[Ord. 632, 5/16/1989]
1.
AUTHORITY
BOROUGH
BOROUGH WASTE
BULKY WASTE
CARTWAY
GARBAGE
HAULER
HAZARDOUS WASTE
NUISANCE
PERSON
REFUSE
RESIDUAL WASTE
The following words and terms, as used in this Part, shall have the
meanings ascribed to them, unless the context clearly indicates a
different meaning:
The Bedford-Fulton-Huntingdon Solid Waste Authority, a municipal
body created under the Pennsylvania Municipal Authority Act of 1945,
as amended.
The Borough of Huntingdon and its agencies.
Any garbage, refuse, industrial lunchroom or office waste
and other material, including solid, liquid, semisolid or contained
gaseous material resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities,
and any sludge not meeting the definition of residual or hazardous
waste hereunder from a municipal, commercial or institutional water
supply treatment plant, wastewater treatment plant or air pollution
control facility.
Large items of refuse including, by way of example but not
limited to, appliances, furniture, large auto parts, trees, branches
and stumps.
The paved area of a street, an avenue, an alley, etc.
Borough waste resulting from animal, grain, fruit or vegetable
matter.
Any person, firm, copartnership, association or corporation
who has been licensed by the Authority to collect, transport and dispose
of refuse for a fee as herein prescribed.
|
(1)
|
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plan, 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, but does not include solid or dissolved material in 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 United States Atomic Energy Act of 1954,
as amended (68 Stat. 923) which, because of its quantity, concentration
of physical, chemical or infectious characteristics, may:
| |||
|
(a)
|
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or total population.
| |||
|
(b)
|
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
| |||
|
(2)
|
The term "hazardous waste" shall not include coal refuse as
defined in the Act of September 24, 1968, P.L. 1987, No. 394, known
as the "Clean Streams Law," 35 P.S. § 693.1 et seq.
| |||
Any condition, structure or improvement which shall constitute
a threat to the health, safety or welfare of the citizens of the Borough.
Any individual, partnership, corporation, association, institution,
cooperative enterprise or any other legal entity whatsoever, which
is recognized by law as the subject of rights and duties. In any provisions
of this Part prescribing 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.
All Borough 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.
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 and agricultural water supply
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, 52 P.S.
§ 30.51 et seq. Residual waste" shall not include treatment
sludges from coal mine drainage treatment plants, disposal of which
is being carried on pursuant and in compliance with a valid permit
issued pursuant to the Clean Streams Law, 35 P.S. § 693.1
et seq.
2.
In this Part, 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 meanings set forth
in § 103 of the Pennsylvania Solid Waste Management Act,
35 P.S. § 6018.103.
[Ord. 632, 5/16/1989; as amended by Ord. 636, 6/20/1989;
by Ord. 690, 11/17/1992; by Ord. 749, 12/17/1996; by Ord. 858, 3/17/2009;
and by Ord. 888, 12/20/2011, § 1]
1.
No person, partnership, or corporation may haul, collect or remove
Borough waste within the Borough of Huntingdon without having the
vehicles used to transport Borough waste inspected annually by the
Borough at a cost per vehicle prescribed by the Borough as from time
to time established by resolution of Borough Council. Any such inspection
fee shall be due and payable on or before January 31 of each calendar
year.
2.
Any person, partnership, or corporation who shall violate this section
shall upon conviction thereof before a magisterial district judge
be sentenced to pay a fine of not more than $600 and/or imprisonment
for a term not to exceed 90 days.
[Ord. 632, 5/16/1989]
Applications shall be granted, provided that the applicant is
found to meet the requirements of this Part, 25 Pa. Code § 75.29,
the Solid Waste Management Act, 35 P.S. § 6018.101 et seq.,
and the applicant executes an agreement with the Authority under which
he agrees to comply with the provisions of this Part and the rules
and the regulations promulgated hereunder.
[Ord. 632, 5/16/1989; as amended by Ord. 858, 3/17/2009]
1.
All Borough waste within the Borough, upon collection by the hauler,
will be deemed to be the property of the hauler until delivered to
a disposal facility designated by the Authority.
2.
Residential collections shall be made at least once every week.
3.
Collections from commercial establishments must be made once every
week and shall be made more often if necessary to control health hazards,
flies, odors and unsightly appearances.
4.
No vehicle used in collecting, transporting, disposing or removing
Borough waste shall scatter any of the contents on the streets, highways,
alleys or private property within the Borough. Vehicles used to haul
Borough waste must be maintained in a clean and sanitary condition
and shall meet all the requirements of the Borough and the Department
of Environmental Protection. Any deficiency must be corrected promptly
by the hauler. The hauler shall maintain his equipment in such a condition
as to be able to maintain the collection schedule.
5.
Trucks and other vehicles used by licensed haulers for collecting,
transporting, disposing or removing any Borough waste shall meet the
following requirements:
A.
Packers. All Borough waste shall be enclosed within the confines
of the cargo area, which area shall be watertight.
B.
Dump trucks. If constructed with completely metal beds and lacking
additional wooden sideboards, such trucks shall be covered with a
waterproof tarp.
C.
Dump trucks or pickup trucks on which additional wooden sideboards
have been installed shall not have the sideboards extending above
the legal height and shall be covered with a waterproof tarp.
D.
Passenger vehicles used for transporting Borough waste shall keep
the waste within the confines of the vehicle at all times. Access
in the vehicle to the cargo area shall be kept closed at all times,
without the use of additional aids such as ropes, tie-downs and other
similar mechanisms.
E.
All tarps as required in this Part shall be secured on all four sides
at all times, except during actual loading and unloading.
F.
None of the above subsections shall hinder the separate collection
of recyclable materials in special bins, racks, etc., so long as the
materials are not allowed to scatter or create a nuisance.
[Ord. 632, 5/16/1989]
All Borough waste collected as aforesaid shall be delivered
exclusively to a facility as may be designated in writing by the Authority
for processing and ultimate disposal as determined by the Authority.
Haulers shall take only Borough waste to the facility designated by
the Authority. No nonconforming waste including, but not limited to,
hazardous or radioactive waste, may be brought to the facility designated
by the Authority, except that residual waste may be brought to the
facility if the Authority has given advance written approval.
[Ord. 632, 5/16/1989]
All vehicles shall be emptied at the designated facility as
often as deemed necessary by the Authority so as to avoid creating
a public nuisance as hereinafter described.
[Ord. 670, 8/20/1991; as amended by Ord. 858, 3/17/2009]
1.
The fees charged to haulers by the operators of the designated facility
shall be added on a pro rata basis to the rates charged by the haulers
to the persons whose Borough waste is being collected and hauled.
All haulers shall remit as often as directed by the Authority to the
operator of the designated facility the charges for waste deposited.
2.
The fees charged to persons by haulers for collecting and hauling
Borough waste, refuse, residual waste and garbage shall not exceed
the fee prescribed for such service as is from time to time established
by resolution of Borough Council.
[Ord. 632, 5/16/1989]
No person shall permit anyone other than a hauler licensed pursuant
to this Part to collect or haul Borough waste generated by that person,
except a person may haul his own waste to a designated facility.
[Ord. 632, 5/16/1989]
1.
Each person within the Borough who employs a licensed hauler to collect
Borough waste shall prepare the waste as follows:
A.
All waste shall be drained of liquid insofar as practical and shall
be placed in sanitary sealed containers and/or cans made by nonabsorbent
material.
B.
Containers shall not exceed 96 gallons in size. Cans shall be of
rust-resistant material and shall be furnished and kept clean by the
customer and shall be replaced by such customer when no longer in
satisfactory condition.
[Amended Ord. No. 938, 9/26/2016]
C.
All refuse 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 collections.
D.
All refuse, except bulky waste, shall be of units which can be handled
by one person and shall be placed in containers or piled and assembled
in such a way as to facilitate collection.
E.
All containers shall be kept on the customer's property until
the night before the scheduled pickup, at which time it may be placed
on the edge of the cartway.
[Ord. 632, 5/16/1989; as amended by Ord. 858, 3/17/2009]
Unless they have a currently valid disposal permit from the
Department of Environmental Protection, no person, firm or corporation
shall use or permit to be used any spot or place within the Borough
as a disposal site for Borough waste material.
[Ord. 632, 5/16/1989]
No person shall accumulate or permit to accumulate Borough waste
materials upon private property in the Borough except in such limited
quantities and for such limited periods of time as shall ensure that
no annoyance, nuisance, health or fire hazard shall be created thereby,
and any unauthorized accumulation of Borough waste on any premises
is hereby declared to be a nuisance and is prohibited.
[Ord. 632, 5/16/1989; as amended by Ord. 858, 3/17/2009]
Disposal of construction and demolition waste shall be in conformance
with the rules and regulations of the Department of Environmental
Protection. Composting shall be permitted to the extent authorized
by the regulations of the Department of Environmental Protection.
[Ord. 632, 5/16/1989; as amended by Ord. 858, 3/17/2009]
[Ord. 632, 5/16/1989]
The Authority is hereby authorized to promulgate rules and regulations
and to issue forms and set fee schedules as necessary to implement
this Part.
[Ord. 632, 5/16/1989]
Actions taken pursuant to this Part are subject to the Local
Agency Law, 2 Pa.C.S.A. § 105 et seq., to the extent required
by law.
[Ord. 632, 5/16/1989]
Both the Borough and the Authority are authorized to conduct
inspections, issue citations and notices and to take all other necessary
and appropriate action to enforce this Part.
[Ord. 632, 5/16/1989; as amended by Ord. 858, 3/17/2009]
1.
Any violation or failure to comply with any of the provisions of
this Part or the rules and regulations promulgated pursuant to this
Part is hereby declared to be a public nuisance which may be abated
by either the Borough or the Authority. All costs incurred by either
the Borough or the Authority in abating a nuisance may be recovered
from the responsible party. Any person, firm or corporation who shall
violate any provision of this Part, upon conviction thereof, shall
be sentenced to a fine of not less than $25 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 of
this Part continues or each section of this Part which shall be found
to have been violated shall constitute a separate offense.
2.
The Borough and the Authority, jointly and separately, are authorized
to enforce this Part and to obtain injunctive relief mandating compliance
with the requirements of this Part and the regulations promulgated
pursuant thereto.
