, commercial establishments, public and private institutions, municipal establishments and community activities are required to adhere to the regulations as listed in this article.
Collection agent. Residential recycling will be collected by the Pittston City Streets and Sanitation Department or a contractor designated by the City Council. Only the collection agent authorized by the City Council is authorized to collect the City's residential recycling. Violations are as set forth in § 412-8.
Recycling streams. There shall be three separate recycling streams: single-stream commingled, yard waste, and Christmas trees, as follows:
Single-stream commingled recycling shall include clear and colored glass, recyclable plastics, tin, aluminum, recyclable ferrous and nonferrous metals, newspaper, corrugated and noncorrugated cardboard, magazines and office paper. Other items may be added to this stream as approved by the City Administrator, and such additions will be communicated to the public by means of the public information system specified in § 412-7. All items placed for recycling shall be reasonably clean so as to prevent attraction of rodents or vermin.
Yard waste recycling shall include grass clippings, tree branches not more than four inches in diameter and four feet in length, and leaves. Branches must be bundled with twine in piles not more than four feet long and four feet high. Yard waste placed for collection at the curb must be placed in a manner that does not obstruct the flow of traffic, interfere with parking, driveways or obstruct public sidewalks.
Christmas tree recycling. The City Street Department will hold an annual collection of used Christmas trees on dates specified by announcement on the City website, recycling calendar, and newspaper of general circulation. Trees placed for collection must have all decorations and light strings removed and cannot be attached to a stand or encased in a plastic bag. Additionally, trees must be placed for collection in a manner that does not obstruct the flow of traffic, interfere with parking or driveways, or obstruct public sidewalks.
Prohibitions. The following cannot be included in recycling: food, garbage or rubbish; sewage; cans or lids for paint, varnish, or other overcoating cans either empty or filled; hazardous waste/materials; plastic bags; wire; medical waste or medical waste containers; dirt; rocks; entire bushes or shrubs; tree trunks; building wood; and any other items as specified by the Superintendent of the Department of Streets and Sanitation and/or City Administrator. The City reserves the right to amend at any time what items can be collected as recycling based on current recycling industry standards and state laws and regulations. Any changes to what can be collected as recycling will be communicated to the public in accordance with § 412-7.
Proper procedures for recycling. Recycling must be placed curbside for collection no later than 5:00 a.m., prevailing time, and no earlier than after 5:00 p.m., prevailing time, the day before the collection day. Recycling must be placed curbside in open containers to be collected. No container may weigh more than 30 pounds. Newspapers, magazines, and other paper must be bundled in paper bags or tied with twine so as to not blow around and cause litter. Any recycling found to be contaminated with any items in § 412-3D shall result in the entire container being left behind, and the property owner is then responsible for disposal. Yard waste, single-stream commingled recycling and Christmas trees cannot be collected in plastic bags. Recycling of any type placed for collection cannot obstruct public sidewalks or driveways or interfere with the safe flow of traffic. Any recycling out for collection that spills or is spilled is the responsibility of the property owner to clean up.
Multifamily housing properties are required to recycle all materials contained in § 412-3 of this article and to provide for the proper collection, storage and disposal by a private hauler who is licensed by the City of Pittston and to provide the City with the necessary reports with regard to recyclables and landfill tonnage.
High-grade office paper, aluminum and corrugated paper and leaf waste shall be kept separate from other refuse. Further, these materials must be stored in an area free from exposure to the elements and shall be safe from vermin.
Each commercial, institutional and municipal establishment shall arrange with a licensed independent contractor for private collection of the aforementioned recyclables, as well as for collection of remaining solid waste.
Reporting requirement. Each commercial, industrial, institutional and municipal establishment is required to submit an annual calendar-year recycling report to the City Recycling Coordinator on a form provided by the Recycling Coordinator. This report shall meet all requirements of Act 101, the Municipal Waste Planning, Recycling and Waste Reduction Act, and shall include the type of recycling by designated category, total weight recycled by designated category, and disposal site for each category by name and address of the recycling company. These reports must be submitted by the deadline set by the Recycling Coordinator or shall constitute a violation.
Editor's Note: See 53 P.S. § 4000.101 et seq.
Report violation. Failure to submit the report required in § 412-5C within 10 days of the date required shall constitute a violation of this article. The Recycling Coordinator will report to the City Administrator the names of all subject to reporting who have not submitted the report. At the direction of the City Administrator, the Code Enforcement Officer shall issue nontraffic citations to each violator, with penalties prescribed in § 412-10.
Membership. The City Council may, by resolution, be a member of the Greater Pittston Regional Compost Commission and, if a member, shall appoint a representative to said Commission by resolution and the Commission's bylaws.
The member so designated shall ensure that all appropriate information on Commission operations is provided to the City Administrator, Recycling Coordinator, City Council and Superintendent of the Department of Streets and Sanitation.
Yard waste and Christmas trees taken by the City of Pittston to the Greater Pittston Regional Compost Commission facility may be subject to additional requirements of the Commission, and any such requirements shall be adopted by the City for recycling taken there.
The City Recycling Coordinator, as directed by the City Administrator and subject to the availability of budget appropriation by the City Council, shall inform the public on recycling by printed publications, an annual recycling calendar, newspaper articles and advertisements, and news releases.
The City Administrator shall ensure that recycling information is posted on the City website.
From the time of placement of recyclables at the curb or in recycling shelters for collection in accordance with the terms hereof, items shall be and become the property of the City of Pittston or its authorized agent. It shall be a violation of this article for any person unauthorized by the City of Pittston to collect or pick up or cause to be collected or picked up any such items. Any and each such collection in violation hereof from one or more locations shall constitute a separate and distinct offense, punishable as hereinafter provided.
It shall be unlawful for a person to collect, remove or dispose of solid waste which contains mandated recyclables combined with other forms of solid waste.
This section shall be enforced by the City Police Department and/or Code Enforcement Officer as directed by the City Administrator.
The residential recycling collection schedule for single-stream commingled, yard waste and Christmas trees will be set by an annual recycling calendar prepared by the Recycling Coordinator in consultation with the Superintendent of the Department of Streets and Sanitation and approved by the City Administrator. The schedule may be amended by the City Administrator due to weather conditions or emergencies or administrative circumstances.
A nontraffic citation shall be issued by the Police Department or Code Enforcement Officer to each person who shall violate any of the provisions of this article.
Upon conviction, the offender shall be sentenced to pay a fine of not less than $150 and not more than $1,000 and pay, in addition, all court costs and City-incurred legal fees associated with the prosecution.
Each day the offense continues may be deemed a separate offense. Upon default of the payment of the fines and/or costs, the offender shall be sentenced to imprisonment for not more than 90 days per offense.
[Adopted 3-19-2003 by Ord. No. 2003-1]
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 purposes of residential heating and cooking. It shall not include the cinders produced in steam-generating plants.
- AUTHORIZED HAULER
- The City, its contracted hauler or any City-licensed private hauler.
- COMMERCIAL ESTABLISHMENT
- Any property in the City used for other than residential purposes, whether or not such purpose is for profit, and including but not limited to restaurants, hotels, cafes, clubs, dormitories, cafeterias, dealers in consumable foodstuffs and industrial or manufacturing entities of any nature whatsoever. "Commercial establishment" shall also include residential units which are located outside of the City of Pittston boundaries.
- EQUIVALENT DWELLING UNIT
- A dwelling unit in a house or row of houses or building, a "dwelling unit" being defined as a building thereof with exclusive culinary and/or sanitary facilities, designed for occupancy and use by one person or one family (household).
- 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 waste from commercial canneries, packing plants, or similar industries, nor large quantities of condemned food products.
- A natural person, firm, partnership, association or corporation.
- PUBLIC PLACE
- Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, spaces, grounds and buildings.
- Garbage, ashes and rubbish as herein defined.
- RESIDENTIAL COMMERCIAL GROUP PROPERTIES
- Any group of properties owned by a person (as defined) and containing a minimum of six equivalent dwelling units.
- RESIDENTIAL COMMERCIAL UNIT
- Any building containing six or more equivalent dwelling units. Included shall be all individual EDUs which number a minimum of six and all owned by a single legal entity.
- All waste materials not included in garbage and ashes, except rubbish from building construction or reconstruction, street construction and maintenance 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.
All refuse accumulated in the City shall be collected, conveyed and disposed of by the City, and the cost of such service shall be paid as provided in the schedule of fees set forth in § 412-15 hereof. It shall be unlawful for any person to collect, convey over any of the streets or alleys of the City or dispose of any refuse accumulated in the City without first being licensed by the City. Collectors of refuse from outside of the City shall have the right to haul such refuse over City streets, if such collectors comply with the provisions of this section as to their equipment and vehicles. Commercial enterprises may elect refuse removal by a private licensed hauler or utilize the City's service through a negotiated contract.
The collection and disposal of refuse in the City of Pittston shall be under the supervision of the Director of Streets and Public Improvements, as directed by the City Administrator. He shall have 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 deems 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 any regulation made by the Director of Streets and Public Improvements to the City Administrator, who may confirm, modify or revoke any such regulation.
Commercial enterprises at which place refuse is accumulated and who desire personally to collect and dispose of that refuse, and persons who desire to dispose of waste material not included in the definition of "refuse" and collectors of refuse from 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 otherwise 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.
Ownership of refuse material set out for collection shall be vested in the City. The ownership of all material placed on the City Dump shall be vested in the owner of the dump premises.
City residents who own and operate a commercial business within the City limits and who have contracted with a licensed private hauler for such business and who desire to use such facility for the disposal of their personal household garbage may do so. Such residents are required to comply with Article I, Recycling, of this chapter and must provide the City Recycling Coordinator with written documentation of weights of recyclables and garbage at the time designated in Article I, Recycling, of this chapter. Such residents are further required to serve written notice of their intentions to not utilize the City's service by February 1 of each year. This notice shall include the name and address of the commercial business, as well as the name and address of the City-licensed private hauler. It shall be the responsibility of the resident to verify the City license of the private hauler.
An owner of a "nonbillable EDU," defined as any EDU which is determined and found to be nonbillable by and through the policies and procedures currently in place and the practice followed by the Wyoming Valley Sanitary Authority, shall be exempt from the fees established by File of Council No. 3 (1997) and from the standard billing and payment obligation set forth therein. All EDUs determined and found to be billable by the policies and procedures followed by the Wyoming Valley Sanitary Authority shall be required for the payment of all fees and payment obligations as established in File of Council No. 3 (1997). The City Treasurer/Tax Collector shall rely on the WVSA billable EDUs listing for the City of Pittston as a checks and balances for the City's billable EDUs. This amendment and the exclusion created herein shall be applied retroactively to January 1, 2002, and shall be determined and authorized by the City Treasurer/Tax Collector. Any and all appropriate refunds authorized and approved by the City Treasurer/Tax Collector shall be made in accordance herewith.
Separation of refuse. Garbage, ashes and rubbish shall each be placed and maintained in separate containers.
Preparation of refuse.
All garbage, before being placed in garbage cans for collection, shall have drained from it all free liquids and may be wrapped in paper.
All rubbish shall be drained of liquid before being deposited for collection.
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 depositing for collection.
Garbage receptacles shall be made of metal or durable hard plastic, must be watertight, and be provided with tight-fitting covers.
No person shall use for the reception of garbage any receptacle having the capacity of more than 30 gallons, nor exceeding 30 pounds in weight.
All garbage receptacles shall be kept as sanitary as possible and shall be thoroughly cleansed by the occupant after garbage is removed by the collector.
Ash receptacles shall be of metal and have a capacity of not more than 10 gallons.
Rubbish receptacles shall be of a suitable kind which can be easily handled by one man, such as a plastic bag.
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 or that may have ragged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. Failure to comply may be deemed a violation of this article and, additionally, may result in refusal to collect or the removal of the defective receptacle as refuse.
Storing of refuse.
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 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.
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 date of this article shall be deemed a violation of this article.
It shall be unlawful for any person, other than the occupants of the premises on which refuse receptacles are stored, or the collector to remove the covers of any of the contents of refuse receptacles.
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 or alley, and accessible to and not more than 10 feet from the side of the street or alley from which collection is made.
Frequency of collection. Refuse will be collected at least once each week.
Special refuse problems.
Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes or other places where highly infectious diseases have prevailed shall be performed under the supervision and direction of the Director of Streets and Public Improvements and the health officer/agent. Such refuse shall not be placed in containers for regular collections.
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.
Liquid paint. Liquid paint cannot be collected.
[Amended 3-21-2007 by Ord. No. 2007-4]
The fees for the collection and disposal of refuse placed for collection at ground level and not more than 10 feet distant from the side of the streets or alley from which collection is made shall be as follows:
Each property owner shall be responsible for the payment of each equivalent dwelling unit (EDU) owned by them.
The fees for each residential EDU shall be as follows:
[Amended 6-17-2009 by Ord. No. 2009-5; 4-21-2010 by Ord. No. 2010-1; 1-19-2011 by Ord. No. 2010-13; 3-16-2011 by Ord. No. 2011-2; 12-21-2011 by Ord. No. 2011-22; 12-19-2012 by Ord. No. 2012-17; 3-19-2014 by Ord. No. 2014-6]
Property owners in the City of Pittston are required to purchase a minimum of 60 stickers at a fee as set by resolution of the City Council for each residential EDU. The late fee for the minimum of 60 stickers shall be as set by resolution of the City Council.
Additional stickers may be purchased from the City Treasurer's office in sheets of six stickers for an amount as set by resolution of the City Council.
There will be no discounts for early payments. Property owners who make payments within 30 days after the due date shall be assessed a late fee as set by resolution of the City Council. Property owners who make payments after 90 days of the due date shall be assessed a late fee by a collection agency authorized by the City of Pittston, in an amount as set by resolution of the City Council.
Modification. All fees identified in this article can be modified by resolution by the City Council of the City of Pittston.
[Added 3-19-2014 by Ord. No. 2014-6]
[Added 3-21-2007 by Ord. No. 2007-4]
No refuse, garbage, rubbish, recyclables, and/or ashes may be placed for collection for longer than 24 hours prior to the scheduled collection date. Special permission may be granted to place the garbage/refuse, rubbish, ashes, and/or recyclables for collection for a period longer than 24 hours before the scheduled collection date, provided that a written request is made to and approved by the City Administrator. All such requests must be received by the office of City Administrator at least one week prior to the scheduled collection date.
[Added 3-21-2007 by Ord. No. 2007-4]
The Director of Streets and Public Improvements may discontinue refuse collection service to all delinquent accounts, unless City Council specifically directs otherwise.
[Amended 3-21-2007 by Ord. No. 2007-4; 4-21-2010 by Ord. No. 2010-1]
Any person, whether as principal, agent or employee, violating or assisting in violation of any of the provisions of this article or of any regulation made by Council or the Director of Streets and Public Improvements under the provisions hereof shall, upon conviction thereof before a Magisterial District Judge, pay a fine of not less than $25 and not more than $300. In default of the payment of such fine and costs of prosecution, such person may be imprisoned in the county jail for a period of not more than 10 days. After notice, each day of violation of the provisions of this article or any such regulation shall be deemed a separate offense and shall be subject in all respects to the same penalty as the first offense, and separate proceedings may be instituted and separate penalties imposed for each individual violation after the first conviction.
In addition, the City, individually or by and through its agent, designee or assign, may, at its discretion, collect delinquent fees by an action of assumpsit in the name of the City against the owner of the property charged. The City of Pittston may, by distress or writ of execution, levy on personal property on the premises and sell said property to satisfy the account or file a lien in the nature of a municipal lien. Additionally, the City Council, at its discretion, may authorize and/or designate a third-party collection agency as collector of the delinquent account(s). Such accounts assigned to and designated for collection through a third-party collection service may be assessed additional collection charges up to and including an additional 30% late penalty/collection fee. Additionally, any and all costs associated with collecting the delinquent refuse fees, including but not limited to the aforesaid collection agent fees, costs, court fees, attorneys' fees, filing fees, etc., incurred in any such action shall be paid by the property owner.
The City Administrator may approve collection from certain commercial properties where unique circumstances make it impracticable to be serviced by a private hauler. It will be the responsibility of the City Administrator to set the costs of commercial accounts, as well as the costs of bulk items, and the method of billing for the same.