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.
AUTHORITY
The Clinton County Solid Waste Authority.
COLLECTOR
Any person the Borough may license or designate by contract
to collect municipal waste within the Borough.
COMMERCIAL ESTABLISHMENT
Any establishment engaged in a nonmanufacturing or nonprocessing
business, including, but not limited to, stores, markets, office buildings,
restaurants, shopping centers and theatres.
DISPOSAL
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.
GARBAGE
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.
HAZARDOUS or HAZARDOUS WASTE
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.
INDUSTRIAL ESTABLISHMENT
Any establishment engaged in manufacturing or processing,
including but not limited to, factories, foundries, mills, processing
plants, refineries, mines and slaughterhouses.
MUNICIPALITY
A municipality organized and existing under the laws of the
Commonwealth of Pennsylvania and located in the County of Clinton
in said commonwealth.
MUNICIPAL WASTE
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.
OCCUPANT
The person generally in possession and control of any dwelling
unit or premises.
PERSON
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.
PREMISES
Any real property subject to the terms of this chapter.
REFUSE
The collective term applying to all garbage, rubbish, ashes,
and riffraff from residential, municipal, commercial or institutional
premises of the Borough.
RESIDUAL WASTE
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.
RIFFRAFF
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.
RUBBISH
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.
SOLID WASTE
Any municipal waste, including solid, liquid, semisolid or
contained gaseous materials, but excluding residual waste and all
hazardous wastes.
STORAGE
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.
TRANSPORTATION
The off-site removal of any municipal solid waste generated
or present at any time within the Borough.
TREATMENT
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.
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.
[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.
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.