[Adopted 7-13-1992 by Ord. No. 370-1992 (Ch. X, Part 1, of the 1970 Code of Ordinances)]
A. ACT 97 ACT 101 BULKY WASTE COMMERCIAL ESTABLISHMENT CONTAINER COUNTY DEPARTMENT or DEP DISPOSAL DOMESTIC WASTE or HOUSEHOLD WASTE GARBAGE HAULER or PRIVATE COLLECTOR HAZARDOUS WASTE(1) (2) INDUSTRIAL ESTABLISHMENT INSTITUTIONAL ESTABLISHMENT LEAF WASTE LICENSED HAULER or LICENSED COLLECTOR MUNICIPAL WASTE MUNICIPALITY OCCUPIED DWELLING PERSON PROCESSING RECYCLING RECYCLING FACILITY REFUSE RESIDUAL WASTE RESOURCE RECOVERY FACILITY RUBBISH SALVAGING SCAVENGING SOLID WASTE SOURCE-SEPARATED RECYCLABLE MATERIALS STORAGE TRANSFER STATION TRANSPORTATION
The following words and phrases as used in Articles I and II shall have the meaning ascribed herein, unless the context clearly indicates a different meaning:
The Pennsylvania Solid Waste Management Act of 1980 (P.L. 380, No. 97, July 7, 1980).[1]
The Pennsylvania Municipal Waste Planning, Recycling and Waste Reduction Act (SB 528, Act 1988-101, July 28, 1988).[2]
Large items of solid waste, including but not limited to appliances, furniture, large auto parts, trees, branches or stumps which may require special handling due to their size, shape, or weight.
Any establishment engaged in nonmanufacturing or nonprocessing business, including, but not limited to, stores, markets, office buildings, restaurants, shopping centers and theaters.
A portable device in which waste is held for storage or transportation.
The County of Armstrong or the Armstrong County Board of County Commissioners.
The Pennsylvania Department of Environmental Protection (DEP).
The deposition, injection, dumping, spilling, leaking, or placing of solid waste into or on the land or water in a manner that the solid waste enters the environment, is emitted into the air or is discharged to the waters of the Commonwealth of Pennsylvania.
Solid waste, comprised of garbage and rubbish, which normally originates in the residential private household or apartment house.
Any solid waste derived from animal, grain, fruit, or vegetable matter that is capable of being decomposed by microorganisms with sufficient rapidity to cause such nuisances as odors, gases, or vectors.
Any person, firm, partnership, association or corporation engaged in the collection or transportation of municipal waste.
Any solid waste or combination of solid wastes, as defined in Act 97, 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; or
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
Any establishment engaged in manufacturing or processing, including, but not limited to, factories, foundries, mills, processing plants, refineries, mines and slaughterhouses.
Any establishment engaged in service, including, but not limited to, hospitals, nursing homes, orphanages, schools and universities.
Leaves, garden residues, shrubbery and tree trimmings, and similar material, but not including grass clippings.
Any municipal waste hauler or collector possessing a valid and current county license issued by the Armstrong County Solid Waste Authority pursuant to the County Solid Waste Ordinance and the municipality pursuant to this article.
Any garbage, refuse, industrial lunchroom or office waste and other material including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and any sludge not meeting the definition of residual or hazardous waste under Act 97 from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility. The term does not include source-separated recyclable materials.
The Borough of Kittanning, Armstrong County, Pennsylvania.
A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
Any individual, partnership, corporation, association, institution, cooperative enterprise, municipal authority, federal government or agency, state institution and agency, or any other legal entity which is recognized by law as the subject of rights and duties. In any provisions of this article which prescribe a fine, imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.
Any technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all of such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composting facilities, and resource recovery facilities.
The collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanical separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the operation of energy.
A facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute for or a supplement to virgin raw materials. The term "recycling facility" shall not mean transfer stations or landfills for solid waste, nor composting facilities or resource recovery facilities.
All solid waste materials which are discarded as useless.
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 from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, provided that it is not hazardous. The term "residual waste" shall not include coal refuse as defined in the Coal Refuse Disposal Control Act.[3] The term 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 Act of June 22, 1937, (P.L. 1987, No. 394) known as the "Clean Streams Law."[4]
A processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including, but not limited to, a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product.
All nonputrescible municipal waste except garbage and other decomposable matter. This category includes but is not limited to ashes, bedding, cardboard, cans, crockery, glass, paper, wood and yard cleanings.
The controlled removal or recycling of material from a solid waste processing or disposal facility.
The unauthorized and uncontrolled removal of material placed for collection or from a solid waste processing or disposal facility.
Any waste, including, but not limited to, municipal, residual or hazardous wastes, including solid, liquid, semisolid or contained gaseous material.
Materials that are separated from municipal waste at the point of origin for the purpose of recycling.
The containment of any waste on a temporary basis in such a manner as not to constitute disposal of such waste. It shall be presumed that the containment of any waste in excess of one year constitutes disposal. This presumption can be overcome by clear and convincing evidence to the contrary.
Any supplemental transportation facility used as an adjunct to waste collection route vehicles.
The off-site removal of any solid waste at any time after generation.
A.
It shall be unlawful for any person to accumulate or permit to accumulate upon any public or private property within the municipality, any garbage, rubbish, bulky waste, or any other municipal or residual solid waste except in accordance with the provisions of this article and any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
B.
It shall be unlawful for any person to burn any solid waste, including leaf waste, within the municipality except in accordance with the provisions of this article and any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
C.
It shall be unlawful for any person to dispose of any solid waste in the municipality except in accordance with the provisions of this article and any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
D.
It shall be unlawful for any person to haul, transport, collect, or remove any solid waste from public or private property within the municipality without a current, valid county license issued by the Armstrong County Solid Waste Authority, and first securing a license to do so in accordance with the provisions of this article.
E.
It shall be unlawful for any person to scavenge any materials from any municipal waste or source-separated recyclable materials that are stored or deposited for collection within the municipality without the prior written approval by the municipality.
F.
It shall be unlawful for any person to salvage or reclaim any solid wastes within the municipality except at an approved and permitted resource recovery facility under any Department Rules and Regulations adopted pursuant to Act 97 and Act 101.
G.
It shall be unlawful for any person to throw, place or deposit, or cause or permit to be thrown, placed or deposited any solid waste in or upon any street, alley, sidewalk, body of water, public or private property within the municipality except as provided in this article.
H.
It shall be unlawful for any person to place any used lead acid battery in mixed municipal solid waste for collection, or to discard or dispose any lead acid battery except by delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency, or a collection or recycling facility approved by the Department.
I.
It shall be unlawful for any person to place any municipal solid waste for collection on the streets designated as collection points more than 12 hours before the time set for collection.
[Added 9-4-2001 by Ord. No. 418-2001]
J.
It shall be unlawful for any person to store solid waste outside except in stored metal or plastic containers of a size not in excess of 33 gallons.
[Added 9-4-2001 by Ord. No. 418-2001]
K.
It shall be unlawful for any person to store solid waste except in accordance with the provisions of this article.
[Added 9-4-2001 by Ord. No. 418-2001]
A.
The storage of solid waste shall be practiced so as to prevent the attraction, harborage or breeding of insects or rodents, and to eliminate conditions harmful to public health or which create safety hazards, odors, unsightliness or public nuisances.
B.
Any person producing municipal waste shall provide a sufficient number of approved containers to store all waste materials generated during periods between regularly scheduled collections, and shall place and store all waste materials therein.
C.
Any person storing municipal waste for collection shall comply with the following preparation standards:
(1)
All municipal waste shall be drained of free liquids before being placed in storage containers.
(2)
All garbage or other putrescible waste shall be securely wrapped in paper, plastic or similar material or placed in properly tied plastic bags.
(3)
All cans, bottles or other food containers should be rinsed free of food particles and drained before being placed in storage containers.
(4)
Garden clippings and tree trimmings shall be placed in approved containers or shall be cut and tied securely into bundles. Bundles shall be not more than four feet in length, not more than two feet in diameter and not more than 40 pounds in weight.
(5)
Newspapers and magazines shall be placed in approved containers or shall be tied securely in bundles of not more than 40 pounds in weight.
(6)
When specified by the municipality or its designated representative, special preparation and storage procedures may be required to facilitate the collection and recycling of certain recyclable materials.
D.
All municipal waste shall be stored in containers approved by the municipality or its designated representative. Individual containers and bulk containers utilized for storage of municipal waste shall comply with the following standards:
(1)
Reusable containers shall be constructed of durable, watertight, rust and corrosion-resistant material, such as plastic, metal or fiberglass, in such a manner as to be leakproof, weatherproof, insect-proof, and rodent-proof.
(2)
Reusable containers for individual residences shall have a tight-fitting cover and suitable lifting handles to facilitate collection.
(3)
Reusable containers for individual residences shall have a capacity of not less than 10 gallons nor more than 40 gallons, and a loaded weight of not more than 40 pounds.
(4)
Except as provided in Subsection D(7) of this section, solid municipal waste shall be stored only in reusable containers that shall be metal or hard plastic and shall be labeled with the name and address of the owner on the lid and on the container.
[Amended 9-4-2001 by Ord. No. 418-2001; 1-10-2011 by Ord. No. 487-2011]
(5)
All containers shall also comply with the minimum standards established by the National Sanitation Foundation.
[Amended 9-4-2001 by Ord. No. 418-2001]
(6)
All municipal waste shall be stored in disposable plastic bags or sacks and placed within reusable containers as herein provided. Such disposable plastic bags or sacks shall have sufficient wall strength to maintain physical integrity when lifted by the top, shall be securely tied at the top for collection, and shall have a capacity of not more than 30 gallons and a loaded weight of not more than 35 pounds.
[Added 9-4-2001 by Ord. No. 418-2001]
(7)
The base monthly garbage collection fee provides for a maximum of three approved garbage containers per week from residential customers. Collection from additional approved containers can be purchased from the Borough by applying for the same from the Borough and paying the additional fees associated therewith as set forth in the applicable section of the Code of the Borough of Kittanning.
[Added 1-10-2011 by Ord. No. 487-2011; amended 5-13-2019 by Ord. No. 535-2019]
(8)
It shall be unlawful for any resident or occupant within the Borough to place waste for collection outside of an approved container; whether that waste is contained within plastic bags. All waste must always be placed within an approved container.
[Added 5-13-2019 by Ord. No. 535-2019]
E.
Any person storing municipal waste for collection shall comply with the following storage standards:
(1)
Containers shall be kept tightly sealed or covered at all times. Solid waste shall not protrude or extend above the top of the container.
(2)
Reusable containers shall be kept in a sanitary condition at all times. The interior of the containers shall be thoroughly cleaned, rinsed, drained and disinfected, as often as necessary, to prevent the accumulation of liquids residues or solids on the bottom or sides of the containers.
(3)
Containers shall be used and maintained so as to prevent public nuisances.
(4)
Containers that do not conform to the standards of this article or which have sharp edges, ragged edges or any other defect that may hamper or injure collection personnel shall be promptly replaced by the owner upon notice from the municipality or its designated representative.
(5)
Containers shall be placed by the owner or customer at a collection point specified by the municipality or its designated representative.
(6)
With the exception of pickup days when the containers are placed out for collection, the containers shall be properly stored on the owner or customer premises at all times.
(7)
Bulky waste items such as furniture, automobile parts, machinery, appliances, and tires shall be stored in a manner that will prevent the accumulation or collection of water, the harborage of rodents, safety hazards and fire hazards.
F.
The storage of all municipal waste from multifamily residential units, commercial establishments, institutions and industrial lunchroom or office waste sources is subject to the regulations and standards set forth in this article. The type, size and placement requirements for bulk containers shall be determined by the waste generator and the waste hauler, and are subject to approval by the municipality.
G.
Any person storing municipal waste for collection shall comply with the minimum standards for the storage of municipal waste set forth in the Department's Chapter 285, Subchapter A, Regulations for the Storage of Municipal Waste.
[Amended 4-6-1999 by Ord. No. 405-1999]
A.
The municipality shall provide for the collection of all garbage and rubbish from individual residence and multifamily residential sources, commercial establishments, industrial establishments and institutional establishments; provided, however, that commercial establishments, industrial establishments and institutional establishments may contract with a private collector or collectors to provide for collection services.
[Amended 5-13-2019 by Ord. No. 535-2019]
B.
All commercial, institutional and industrial establishments will renegotiate with the municipality to provide for collection service in accordance with regulations as from time to time established by the municipality or shall negotiate and individually contract collection service with the municipality's contract collector or any other licensed hauler of their choice.
A.
The governing body of the municipality shall be authorized to make funds available, in accordance with the laws and procedures of the municipality, for the establishment, maintenance, and operation of a municipal solid waste collection and disposal system; or for the contracting of such service to a private collector.
B.
The rate of charges to each household dwelling for the collection and disposal of solid wastes shall be in accordance with an annual fee schedule approved by the municipality.
C.
The rate of charges to commercial, institutional, and industrial establishments for the collection and disposal of solid wastes shall be in accordance with an annual fee schedule approved by the municipality.
D.
Annual fee schedules shall be published by the municipality based on any competitively bid residential collection service contract that may be awarded by the municipality and license applications.
E.
The municipality shall be responsible for the collection of any fees for solid waste collection and disposal from residential customers. Licensed haulers shall be responsible for the collection of any collection and disposal fees from commercial, institutional, and industrial customers.
F.
The municipality's contracted hauler and other licensed haulers shall be responsible for the collection of any fees for solid waste collection and disposal services provided to residential, commercial, institutional, or industrial sources within the municipality.
A.
No person shall collect, remove, haul, or transport any solid waste upon or through any streets or alleys of the municipality without a current, valid county license issued by the Armstrong County Solid Waste Authority pursuant to the requirements of the county ordinance and first obtaining a license from the municipality.
B.
Any person who desires to collect, haul, transport or dispose of any solid waste within the municipality shall submit a license application and an application fee of $200 to the municipality or its designated representative. A minimum period of 30 days shall be allowed for the municipality to review the application and take approval or denial action.
[Amended 1-10-2011 by Ord. No. 487-2011]
C.
The license application shall set forth the applicant's qualifications and include the following information at a minimum:
(1)
Name and mailing address;
(2)
Contact person and telephone number;
(3)
List of available equipment and manpower;
(4)
Type of wastes to be collected;
(5)
Manner of method of collection;
(6)
Frequency of collection;
(7)
Point of collection;
(8)
Proposed place and method of disposal for each type of wastes;
(9)
Rate schedule for each type of solid waste collection service; and
(10)
A certificate of insurance identifying the type and amounts of coverage carried by the applicant.
D.
Prior to issuing a license or entering a collection service contract, the municipality may require an applicant to submit a certificate of insurance as evidence of insurance coverage for the minimum amounts specified by the municipality.
E.
Prior to issuing a license or entering into a collection service contract, the municipality may require the contract hauler to post a performance bond to compensate the municipality in the event that it must assume the obligations and duties of the contract hauler for nonperformance.
F.
All licenses shall be issued for a period of one calendar year and shall be nontransferable.
G.
An existing licensee shall submit a new license application and license application fee to the municipality at least 30 days prior to the expiration of the license, if a renewal is desired. If the licensee continues to satisfy the municipality's requirements for a license, the license shall be renewed. The municipality reserves the right to deny a license renewal if the license is in violation of the provisions of this article.
H.
Any misrepresentation or falsification on a license application may be grounds for rejection of an application or immediate revocation of a license which has already been issued.
I.
In the event that any information on the license application, including rates or charges, changes during the term of the license, the licensee shall notify the municipality of the change within 30 days after such a change becomes effective. Failure to notify the municipality of such changes may be grounds for immediate revocation of the license.
J.
All licensed haulers shall be responsible for maintaining a current list of customers serviced and records of the amounts and types of waste collected within the municipality. Such records and customer lists shall be available for inspection and be provided to the municipality or its designated representatives upon request.
A.
In the event that any person is found to be in violation of this article, the municipality may issue a written notice of violation to the alleged violator. This notice shall be in writing and sent by certified mail with return receipt requested. The notice shall state the nature of the violation and the necessary corrective actions required in detail. The person notified shall be provided a reasonable time period (stated in notice) to either correct the violation or appeal.
B.
In the event that a hauler licensed by the municipality is found to be in violation of this article, the municipality may take the following actions at its discretion depending on the nature of the violation:
(1)
The municipality may issue a notice of violation to the licensee. This notice shall be in writing and sent by certified mail with return receipt requested to the address the licensee gave in its application to the municipality. The notice shall state the nature of the alleged violation(s) and the necessary corrective action required. The licensee shall be provided a reasonable time period (stated in notice) to either correct the violation(s) or appeal. If the violation is not corrected or appealed within the specified period, the municipality's license shall automatically be revoked with no right to administrative appeal, and the licensee may be prosecuted under the penalty provisions of this article; or
(2)
The municipality may immediately revoke a hauler's license issued by the municipality by issuing a written notice of license revocation to the licensee by certified mail with return receipt requested. The notice of revocation shall state the reasons for the municipality's actions and inform the licensee that the decision may be appealed within 10 days after the receipt of the notice. Any appeal must be filed in writing and show cause why the municipality should not carry out the license revocation.
A.
All appeals shall be made in writing to the governing body of the municipality.
B.
Pending a reversal or modification, all decisions of the municipality shall remain effective and enforceable.
C.
Appeals may be made by the following persons:
(1)
Any person who is aggrieved by a new standard or regulation issued by the municipality may appeal within 10 days after the municipality gives notice of its intention to issue the new standard or regulation.
(2)
Any person who is aggrieved by the granting or the refusal to grant a license may appeal within 10 days after the municipality announces the grant or denial.
(3)
Licensees whose application for license renewal has been denied may appeal within 10 days after receiving the municipality's notice of denial for the license renewal.
(4)
Licensees whose licenses have been revoked may appeal within 10 days after receiving the municipality's notice of license revocation.
(5)
Licensees and nonlicensees who have received notices of violation may appeal within the time limit stated in their notice of violation.
D.
Any notice or appeal shall be submitted in writing to the municipality by certified mail with return receipt requested. Within 20 days after receipt of the notice of appeal, the municipality shall hold a public hearing. Notice of the hearing shall be sent to both parties in time to adequately prepare for the hearing. Notice shall be sent to the parties by certified mail with return receipt requested at the last known address in addition to publication in the local newspaper.
The municipality may petition the Court of Common Pleas in Armstrong County for an injunction, either mandatory or prohibitive, to enforce any provisions of this article.
[Amended 5-13-2019 by Ord. No. 535-2019]
Any person who violates any provision of this article shall, upon conviction, be guilty of a summary offense which is punishable by a fine of not less than $125, nor more than $600, or in default of payment of such fine, then by imprisonment for a period of not more than 30 days, or both. Each day of violation shall be considered to be a separate and distinct offense.
A.
Anything hereinbefore to the contrary notwithstanding, any person may dispose of combustible rubbish by burning the same in compliance with the provisions of the Fire Prevention Code, adopted by ordinance of the Borough of Kittanning, as from time to time supplemented and amended.[1] Any outdoor fire for the disposal of such combustible rubbish may be set and maintained only between the hours of 8:00 a.m. and 5:00 p.m., and must at no time be left unattended; no such fire shall be set or maintained at any time on any Sunday. As provided in said Fire Prevention Code, any such fire shall be set and maintained only by permit on any public street, alley, road or other public ground. Any such fire shall be set and maintained on private property only by similar permit issued by the Fire Chief upon application duly made in advance, and then only in noncombustible covered containers or waste burners, either of the incinerator type of brick or concrete construction, or the trash-container type made of tin, wire or steel material, as approved by the Fire Chief. Such permit will only be granted for burning on private property under unusual or extraordinary circumstances which, in the opinion of the Fire Chief, make the issuance of the permit reasonable, necessary and expedient. Both incinerator type and the trash-container type of burner must be kept clean, vented to permit all of the rubbish to burn, and both must be covered with a wire or screen lid of not more than one-half-inch mesh. No such fire shall be closer than 15 feet from the nearest structure. Within a reasonable time following such permissible burning of combustible rubbish, all smoldering materials emitting smoke or offensive odors shall be smothered or quenched with water to eliminate all such smoke or odors. Refuse from said incinerators and waste burners shall be disposed of in accordance with this article and shall not be considered ashes for this purpose.
It shall be unlawful for any person to discard any refuse of any kind or nature upon any sidewalk or public ground in the Borough of Kittanning, except in a public refuse container thereon placed for the purpose. Any person who violates any provision of this article shall, upon conviction, be sentenced to pay a fine of not more than $600 and costs of prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.