[HISTORY: Adopted by the Borough Council of the Borough of
Avis 12-10-1985 by Ord. No. 183 (Ch. 20, Part 1, of the 1992 Code of Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 390.
This chapter shall be known and may be cited as the "Municipal
Solid Waste Ordinance of the Borough of Avis."
For the purpose of this chapter, the following terms and words
shall have the meaning given herein unless the context clearly indicates
otherwise; words used in the present tense include the future tense,
words in the plural number include the singular number, and conversely,
words in the singular number include the plural number.
The Clinton County Solid Waste Authority.
Any person the Borough may license or designate by contract
to collect municipal waste within the Borough.
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theatres.
The incineration, disposition, injection, dumping, spilling,
leaking, or placing of solid waste into or on land or water in a manner
that the solid waste or a constituent of the solid waste enters the
environment, is emitted into the air, or is discharged to the waters
of the commonwealth.
All animal and vegetable waste attending or resulting from
the handling, dealing, storing, preparation, cooking and consumption
of foods; and all refuse of animal or vegetable matter which has been
used for, or was intended to be used for, food for human or animal
consumption.
The meaning defined and described in Pennsylvania's
Solid Waste Management Act No. 97, P.L. 380, approved July 7, 1980,
35 P.S. § 6018.101 et seq., as heretofore and hereafter
amended, or in any subsequent similar statutes, and the rules and
regulations of the commonwealth heretofore and hereafter promulgated.
Any establishment engaged in manufacturing or processing,
including but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
A municipality organized and existing under the laws of the
Commonwealth of Pennsylvania and located in the County of Clinton
in said commonwealth.
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 or from community activities,
and any sludge not meeting the definition of residual waste or hazardous
waste from a municipal, commercial or institutional water supply treatment
plant, wastewater treatment plant, or air pollution control facility.
The person generally in possession and control of any dwelling
unit or premises.
Every natural person, firm, partnership, association, corporation,
joint stock company, trust, unincorporated organization, municipal
authority or similar body, municipality, government or political subdivision
thereof, or organization of any kind; and with respect to any fine
or imprisonment hereunder, the term "person" shall include the officers
and directors of any corporation or legal entity having officers and
directors, in accordance with the culpability provisions of the Pennsylvania
Crimes Code, Title 18, Pa.C.S.A.[1]
Any real property subject to the terms of this chapter.
The collective term applying to all garbage, rubbish, ashes,
and riffraff from residential, municipal, commercial or institutional
premises of the Borough.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid, or contained gaseous materials
resulting from 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," (52 P.S. § 30.53). "Residual waste" 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 Clean Streams Law, 35 P.S. § 691.1
et seq.
Waste materials too large for collection in ordinary containers
such as furniture, refrigerators, springs, mattresses, stoves, carpeting,
tires, automotive parts and junk cars and the like, from residential,
municipal, commercial and institutional premises in the Borough; and
it shall not include refuse caused by repair, alteration or new construction
of buildings or sidewalks, such as concrete, bricks, lumber, shingles
and all other such type of building materials.
All rags, broken glass, bottles, cans, crockery, plastic
containers and other small household refuse as may result from the
normal use of property as a dwelling unit.
Any municipal waste, including solid, liquid, semisolid or
contained gaseous materials, but excluding residual waste and all
hazardous wastes.
The containment of any municipal 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 municipal waste in excess
of one year constitutes disposal.
The off-site removal of any municipal solid waste generated
or present at any time within the Borough.
Any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character
or composition of any municipal waste so as to neutralize such waste
or so as to render such waste safer for transport, suitable for recovery,
suitable for storage, or reduced in volume. Such item includes any
activity or processing designed to change the physical form or chemical
composition of waste so as to render it neutral or nonhazardous.
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
A.
General. The storage of all Borough waste shall be practiced so as
to prevent the attraction, breeding, or harborage of insects or rodents
and to prevent conditions which may create potential hazards to the
public health or which create fire and other safety hazards, odors,
unsightliness or public nuisances.
B.
Storage. Any person accumulating or storing garbage on private or
public property in the Borough for any purpose whatsoever shall place
the same or cause the same to be placed in sanitary closed or covered
containers obtained at their own expense in accordance with the following
standards:
(1)
Containers used for the storage of municipal waste shall be of metal,
plastic or fiberglass construction, rust and corrosion resistant,
waterproof, leakproof, and except in the case of bulk containers,
shall not exceed 32 gallons in capacity; consumer-type plastic garbage
or trash bags may be used provided they are securely fastened and
remain outside for no more than 12 hours prior to the scheduled garbage
collection.
(2)
All containers shall be kept in a sanitary condition and in good
repair. Any container that does not conform with this chapter or is
difficult to handle, or is likely to injure the collector or his employees,
or hampers the prompt collection of solid waste shall be promptly
replaced (at the owner's expense) upon notice to the owner of
such container from the Borough.
(3)
A sufficient number of containers shall be provided to contain all
municipal waste materials that are required to be placed in containers
generated during periods between regularly scheduled collections.
(4)
All municipal wastes which may be produced or accumulated shall be
deposited daily in a proper container as herein provided.
(5)
All containers for the storing of municipal wastes shall be kept
securely covered to prevent any of the contents from being scattered
about and to prevent the propagation of rats, flies, and other insects
and vermin.
C.
Location of containers for door-to-door collection. Containers for
door-to-door collection shall be placed in the following manner to
facilitate such collection:
(1)
Containers other than bulk containers shall be placed, whenever possible,
at ground level and at a point on the curbline of the street, or within
no less than 10 feet of the public street or alley right-of-way from
which collection from a vehicle can be made. Failure to place containers
at such locations may result in an additional charge for collection.
(2)
Bulk containers shall be placed, whenever possible, at ground level
and at a point on the property being serviced by the collector that
will enable clear and easy access to the container by the collector's
vehicle.
(3)
The exact location of the container shall facilitate removal of the
contents by the collector. Access to such location be kept clear of
snow, ice and other obstructions which may interfere with reasonable
access to, and collection of, the containers by the collector. The
occupant shall securely close the top of the container in such a manner
as to the contents of the container from spilling out prior to the
time scheduled for collection of the container, but not so as to prevent
the removal of the contents of the containers upon the collection
thereof by the collector.
(4)
The collector shall be required to make collection from the locations
provided herein but shall not be required to collect from any location
at the second floor, basement, from inside the garage or other similar
location. The collector shall remove the contents from the container
to the extent practicable in a manner to prevent the contents from
being spilled upon such premises and shall thereupon remove such collected
municipal waste from such premises.
D.
Preparation of municipal solid waste for door-to-door collection.
Municipal waste to be collected on a door-to-door basis shall be prepared
for such collection in the following manner:
(1)
All garbage shall be drained of excess liquids and wrapped in paper
before being placed in the waste storage containers previously described;
all ashes shall be free of any burning material before being deposited
for collection.
(2)
Tree, brush, hedge and similar clippings, including Christmas trees,
shall be cut in lengths not to exceed six feet, and shall be bound
securely in bundles not to exceed 40 pounds in weight before being
deposited for collection.
(3)
Newspapers, magazines, cardboard and boxes not placed in the containers
previously described shall be securely tied in bundles not to exceed
six feet in length and 40 pounds in weight before being deposited
for collection.
(4)
No person except the occupants of the premises on which a waste container
is placed or an authorized collector shall remove the lids of any
container and/or remove the contents thereof.
(5)
Municipal waste refuse of a highly flammable or explosive nature,
and highly infectious or contagious refuse shall not be stored for
ordinary collection, but shall be disposed of in accordance with the
directions of the Borough and the rules and regulations of the Department
of Environmental Protection.
E.
Storage on commercial, institutional and industrial properties.
(1)
Storage of municipal waste on commercial, institutional and industrial
properties shall be in the same type of container as required in this
section except where the accumulation for each commercial, institutional
or industrial or industrial property is in excess of an amount that
can be stored in three such containers for a period of one calendar
week, in which case the owner and/or occupant of the commercial, institutional
or industrial property shall make special arrangements with the collector
for the storing of such additional quantities. Such special arrangements
shall include the following:
(a)
The type of special bulk container to be furnished by the collector
and as approved by the Borough.
(b)
The number of such containers.
(c)
The number of collection periods more frequent than weekly to
be provided, which schedule of collections shall be approved by the
Borough.
(d)
The cost for providing any such special containers and the extra
collection service; provided, however, such extra cost and such extra
service shall be reasonable.
(2)
Containers for collection shall not interfere with public or private
sidewalks, walkways, driveways, roads, streets, highways or entrances
and exits of public or private buildings.
All municipal waste generated or produced within the limits
of the Borough shall be collected in accordance with the following
provisions:
A.
Residential collections (door-to-door). Collections of municipal
waste from residential properties shall be made by the collector not
less than one time each calendar week, except where conditions beyond
the control of the collector prevent such collection.
B.
Commercial and institutional collections. Collections of municipal waste shall be made at least once each week from commercial and institutional properties and in accordance with the provisions of § 433-3E.
C.
Industrial and manufacturing collections. Collection of municipal waste shall be made at least once each week from industrial and manufacturing properties and in accordance with the provisions of § 433-3E.
D.
Private disposal and collection. Any person disposing of his own
refuse shall provide for collection at intervals short enough to prevent
accumulations of solid waste that may be unsafe, unsightly, or potentially
harmful to the public health.
Any person transporting municipal waste within the Borough shall
protect against or remedy any spillage from vehicles or containers
used in the transport of such municipal waste.
A.
No person shall place or dispose of any municipal waste in or about
any street, sidewalk, alley, roadway, highway or other public area
or property or in or upon any private property within the Borough,
whether owned by such person or not, except in proper containers or
adjacent to such containers where the waste is of such size or shape
as to prevent it from being placed in such containers. No person shall
place or deposit or cause to be placed or deposited any municipal
waste in any river, stream or other body of water in the Borough.
B.
Any unauthorized accumulation of municipal waste on any premises
within the Borough is hereby declared to be a public nuisance and
may be abated as a public nuisance.
C.
No person shall cast, place, sweep or deposit anywhere within the
Borough any municipal waste in such manner that it may be carried
or deposited by the elements, animals or persons upon any street,
sidewalk, alley, roadway, highway or other public area of property
with the Borough.
D.
No person shall haul, transport or convey municipal waste in an open
uncovered vehicle in the Borough; provided prior permission by the
Borough may be given in the event of an emergency situation or in
the case of riffraff.
E.
No person shall ignite or feed an open fire or cause, suffer, allow
or permit the maintenance of any open fire for the destruction of
municipal waste or in the conduct of a salvage operation in any public
or private place within the Borough outside of any building.
[Amended 12-7-1992 by Ord. No. 202]
It shall be unlawful for any person, other than such persons
as are duly authorized by the Borough to collect or transport municipal
waste of any nature (other than generated by themselves or their families)
within or from the Borough. Authorization shall be given by the Borough
only as set forth hereafter:
A.
The Borough shall require any collector or private handler of municipal
waste in the Borough to be licensed.
B.
No person shall collect or remove municipal waste from premises within
the Borough, or transport, haul or convey municipal waste through
or upon any of the streets or alleys of the Borough, except as provided
for herein.
C.
Any person who may wish to engage in the business of collecting,
transporting and/or hauling municipal waste within the Borough shall,
prior to engaging in such business, make application for and obtain
(and while engaged in such business, hold and maintain) a solid waste
collection license ("license") from the Borough. Each person desiring
a license (the "applicant") shall meet the following specifications
before and during the period of the license:
(1)
The applicant shall own or have under existing lease during the license
period the equipment to be used for the collection, transportation
and/or hauling of the municipal waste to be collected in the Borough.
The pieces and types of equipment shall be sufficient in number, capacity
and capability, in the judgment of the Borough, for the work contemplated
under the license. The equipment to be used shall be nonleakable,
easily loaded and covered and readily emptied, and shall be easily
cleaned and preferably of the automatic packer type; all such equipment
shall be kept in a workable, clean and sanitary condition, with the
necessary equipment aboard to immediately pick up and/or clean up
any spills.
(2)
The applicant shall agree to dispose of all municipal waste collected
within the Borough at the disposal site designated by the Borough
and in accordance with any then-existing solid waste management plan
of the Borough. In the absence of a designated site and/or such plan,
the applicant shall agree to dispose of all municipal waste collected
within the Borough at the disposal site of or designated by the Clinton
County Solid Waste Authority, if permitted by the Pennsylvania Department
of Environmental Protection, so long as such municipal waste is acceptable
to, and capable of being accepted by, the Authority at such site.
In the event disposal at such site is not allowed or acceptable, disposal
shall be made at such other site as is permitted by the Pennsylvania
Department of Environmental Protection.
(3)
The applicant shall have a valid dumping or tipping permit from the
Clinton County Solid Waste Authority for a period equal to the period
of such license, in accordance with the Clinton County Solid Waste
Management Plan and any applicable rules and regulations established
or as may be established by the Pennsylvania Department of Environmental
Protection and the Authority.
(4)
The applicant shall agree to comply with all present and future laws
of the Commonwealth of Pennsylvania and the rules, regulations and
standards of the Pennsylvania Department of Environmental Protection
and of the Authority and Borough applicable to solid waste storage,
collection, transportation, processing and disposal.
(5)
The applicant shall agree to furnish sufficient personnel and other
necessary equipment to perform and shall perform the work contemplated
by the terms of the license and of this chapter for the collection,
transportation, removal and disposal of municipal waste and shall,
if requested by the Borough, furnish a corporate surety bond or cash
deposit of up to $5,000 for complete and adequate performance of the
applicant's obligations to do such work and to comply with the
terms of this chapter.
(6)
The license of the Borough shall be issued by the Borough, upon approval
by the Borough or its designated agent of an application therefor
evidencing the applicant's ability to comply with the foregoing
requirements, and to perform such municipal waste collection, transportation,
removal and disposal services. The fee for such license issued on
a calendar year basis shall be in an amount as established from time
to time by resolution of the Borough Council.
D.
Applicants for a license must furnish the following information:
(1)
The number of vehicles, the make, model, license plate number and
size of packer body of each vehicle to be used for such municipal
waste collection, transportation, removal and disposal.
(2)
The location, address and telephone number of the applicant's
business office and the names and addresses of the corporate officers
of the applicant.
(3)
The applicant's permit from the Clinton County Solid Waste Authority.
(4)
A certificate of insurance coverage providing complete third party
comprehensive, bodily injury and property damage, and general liability
insurance, with limits of not less than $500,000 for property damage
and $500,000 for bodily injury, per occurrence.
(5)
All such other information as the Borough may reasonably deem necessary
for the issuance of a licensee.
E.
Written applications for a license shall be submitted annually to
the Avis Borough Council. Upon review by the Council of the Borough
of Avis, the Borough shall issue such license. The license shall be
for a period of one calendar year next following the date thereof
or the remaining portion of the existing calendar year, as may be
requested. Any license may be revoked by the Borough at any time upon
the failure of the licensee to furnish and provide for the collection,
transportation, removal or disposal of municipal waste in accordance
with the terms of this chapter and any conditions under which the
license was issued.
F.
The license is nonassignable.
A.
The fee to be paid to the Borough for a license for a calendar year
or any part thereof shall be paid upon receipt of the license.
B.
No licensee shall use vehicles for the collection, transportation,
removal, hauling and/or disposal of municipal waste within the Borough
other than those vehicles listed on the application and as approved
by the Borough on the license issued, except temporarily in emergency
situations upon prior notice to the Borough. Any change in the list
of vehicles as reported in the application shall be reported, in writing,
to the Borough at least five days prior to the date of such change.
C.
Each licensee shall have his Authority-numbered permit sticker displayed
on the left side of the body of each vehicle to be used within five
days after the license is issued or the vehicle is first used under
the license.
D.
Each licensee shall have painted on a door or on the side of the
body of each vehicle to be so used the name of the licensee and his
office telephone number, in letters of no less than two inches in
height and clearly legible. Each such vehicle used in the Borough
shall be so marked within five days after such license is issued or
the vehicle is first used under the license.
E.
The licensee shall maintain each vehicle used in the Borough in good
operating condition to assure that the schedule of collections is
maintained. The vehicles used shall be kept clean and not be a nuisance
themselves. The Borough shall have the right to inspect all vehicles
included in a license prior to the issuance of the license and during
the period the license in effect to assure compliance with the provisions
of this chapter.
F.
Each vehicle used shall be equipped with at least one gallon of approved
type disinfectant to be used as needed on streets, sidewalks, alleys,
roadways and other such public areas in the Borough when municipal
wastes are spilled during the collection, transportation, hauling,
removal or disposal process.
G.
Licensees shall be responsible for the means and manner in which
their employees perform work pertaining to the collection, transportation,
hauling, removal or disposal of municipal waste under the terms of
this chapter.
A.
No collector shall make use of any disposal facility with respect
to the disposal of municipal waste collected, transported, removed
or disposed of other than disposal facilities designated by the Borough
from time to time. The Borough has designated the Authority's
DEP-permitted disposal facilities or the Authority's designated
DEP-permitted disposal facilities as the disposal site for all municipal
solid waste generated or produced in the Borough. Therefore, the collector
shall dispose of all municipal waste generated or produced in the
Borough and collected, transported, removed or disposed of by the
collector at the DEP-permitted solid waste disposal facilities of
the Authority or at other DEP-permitted solid waste facilities as
designated from time to time by the Authority.
B.
The use of the disposal facilities of the Authority as permitted
by the DEP or those other disposal facilities designated by the Authority,
is hereby determined to be in the best interest of the Borough and
in general it is determined to be desirable for the health and safety
of the people of the Borough that the Borough use and cause all collectors
to use the facilities of the Authority, specifically the DEP-permitted
solid waste disposal facilities of the Authority, for the collection,
transportation, removal and disposal of ashes, garbage, rubbish and
other refuse materials and municipal solid waste, so long as such
municipal waste is acceptable to, and capable of being accepted by,
the Authority at such sites; in the event that disposal at such sites
is not allowed or acceptable, disposal shall be made at such other
site as is permitted by the Pennsylvania Department of Environmental
Protection.
C.
The collector shall pay all costs to be charged for the use of the
designated disposal facilities.
D.
Exclusions.
(1)
Nothing contained herein shall be deemed to prohibit any person not
engaged in the business of hauling municipal waste for profit from
hauling such municipal waste on an irregular and unscheduled basis,
to any facility permitted by the Commonwealth of Pennsylvania, Department
of Environmental Protection.
(2)
Nothing contained in this chapter shall prohibit a farmer from carrying
out the normal activities of his farming operation, including composting
and spreading of manure or other farm-produced agricultural wastes.
The Borough is hereby empowered to adopt by resolution such
rules and regulations as it shall hereafter deem necessary and convenient
for the administration of this chapter and which may concern and amplify
all provisions of this chapter. A violation of such rules and regulations
shall be subject to the same penalties as a violation of this chapter.
[Amended 12-7-1992 by Ord. No. 202]
A.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this chapter continues shall constitute a separate offense.
B.
Whenever any person shall have been notified in writing that such
person is violating this chapter, each two-day period that such person
shall continue to so violate this chapter after receipt of such notification
shall constitute a separate offense punishable by fine or imprisonment
or both, upon conviction thereof, without the necessity of filing
a separate complaint.
No hazardous waste shall be stored, collected, transported,
processed or disposed of under the terms of this chapter, nor is this
chapter intended to apply to anything but the storage, collection,
transportation, processing and disposal of municipal waste, including
ashes, garbage, rubbish and other similar refuse materials.
This chapter or any part thereof may be amended from time to
time in accordance with the procedures established by law.
