[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Editor's Note: This ordinance also repealed former Ch. 9-303,
Municipal Waste Collection, adopted by Ord. No. 22-1992, as amended.
Designated items for collection and disposal as municipal waste
pursuant to this chapter shall be determined by the rules and regulations
promulgated by the Director DPW. The City reserves the right and retains
the option at its discretion to add or remove an item or items from
its designation list at any time upon notification of the public.
A.
General provisions. Collection of municipal waste shall be under
the direction of the Director DPW. Authority is 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.
B.
Curbside collection. It shall be the responsibility of the City or
its agents to make periodic curbside collections of reasonable accumulations
of municipal waste from residential and commercial properties. Municipal
waste shall be collected by the City or its agents at times pursuant
to a schedule designated by the Director DPW and promulgated in the
rules and regulations.
C.
Existing contracts. Nothing contained in this section, chapter or
code shall be construed to interfere with or in any way modify the
provisions of any existing contract which is consistent with the laws
of the Commonwealth of Pennsylvania and in force in the City on the
effective date of this code. No renewal of any existing contract upon
the expiration of the original term thereof and no new contract for
the collection, transportation, processing, or purchase of municipal
waste or recyclables shall be entered into after the effective date
of this chapter, unless such renewal or such contract shall conform
to the requirements of this chapter.
D.
Owners of commercial properties may apply for a waiver from the Director DPW to collect municipal waste based on the amount and type of municipal waste to be collected. Approved private haulers shall be in compliance with the rules and regulations promulgated by the Director DPW. Individual agreements may be entered into between private haulers and the owners of commercial properties who have been granted a waiver for the time period provided in the waiver, and the fees and charges therefor shall be determined solely by private agreement between the parties. Private haulers collecting municipal waste generated within the City shall dispose of such waste in accordance with and under the provisions of § 9-303.3. All vehicles utilized by private haulers under this section shall be equipped with a tight cover and shall be so operated as to prevent offensive odors escaping therefrom or any refuse from being blown, dropped or spilled therefrom within the City.
E.
Municipal waste receptacles. Municipal waste receptacles, including
carts, dumpsters, and compactors, shall comply with the rules and
regulations promulgated by the Director DPW and shall be maintained
in good condition. Any receptacle which does not conform to the provisions
of this chapter, or which may have ragged or sharp edges or any other
defect liable to hamper or injure the person collecting the contents
thereof, shall be promptly replaced.
F.
Points of collection. All carts, dumpsters, and compactors shall
be placed together at the same location on each property and be easily
accessible to the street, alley or walkway from which collection is
made, in compliance with the rules and regulations promulgated by
the Director DPW. In cases in which a property owner is unable to
comply with the foregoing requirements of this section due to age
or continuing illness or physical handicap, the same shall be reported
promptly to the Director DPW, and special arrangements for collection
shall be made to accommodate such property owner without additional
charge, where possible. If special arrangements cannot be made without
unusual expense to the City, the Director DPW shall establish a reasonable
additional charge for such special arrangements and shall publish
a schedule of such additional charges as may be applicable to the
different types of special arrangements which may be needed from time
to time.
G.
Placement of bulk items. Each residential property is permitted to
place one bulk item per week at the point of collection, provided
that such item is not otherwise prohibited from municipal waste collection
and such item is of a size that can be handled by the persons responsible
for waste collection. If such item cannot be collected by the persons
responsible for waste collection, the person(s) who placed such item
must remove it within 24 hours. Any bulk item(s) placed for collection
in excess of the allowable one per week per residential property will
be collected for disposal, and the residential property will be charged
accordingly for such service.
H.
Notwithstanding any other provision to the contrary in this title,
the Director DPW is authorized:
[Added 12-17-2019 by Ord.
No. 7-2019]
(1)
To
provide containers for short-term rental to a property owner, property
manager or general contractor overseeing a renovation, construction
or demolition project for the purpose of disposing of construction
and demolition waste materials or municipal garbage within the City
of Harrisburg.
(2)
To
offer short-term rentals exclusively for the convenience of the City
in order to provide for the efficient removal and disposal of construction
and demolition waste and other solid waste materials outside the routine
collection of residential or commercial municipal solid waste collection
and disposal services.
(3)
To
provide for short-term rental containers with a capacity of 20, 30
or 40 yards, whichever may be appropriate in the judgment of the Director
DPW.
(4)
To
require permits for occupancy of any street or right-of-way by a dumpster
or other container.
(5)
A
short-term rental period of a dumpster or other container under this
section shall be no longer than 10 calendar days, unless extended
for good cause in writing by the Director DPW.
All municipal waste produced, collected, and transported from
within the jurisdictional limits of the City shall be disposed of
at a licensed and approved disposal facility in accordance with the
Dauphin County Solid Waste Plan, and in compliance with all Department
of Environmental Protection regulations and with any other applicable
local, state or federal statute or rules and regulations. The designated
facility for disposal of all municipal waste produced, collected and
transported from within the jurisdictional limits of the City shall
be the Susquehanna Resource Management Complex (formerly known as
the Harrisburg Incinerator) which is currently owned and managed by
Lancaster County Solid Waste Management Authority ("LCSWMA").
A.
General provisions. All persons receiving municipal waste services
by the City or its agent(s) under this chapter, as defined by the
rules and regulations promulgated by the Director DPW, are subject
to the rates in this section.
B.
Collection rates. The collection rates for each property, or part
of a property, within the City shall be related to the kind, quality,
and quantity of municipal waste to be collected from such property,
as set forth below:
(1)
Residential property utilizing carts: $156 per year; $13 monthly
per cart for once-a-week collection of up to 95 gallons of municipal
waste not weighing in excess of 160 pounds.
(2)
Commercial. The collection rates for each property, or part
of a property, utilized for commercial purposes within the City shall
be set forth in rules and regulations promulgated by the Director
DPW related to the kind, quality, and quantity of municipal waste
to be collected from such property, provided that such rates shall
not be less than $411 per year; $34.25 monthly for once-a-week collection
of up to 95 gallons of municipal waste not weighing in excess of 160
pounds.
(3)
Dumpsters, containers and compactors. The collection rates for
dumpsters, containers and compactors, whether located on property
classified as residential or commercial, shall be at the rates as
set forth in Appendix, Chapter 9, of the Codified Ordinances. The
City, through the Director DPW, shall set the collection rates for
individual customers whose dumpsters, due to size of dumpster(s) or
compaction of waste, do not fit within the rate schedule set forth
in the Appendix.
[Amended 12-17-2019 by Ord. No. 7-2019]
C.
Disposal rates. In addition to the rates for collection of municipal
waste by the City, there is imposed upon each property within the
City a refuse ready-to-serve and use of facilities charge for the
disposal of municipal waste delivered by the City to the disposal
facility, pursuant to the following:
(1)
Residential dwelling units of four units or less: $232.08 per
year per cart; $19.34 monthly for once-a-week disposal of up to 95
gallons of municipal waste not weighing in excess of 160 pounds.
(2)
Commercial properties: a charge for each person using a structure or part of a structure for a separate nonresidential use or for § 9-303.3, Municipal waste, recycling and § 9-303.4, residential use within a single property containing five or more separate living units at the rates set forth in Appendix, Chapter 9, of the Codified Ordinances. The City, through the Director DPW, shall set the disposal rates for individual customers whose municipal waste is collected in dumpsters, containers or compactors, consistent with the approved supplemental appendix or which, due to size of dumpster(s), or container(s) or compactor(s), or the compaction of waste, do not fit within the rate schedule set forth in the Appendix. Rate schedules or agreements authorized under the preceding sentence shall be in the general form of the current farm show rate schedule, attached here as Schedule B.[1]
[Amended 12-17-2019 by Ord. No. 7-2019]
[1]
Editor's Note: Schedule B is included in Appendix, Ch. 9,
of this Code.
(3)
The charges imposed for disposal of municipal waste in the City
shall be imposed upon the owners of all improved property within the
City, except for improved property used exclusively as an accessory
use, such as a garage, constructed within 60 feet of the property
line of the single-family residence for which it is an accessory use,
provided that the accessory use is not occupied, rented or used for
any commercial or residential purpose.
D.
Billing accounts. All billings for charges under this chapter shall
be prepared in the name of the owner of the premises for which the
collection charges are being made, and the charge is hereby imposed
upon such owner. The deed registry in the office of the City Engineer
shall be prima facie evidence of the owner of property in the City,
and the burden of proving that such registry is in error shall be
upon the person asserting the same. The charges provided herein shall
be paid in advance by the owner or occupant of the property involved.
The Director of Public Works shall cause an annual report to be issued
to Council summarizing the prior year's billing history and account
status.
E.
Vacant property exemption. The owner of vacant property shall be
exempt from the payment of disposal and collection fees for municipal
waste services. In order to be considered for a vacant property exemption,
the owner or owner's agent must annually complete an exemption
application certifying that the property is vacant. The Director DPW
or the Director's designee(s) shall be responsible for determining
whether an applicant's property is vacant for purposes of this
chapter.
A.
General provisions. Pursuant to 11 Pa.C.S.A. § 12409(e)(2)
of the Third Class City Code, delinquent payment of municipal waste
services rates and other charges shall be collected pursuant to the
Municipal Claims and Tax Liens Law, 53 P.S. § 7101 et seq.,
or by civil action.
B.
Liens. Rates imposed under this chapter shall be a lien on the properties
served from the date the charge first becomes due and payable. In
addition to all other rights of the City, if such charges are not
paid, the City may file such liens and collect same in the manner
provided by law for the filing and collection of municipal liens and
claims and may proceed to collect such charges by an action in assumpsit
in the name of the City against the owner of the property charged.
