As used in this article, the following terms shall have the
meanings indicated:
ASHES
The residue from the burning of wood, coal, coke and other
combustible materials for the purposes of heating and cooking.
CITY
The City of Pottsville.
COLLECT/COLLECTION
Where it is used to describe the collection of solid waste,
recyclables, or leaf waste, shall mean the act of any person in traversing
to another person's place of abode or business and receiving
or taking possession of his/her solid waste, recyclables, or leaf
waste, and subsequently disposing the same material by landfilling,
incinerating, composting, marketing, or other method which serves
to remove the material from the place from which it was generated
and to provide a destination for the materials at a place other than
where they were generated.
CONSTRUCTION DEBRIS
All refuse and solid waste generated as the result of the
construction on the property or structure.
DWELLING STRUCTURE
Any structure containing one or more rooms providing sleeping
and sanitary facilities, not including a hotel, hospital, nursing
home, dormitory, fraternity or sorority house, rooming house, boardinghouse
or similar structure.
DWELLING UNIT
One or more rooms, including a kitchen or kitchenette and
sanitary facilities, in a dwelling structure, designed as a unit for
occupancy by not more than one family.
GARBAGE
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of foods. It shall not include
more than a minimum amount of free liquids. It shall not include food-processing
wastes from canneries, packing plants or similar industries, nor large
quantities of condemned food products.
REFUSE
Garbage, ashes and rubbish as herein defined.
RESIDENTIAL PROPERTIES
Properties used as dwellings, including buildings having
up to and not more than three dwelling units in one building.
RUBBISH
All waste materials not included in "garbage" and "ashes,"
except such waste materials as are not commonly produced in homes,
stores, institutions and industries.
SOLID WASTE
All garbage, refuse, rubbish, and ashes, including, but not
limited to, all items normally found around the household.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
YARD WASTE
Includes leaves, tree trimmings, brush, garden residue, and
grass clippings.
The City of Pottsville may, at its sole discretion, contract
with, engage in, or in any manner enter into an agreement or agreements
for the removal and disposing of solid wastes and recyclable materials
with one or more entities or businesses licensed in the County of
Schuylkill or, at its discretion, as part of City services provide
solid waste and recyclable removal from all City properties, or a
subset thereof, including but not limited to residences, businesses
and/or public entities.
All residential properties are required to use the hauler contracted
by the City and pay to the City the fees assessed in accordance with
this article.
It shall be a violation of this article for any person to collect,
pick up, remove or cause to be collected, picked up or removed solid
waste generated in the City unless said person is authorized to do
so by the City or by a person having management or control or who
occupies any land or other real property on which said solid waste
is generated. Said prohibition applies regardless of whether said
solid waste has been placed at or near the street curb or edge of
street pavement for the purpose of disposal. Each such collection
in violation hereof shall constitute a separate and distinct offense
punishable as hereinafter provided.
No salvaging or scavenging operations shall be permitted from
solid wastes or recyclable materials placed at the curb or the edge
of pavement.
Any person who shall place any solid waste or recyclable materials
upon any parcel not owned, leased or lawfully occupied by such person
and without the explicit consent of the owner or occupant of said
parcel shall be deemed to have violated this article.
It shall be unlawful for any person to place at the curb or
along the edge of street pavement within the City of Pottsville or
to dispose, discard or abandon in said portion of the City any solid
waste generated outside the corporate limits of the City of Pottsville.
The dumping of clean fill (rocks, cinders, etc.) shall be permitted
within the City of Pottsville by special permit obtained from the
City of Pottsville only for the purpose of filling in to establish
grades. Such clean fill shall not be construed to mean rubbish or
garbage as herein defined or any other kind of solid waste material
which might adversely affect or injure the use of adjacent property.
Except as otherwise provided, all acceptable waste intended
for removal by a City-provided service shall be drained and shall
be contained in tightly covered, watertight, galvanized-iron or other
nonrusting metal or heavy plastic cans having handles or in heavy
plastic bags properly secured at the top thereof. Any acceptable waste
which cannot be readily deposited in such receptacles may be compacted
and securely bundled, tied or packed so as to be easily handled and
shall not be likely to be scattered.
The City of Pottsville reserves the right to establish the quantities
of acceptable waste and recyclable material and any other type of
waste permitted per household and/or property in the event the City
engages in trash hauling or contracts with one or more single haulers.
If a property owner does not remit to the City assessed fees as identified in §
189-41, the City Treasurer is hereby empowered to certify the amount due to the City and remit that amount for collection. In addition to the full amount due to the City, the property owner will also be responsible to pay administration fees assessed to the account by the collection entity. If collection efforts are exhausted, that amount will be provided to the City Solicitor. The amount due shall then be a lien upon such premises from the time the lien is filed. The amount due shall also include filing fees, satisfaction fees, and attorney's fees. All of the above shall constitute the lien on said property.