[HISTORY: Adopted by the City Council of the City of Harrisburg 7-3-2018 by Ord. No. 5-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 9-301,
Municipal Waste and Recycling, adopted by Ord. No. 22-1992, as amended.
This Part 3 of Title 9 shall be known and may be cited as the
"Municipal Waste, Recycling, and Composting Code" of the City of Harrisburg.
The following terms shall have the meanings given herein for the purposes of this Part 3. Other terms not defined in this Part may be found in § 1-301.3, Statutory construction, and § 1-302.1, Glossary of Terms.
The Pennsylvania Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, as amended.[1]
The residue from the burning of wood, coal, coke, and other
combustible materials for residential heating.
A large household item that shall be considered municipal
waste but cannot fit into a municipal waste receptacle for collection.
This includes, but shall not be limited to: file cabinets, chairs,
tables, desks, sofas, box springs, mattresses, and entertainment units.
All corrugated or other cardboard normally used for packing,
mailing, shipping, or containerizing goods, merchandise or other material,
but excluding plastic-, foam- or wax-coated or soiled cardboard.
The receptacle used by residential households for the express
purpose of storing municipal waste or recycling for collection by
the City or its agent(s).
Any structure or part of a structure within the City used
for commercial purposes or not used solely as a residential property.
This includes, but shall not be limited to: businesses, apartment
buildings with five or more individual domiciles, and structures that
are partially residential and partially nonresidential.
Materials that are biodegradable and can be source-separated
to be converted into a valuable soil additive/fertilizer. Leaves,
tree trimmings, and other yard waste are examples of composting material.
Solid waste resulting from the construction or demolition
of buildings and other structures, including, but not limited to:
wood, plaster, metals, asphaltic substances, bricks, block and unsegregated
concrete. The term does not include the following if they are separate
from other waste and are used as clean fill:
The County of Dauphin, Commonwealth of Pennsylvania.
The Solid Waste Management Plan for Dauphin County as approved
by the Pennsylvania Department of Environmental Protection.
The Director of the Department of Public Works of the City
of Harrisburg.
The municipal waste disposal facility designated to receive
municipal waste generated within the City.
The receptacle used by commercial premises for the express
purpose of storing municipal waste or recycling for collection by
the City or its agent(s).
Any electrical or electronic devices or equipment to be discarded;
also referred to as "e-waste."
The employee or agent of the City vested with the authority
of a law enforcement officer and whose duties primarily involve the
enforcement of the Municipal Waste, Recycling, and Composting Code
and its corresponding rules and regulations.
All glass (clear and colored) food and/or beverage containers.
Any material or substance which, by reason of its composition
or characteristics:
Is toxic or hazardous waste, as defined in any applicable law;
the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.;
or the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901
et seq., as the same may be amended, replaced or superseded, and any
regulations, orders, guidelines and policies implementing the same;
Constitutes material regulated by the Toxic Substances Control
Act, 15 U.S.C. § 2601 et seq., as the same may be amended,
replaced or superseded, and any regulations, orders, guidelines and
policies implementing the same;
Constitutes materials within the meaning of the Atomic Energy
Act of 1954, 42 U.S.C. § 2011 et seq., as the same may be
amended, replaced or superseded, and any regulations, orders, guidelines
and policies implementing the same; or
Under any other law of similar purpose or effect, or under regulations
and policies implementing same, is not permitted to be processed at
the disposal facility.
Waste that would be considered hazardous waste under the
Pennsylvania Solid Waste Management Act of 1980 ("Act 97")[2] but for the fact that it is produced in quantities smaller
than those regulated as hazardous waste under Act 97 and is generated
by persons not otherwise covered as hazardous waste generators by
Act 97. Household hazardous waste is unacceptable waste for purposes
of disposal in the City of Harrisburg.
Any property upon which is located a building, mobile trailer
unit or other structure, whether or not attached to the land. Parking
lots with surface material construction, including crushed stone,
concrete and asphalt, for the purpose of providing an area for the
off-street parking of vehicles, shall be considered to be an improved
property; provided, however, that land upon which no structures are
located other than surface materials, and which is not used for any
purpose, shall not be deemed to be improved property.
Regulated medical waste and potentially infectious waste
materials, which includes laboratory, dialysis or biological waste;
waste generated in the diagnosis, treatment, or immunization of people
or animals; human pathological waste; blood, cultures, needles, scalpel
blades; contaminated animal carcasses; waste which may have come in
contact with infectious agents; and materials contaminated with blood,
including wearing apparel, bedding or other items from homes or other
places where highly infectious or contagious diseases have occurred.
A container, composed of aluminum, tin, steel, or other metal,
or a combination thereof, which formerly contained only nonaerosol
edible substances. The term includes, but shall not be limited to,
cans which once contained such items as vegetables, meats, fruits,
or juices. The term shall not include aerosol cans, cans containing
hazardous cleaning substances, automotive supply cans (e.g., transmission
fluids, motor oils, etc.), and other similar containers.
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 in the Solid Waste Management Act[3] from a municipal, commercial or institutional water supply
treatment plant, wastewater treatment plant or air pollution control
facility. Commonly known as "trash" or "garbage," municipal waste
consists of everyday items such as product packaging, furniture, clothing,
waste glass, food scraps, and alkaline batteries. The term does not
include C&D waste, source-separated recyclable materials, paint,
hazardous waste, household hazardous waste, waste treatment plant
and sewage treatment plant sludge or residual waste.
High-grade paper items typically generated by offices and/or
commercial entities. This includes, but shall not be limited to: copier
paper, letterhead paper, notepad paper, and other similar office paper
that is white or pastel in color.
A fire, the air contaminants from which are emitted directly
into the outdoor atmosphere and not directed thereto through a flue.
A location(s) designated by the Director DPW where recyclables
are to be placed for collection.
Any person, other than the City or other governmental entity,
who collects and disposes of municipal waste, recycling, or composting
generated in the City.
Any item that is not acceptable material to be processed
through the means in which it has been disposed.
A material, which would otherwise become municipal waste,
which can be collected, separated or processed and returned to the
economic mainstream in the form of raw materials or products.
The process by which materials, which would otherwise become
solid waste, are collected, separated or processed for the purpose
of being returned to the economic mainstream in the form of raw materials
or products.
A receptacle used for the express purpose of storing recyclables
for collection by the City or its agent(s).
Any structure in the City used or designed to be used as
a residential dwelling space.
Any garbage, refuse, other discarded material or other waste,
including solid, liquid, semisolid or contained gaseous materials,
resulting from industrial mining or agricultural operations or 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 shall not include coal
refuse as defined in the Act of September 24, 1968 (P.L. 1040, No.
318), known as the "Coal Refuse Disposal Control Act."[4] The term shall not include treatment sludge 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."[5]
Any appliances or furniture made primarily out of metal,
such as stoves, water heaters, clothes washers, clothes dryers, and
file cabinets, or materials left over from product manufacturing and
consumption or parts of vehicles, building supplies, and surplus materials,
that are primarily composed of metal and suitable for reprocessing.
Household recycling material that can go into the recycling
barrel for curbside collection.
To separate materials from the municipal waste stream at
the point of waste generation to be collected and processed accordingly.
Unacceptable waste includes the following:
Any material that by reason of its composition, characteristics,
or quantity is ineligible for disposal at any county-designated facility
pursuant to the provisions of the Resource Conservation and Recovery
Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations
thereunder, or any other applicable law, rule, or regulation (including
but not limited to the following laws and regulations, if any, promulgated
under each: the Federal Insecticide, Fungicide and Rodenticide Act,
7 U.S.C. § 136 et seq.; the Federal Water Pollution Control
Act, 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. § 9601
et seq.; the Hazardous Sites Cleanup Act, Act 108, enacted October
18, 1988;[6] and any similar or substituted legislation or regulations
or amendments to the foregoing, as well as any laws coextensive with
the foregoing);
Any other materials that any governmental agency or unit having
appropriate jurisdiction has determined to be ineligible for disposal
at any county-designated facility;
Any waste that a county-designated facility is precluded from
accepting pursuant to an existing permit governing that facility;
Hazardous waste and household hazardous waste;
Residual waste;
Special handling municipal solid waste, including, but not limited
to, friable asbestos waste, sludge, infectious/pathological waste,
and chemotherapeutic waste;
An individual truckload of municipal waste which contains white
goods (e.g., refrigerators, freezers, washers, dryers, dishwashers,
air conditioners, stoves, ranges and any similar appliances) in quantity
and/or whole tires in quantity; or
Any other materials that present an endangerment to a county-designated
facility or the public health and safety, including truckloads of
leaf and yard waste.
Any building (whether commercial or residential), structure,
lot, or parcel of land which is not legally occupied or inhabited.
A reasonable-person standard shall be used in determining whether
a property is vacant. Some indicators that a property is vacant include
but are not limited to:
Lack of human activity, furnishings, or equipment inside the
building or structure;
Accumulated mail, newspapers, circulars, shutoff notices;
Lack of utility services (water, electricity, natural gas);
Broken or boarded-up windows or doors.
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Vacant property shall include any building, structure, lot,
or parcel of land where no municipal waste has been generated for
collection for at least 90 consecutive days. Vacant property shall
not include property that is unoccupied and undergoing construction,
renovation, or rehabilitation in compliance with applicable legislation,
regulations, codes, and ordinances.
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Light bulbs, window glass, mirrors, laminated glass (car
windows), and wired or tempered glass. Waste glass is municipal waste.
Includes leaves, grass clippings, tree trimmings, brush,
chipped shrubbery, and garden residue.
A dropoff point or area designated by the City where leaves,
tree trimmings, brush and garden residue, and, if designated, grass
clippings, can be collected for processing.
The City reserves the right to and retains the option, at its
discretion, to designate certain materials for source-separation;
to require deposit of such materials into separate receptacles; to
prescribe the method of disposal; and to direct other related activities
as determined necessary. All residents and businesses within the City
of Harrisburg shall participate in the process of source-separating.
The City finds that the reduction in the amount of municipal waste
and the conservation of recyclable and compostable materials is an
important public concern and is necessary to implement the requirements
of Pennsylvania Act 101, the Municipal Waste Planning, Recycling and
Waste Reduction Act of 1988, and the Solid Waste Management Plan for
Dauphin County, as approved by the Pennsylvania Department of Environmental
Protection. The separation of materials for recycling and composting
from residential and commercial establishments in this City will minimize
potential adverse environmental effects of landfilling by reducing
the need for additional landfills and conserving existing landfill
capacity; facilitate the implementation and operation of other forms
of resource recovery called for by the county plan; conserve natural
resources; and reduce the cost of municipal waste disposal generally.
Sanitation services shall be supervised by the Director DPW.
Authority is hereby conferred upon the Director DPW to promulgate
rules and regulations concerning the days of collection, pickup points,
routes, and the type of receptacle and conveyance as is found reasonably
suited to the prompt, effective and efficient collection of municipal
waste in the City, and to promulgate rules and regulations with respect
to those other specific matters for which such authority is herein
granted, and to change and modify any and all such rules and regulations
from time to time in the manner provided by law, provided that such
rules and regulations shall not be inconsistent with the provisions
herewith.
