[HISTORY: Adopted by the City Council of the City of Shamokin 6-13-1983 by Ord. No. 288 (Ch. 76A of the 1967 Code). Amendments noted where applicable.]
This chapter shall be known as the "Municipal Waste Management
Ordinance."
[Amended 3-12-1990; 6-11-2007]
The following words and phrases when used in this chapter shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this section:
Empty all-aluminum beverage and food containers.
A person desirous of being licensed as a collector.
Empty food or beverage containers consisting of steel and
aluminum.
A person licensed by the municipality to collect, transport
and dispose of municipal waste.
[Amended 7-14-2008 by Ord. No. 08-04]
Those properties used primarily for commercial or industrial
purposes, and those multiple-dwelling residential buildings containing
more than four dwelling units.
Church, school, civic, service group, municipal functions,
and all other such functions.
Structural paper material with an inner core shaped in rigid
parallel furrows and ridges.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of municipal waste into or on the land or water
in a manner that the municipal waste, or a constituent of municipal
waste, enters the environment, is emitted into the air, or is discharged
to the waters of the Commonwealth of Pennsylvania.
Any site, location, area, building, structure, transfer station,
or premises to be used for municipal waste disposal.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
[Added 7-14-2008 by Ord.
No. 08-04]
Empty steel or tin-coated steel food or beverage containers.
Refers to all putrescible animal and vegetable matter resulting
from the handling, preparation, cooking, and consumption of food.
Are all products made from silica or sand, soda ash, and
limestone, the product being transparent or translucent and being
used for packaging or bottling of various matter and all other material
commonly known as glass, excluding blue and flat glass, and glass
commonly known as window glass, automotive glass, and porcelain and
ceramic products.
All white paper, bond paper, and computer paper used in commercial,
institutional, and municipal establishments and in residences.
Any establishment engaged in service to persons including,
but not limited to, hospitals, nursing homes, orphanages, schools
and universities.
Includes, but is not limited to, automotive, truck, and industrial
batteries that contain lead.
Leaves from trees, bushes, and other plants, garden residue,
chipped shrubbery and tree trimmings, but not including grass clippings.
Printed matter containing miscellaneous written pieces published
at fixed or varying intervals. Expressly excluded are all other paper
products of any nature whatsoever.
Any properties having four or more dwelling units per structure.
Public facilities operated by Shamokin and other governmental
and quasi-governmental authorities.
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, and from community activities,
except from farm-produced manure, other agricultural waste and food
processing soil, the growth of crops, or the restoration of the land
for the same purposes, and any sludge not meeting the definition of
residual or hazardous wastes as defined in Pennsylvania Act 97.[1]
The City of Shamokin, Northumberland County, Pennsylvania.
The term used herein and deemed to include paper of the type
commonly referred to as "newsprint" and distributed at stated intervals,
usually daily or weekly, having printed thereon news and opinions
and containing advertisements and other matters of public interest.
Magazines and periodicals, as well as all other paper products of
any nature, are not considered newspaper.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in real estate in the City of Shamokin
or otherwise having control of the property, including the guardian
of an estate of such person and the executor or administrator of the
estate of such person.
[Added 7-14-2008 by Ord.
No. 08-04]
Any individual, owners, lessees and occupants of a residence,
commercial or institutional establishment, partnership, corporation,
association, institution, cooperative enterprise, municipal authority,
federal government or agency, state institution or agency, or any
other legal entity whatsoever which is recognized by the law as the
subject of rights and duties.
Empty plastic food and beverage containers. Due to the large
variety of types of plastic, the recycling regulations may stipulate
specific types of plastic which may be recycled.
Any technology used for the purpose of reducing the volume
or bulk or municipal waste or any technology used to convert part
or all of such waste materials for off-site reuse. Processing facilities
include, but are not limited to, transfer facilities, composting facilities,
and resource recovery facilities.
Those materials separated at the point of origin for the
purpose of being recycled, including those materials listed in Act
101[2] and by the municipality to be recycled.
Material having an economic value in the secondary materials
market. The following materials have such economic value: aluminum
cans and articles, bimetal cans, steel cans, glass container (clear,
green, and brown), corrugated paper (cardboard and paper bags), magazines,
computer printout paper, office paper, newspaper, paper not chemically
coated, leaf waste, and plastics.
[Added 7-14-2008 by Ord.
No. 08-04]
Garbage, rubbish, and trade waste.
Any occupied single-family or multifamily dwelling having
up to four dwelling units per structure for which the municipality
provides municipal waste collection service.
A person who collects, transports and disposes of their own
municipal waste on their own premises.
[Added 7-14-2008 by Ord.
No. 08-04]
The containment of any waste on a temporary basis in such
a manner as not to constitute disposal of such waste.
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
[Added 7-14-2008 by Ord.
No. 08-04]
The off-site removal of any municipal waste at any time after
generation.
An open space on the same lot with a structure.
[Added 7-14-2008 by Ord.
No. 08-04]
A.
It shall be unlawful for any person to store, dump, discard or deposit,
or permit the storage, dumping, discarding or depositing of, any municipal
waste upon the surface of the ground or underground within the jurisdictional
limits of this municipality, except in proper containers for purposes
of storage or collection, and except where the waste is of such size
or shape as not to permit its being placed in such containers.
B.
It shall be unlawful for any person to dump or deposit municipal
waste in any stream or body of water within the jurisdictional limits
of this municipality.
C.
Nothing contained herein shall be deemed to prohibit any person not
regularly engaged in the business of hauling municipal waste from
hauling such municipal waste on an irregular and unscheduled basis
to any facility permitted by the Commonwealth of Pennsylvania, Department
of Environmental Protection.
It shall be unlawful for any person other than such persons
as are duly authorized by the municipality to collect and transport
municipal waste of any nature within or from the municipality. Authorization
shall be given only as set forth below.
Authorization to collect, transport and dispose of municipal
waste for persons other than oneself may be given only by the municipality
through the issuance of a license. All applications for licensing
shall be reviewed by the municipality and shall be approved in accordance
with the following criteria:
A.
Municipal solid waste collection licenses may be issued to only those
persons who can provide satisfactory evidence that they are capable
of providing the necessary services and can comply with the provisions
and intent of this chapter. The municipality reserves the right to
disapprove any applications for license.
B.
Applicants for a municipal waste collection license must furnish
the following information:
(1)
The number of vehicles and the make, model, license plate number
and size of the vehicle to be used for collection and hauling.
(2)
The location, address, hours of business and telephone number of
the business office to receive calls from persons in the municipality
who receive collection service.
(3)
A certificate of the applicant's workmens' compensation insurance
as required by law.
(4)
A certificate of insurance coverage providing complete third-party
comprehensive, bodily injury and property damage liability insurance,
the limits of which shall not be less than $100,000/$300,000 for bodily
injury and $50,000 for property damage.
(5)
In addition to the above, the applicant for a municipal waste collection
license shall furnish all other information which the municipality
may request and deem necessary prior to the issuance of a license.
(6)
A licensing fee of $50 per vehicle used for collection and hauling
shall be paid to the City of Shamokin by the applicant for a municipal
waste collection license. This fee shall be paid annually.
[Added 8-13-1990]
C.
Licenses shall be issued on a calendar-year basis, but may be revoked
at any time by the municipality in accordance with the following:
(1)
Failure of the licensee to furnish and provide collection and disposal
of refuse in accordance with the terms of this chapter and the conditions
under which the license was issued.
(2)
Failure of licensee to furnish and provide collection and disposal
without creating a public, nuisance or a health and safety hazard.
(3)
A written notice to the licensee within 90 days prior to the date
that such license is to be revoked as a result of the municipality's
desire to have refuse collection and disposal performed under the
terms of a contract or other methods so determined by the municipality
for any reason deemed necessary and in the best interests of the municipality.
D.
Conditions relating to municipal waste collection licenses:
(1)
Annual fee. The annual fee to be paid for a solid waste license shall
be $25 for each vehicle used in the collection and hauling of municipal
waste. The license fee shall not be devisable or prorated. The fees
shall be submitted with the application for such license. Payment
shall be made by check only and made payable to the municipality.
The collection of the annual fee shall not be made until the municipality
provides for a designated disposal facility as part of the implementation
of its plan and program for said solid waste management.
[Amended 9-12-1983]
(2)
Number of vehicles. Persons receiving a municipal waste collection
license shall not use more vehicles for the collection and hauling
of municipal waste within the municipality than the number of vehicles
listed on the application and approved on the license issued. Any
change in the listed vehicles as reported in the application must
be reported to the municipality at least five days prior to the date
such increased number of vehicles is to be used and the appropriate
fee therefor paid to the municipality as provided for herein.
(3)
Signs.
(a)
Licensees shall have the license number permanently displayed
on the body of each vehicle in letters no less than two inches in
height, clearly legible and in the following manner: "Municipal Waste
Collection No. . . . . . . . ." The license number shall be so marked
on the vehicles within 10 days after such license is issued and the
vehicles are used in the municipality.
(b)
The licensee shall permanently display on the doors of each
side of the body of each vehicle the name of the firm and the telephone
number of the firm's office or headquarters. The size of such
lettering shall be no less than six inches in height and clearly legible.
Vehicles shall be so marked within 10 days after such licenses are
issued and the vehicles are used in the municipality.
(4)
The licensee shall be responsible to maintain each vehicle used to
perform work in the municipality in good operating condition to assure
that the schedule of collections can be maintained. The vehicles must
be kept clean and painted so as to present a favorable appearance.
The municipality shall have the right to inspect all vehicles prior
to the issuance of a license and during the period the license is
in effect.
(5)
Licensees shall be responsible for the manner in which their employees
perform work pertaining to collection, hauling and disposal of refuse
under the terms of this chapter.
(6)
The licensee shall be given notice, in writing, from the municipality
at least 90 days prior to the date that the licensees are to make
use of disposal facilities designated by the municipality other than
those used by the licensees at the time a license was issued.
(7)
The municipality shall inform the licensees of the location and other
information pertaining to the disposal facilities designated by the
municipality to be used by licensees for the disposal of refuse collected
within the municipality.
(8)
The licensee shall pay all costs to be charged for the use of the
disposal system and facilities.
(9)
The disposal system and facility designated by the municipality is
determined by the municipality to be in the best interest of the municipality.
(10)
Each licensee shall provide recycling services to every customer
in accordance with the regulations for the recycling program.
[Added 3-12-1990]
A.
The storage of all municipal waste shall be practiced so as to prevent
the attraction, breeding or harboring 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 nuisance.
B.
Any person accumulating or storing garbage on private or public property
in the municipality for any purpose whatsoever (including waste being
stored temporarily for door-to-door collection) shall place the same
or cause the same to be placed in sanitary closed or covered containers
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,
equipped with lids, waterproof and leakproof and, except in the case
of bulk containers, shall not exceed 20 gallons in capacity. Plastic
trash bags, if not punctured, may be used to store municipal waste.
(2)
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.
C.
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
or be placed in plastic bags before being placed in the waste storage
containers previously described, and all ashes shall be free of any
burning material before being deposited for collection. Placement
of plastic bags, if not punctured, is acceptable.[1]
(2)
No person, except the occupants of the property on which a waste
container is placed and an authorized collector, shall remove the
lids of the container and/or remove the contents thereof.
(3)
Municipal waste of a highly flammable or explosive nature or highly
infectious or contagious refuse shall not be stored for ordinary collection,
but shall be disposed of in accordance with the directions of the
municipality.
A.
All municipal waste produced, collected and transported from within
the jurisdictional limits of the municipality shall be disposed of
only at state-permitted disposal facilities from the effective date
of this chapter and until the municipality provides for a designated
disposal facility as part of the implementation of its plan and program
for solid waste management, at which time all licensees shall utilize
such designated facility for the disposal of municipal waste.
B.
It shall be unlawful for a licensed or authorized collector in the
municipality to dispose of municipal waste collected within the municipality
at a disposal facility other than those provided for in this ordinance.
C.
The disposal of bulky wastes, such as but not limited to refrigerators,
stoves, other appliances, pieces of furniture, auto parts and other
household goods and equipment, may be performed by annual collection
and in a manner to be designated by the municipality and advertised
in a newspaper of general circulation.
[Amended 3-12-1990]
All agreements for collection and marketing of recyclables shall
be in accordance with the regulations for the recycling program.
[Amended 3-12-1990; 6-11-2007]
A.
Establishment of program. There is hereby established a program for
the mandatory separation of recyclable materials from solid waste
by all persons.
B.
Separation of recyclables and placement for disposal by persons residing
in single-family dwellings or multifamily dwellings having four dwelling
units per structure:
(1)
Recyclable materials from residential dwellings shall be placed at
the curb or other designated place, separate from solid waste, for
collection or taken to drop-off sites at such times, dates, and places
as may be herein established by regulation and/or mandated by Pennsylvania
Act 101 of 1988.[1]
[1]
Editor's Note: See 53 P.S. § 4000.101 et seq.
(2)
Materials to be recycled are selected by the municipality in the
recycling program regulation and/or as mandated by Pennsylvania Act
101 of 1988 from the following: clear glass, colored glass, steel
and bimetallic cans, office paper, newsprint, corrugated paper, plastic.
C.
Separation of recyclables by commercial, municipal and institutional
establishments, and at community activities:
(1)
Commercial, municipal, and institutional establishments shall separate
and store, until collection, high-grade office paper, corrugated paper,
aluminum, and other materials designated by the municipal regulations.
These establishments must arrange for the transfer of the materials
to a recycling system. The establishments shall annually provide to
the municipality evidence of such arrangement and documentation of
the total number of tons recycled.
(2)
Recyclable materials designated by the municipality must be separated
until collection oat all community activities. Sponsoring organizations
must arrange for the transfer of the materials to the recycling system.
D.
Separation of recyclables by multifamily housing properties and placement
for disposal. The owner, landlord, or an agent of an owner or landlord
of multifamily housing properties of four or more units shall establish
a collection system for recyclables at each property. Materials to
be separated are selected by the municipality in the recycling program
regulations from the following: clear glass, colored glass, aluminum
cans, steel and bimetallic cans, paper newsprint, corrugated paper,
or plastic. The collection system must contain suitable containers
for collecting and sorting materials, easily accessible locations
for the containers, and written instructions to the occupants concerning
the use and availability of the collection system. Owners, landlords,
and agents of owners or landlords shall not be liable for noncompliance
of the occupants of their buildings.
E.
Lead acid batteries. No person may place a used lead acid battery
in mixed municipal solid waste, discard, or otherwise dispose of a
lead acid battery, except by delivery to an automotive battery retailer
or wholesaler, to a secondary lead smelter permitted by the Environmental
Protection Agency, or to a collection or recycling facility authorized
under the laws of the commonwealth.
F.
Separation and disposal of leaf waste. All persons who reside in
residential dwellings and all persons who are responsible for administration
of multifamily housing properties, commercial, municipal and institutional
establishments who gather leaves shall source-separate all leaf waste
from other waste and place it for collection at the times and in the
manner therefore or hereafter prescribed by the municipality. Nothing
herein shall require any person to gather leaves for compost, mulch,
or other agricultural, horticultural, silvicultural, gardening or
landscape purpose.
G.
Collection by unauthorized person(s). It shall be a violation of
this chapter for any person(s) unauthorized by the municipality to
collect or pick up or cause to be collected or picked up any such
recyclable material. Each such collection in violation hereof shall
constitute a separate and distinct offense punishable as hereinafter
provided.
H.
Alternative collection of recyclable materials. Any person may donate
or sell recyclable materials to individuals or organizations. These
materials must be delivered to the individuals or organizations site
(or they may be placed at the curb for collection by said individual
or organization on days not indicated as recyclable material collection
days by the municipality). Said individuals or organizations may not
collect recyclable materials on or immediately preceding (by 24 hours)
a regularly scheduled curbside collection day.
I.
Delivery of recyclable materials to landfills or incinerators. It
shall be a violation of this chapter for the authorized collector
of recyclable materials to deliver such materials to a landfill or
incinerator for the purpose of disposal unless the markets for such
materials no longer exist. The authorized collector will provide to
the municipality the weight receipts of the recyclable materials.
J.
Franchise or license. The municipality may enter in agreement(s)
with public or private agencies or firms to authorize them to collect
all or part of the recyclable material from curbside or from drop-off
collection points.
[Added 6-11-2007]
A.
Every multifamily housing property, commercial, municipal, institutional
establishment and community activity sponsor shall complete a form
to be designated "Recycling Report," to be provided to the municipality,
which shall indicate where the property's recyclable materials
were delivered. Such report shall set forth the name and address of
the owner, landlord or agent, the address of the property to which
the report pertains, name and address of the collector or hauler who
regularly services the property, information on the type and amount
of each material recycled (pertains to community activity sponsors),
along with such other information as may be required by resolution
of the City of Shamokin Council.
B.
The recycling report and all weigh slips obtained from the facility
or facilities to which the recyclable materials were delivered shall
be submitted annually to the municipality. For the purpose of submitting
such weigh slips and recycling report annually to the municipality,
the collector or hauler who removed the recyclable materials from
the property shall be the agent for any person occupying a multifamily
dwelling unit. Any landlord and any operator of a commercial, municipal
and institutional establishment or the sponsor of any community activity
shall be responsible for completing and submitting such report to
the municipality. Each annual recycling report shall be submitted
on or before the last day of the month of January for the preceding
year. The recycling report year shall run on a calendar-year basis,
thus: first day of January to the last day of December.
C.
Any person required by this section to complete and submit a recycling
report, along with weigh slips, and who fails to do so shall be guilty
of a violation of this chapter.
[Amended 6-11-2007]
Prosecution under this chapter shall be instituted by any City
official and shall be filed in the name of the City of Shamokin, Northumberland
County, Pennsylvania. Any person who violates any provision of this
chapter shall, upon conviction thereof, be sentenced to pay a fine
not less than $100 and not to exceed $1,000 and costs of prosecution
or, in the default of payment of such fine and costs, to undergo imprisonment
of not more than 30 days, provided each violation of any provision
of this chapter and each day the same is continued shall be deemed
a separate offense. In addition, the municipality shall have the right
to pursue injunctive relief to prevent violations of this chapter.
[Amended 6-11-2007]
In the event any of the provisions of this chapter are declared
unconstitutional, unlawful, or unenforceable by a court of competent
jurisdiction, such declaration shall not affect the validity of the
remainder of this chapter or of this chapter as a whole, but such
shall continue in full force and effect as though the unconstitutional,
unlawful, or unenforceable provision has never been a part hereof.
This chapter shall be subject to all applicable federal, state
and local laws, ordinances, rules and regulations as set forth by
the Department of Environmental Protection, Commonwealth of Pennsylvania.
This chapter or any part thereof may be amended, from time to
time, in accordance with the procedures established by law.
This chapter shall become effective on the 13th day of June
1983.
[Added 7-14-2008 by Ord.
No. 08-04]
A.
Prohibited. All exterior property and premises and the interior of
every structure shall be free from any accumulation of municipal waste.
The owner of any premises shall provide at all times approved
leakproof containers with close-fitting covers for the storage of
municipal waste when being stored on exterior property until such
time as the municipal waste is removed from the premises for disposal.
A.
Every owner in the City of Shamokin shall contract with an individual,
entity or firm which is a licensed hauler by the Commonwealth of Pennsylvania
to have all the municipal waste generated on the premises by any of
the occupants of the premises removed and deposited in a permitted
landfill on a weekly basis or more often.
B.
Self-hauler. All individuals wishing to self-haul or transport their
municipal waste on the premises of said individual shall be removed
and deposited in a permitted landfill on a weekly basis or more often.
A.
Whenever requested by the City of Shamokin, the owner of any real
estate within the City of Shamokin shall present proof adequate in
the judgment of the City of Shamokin designee that the owner of said
real estate has a current contract with a licensed collector/hauler
to dispose of municipal waste generated on the premises on a weekly
basis or more often. The owner of the premises shall have 72 hours
to provide proof to the City of Shamokin designee that he/she has
a current contract with a licensed collector/hauler to provide sufficient
service to satisfy the terms and conditions of this article.
B.
All self-haulers shall present proof of municipal waste disposal,
in the form of weigh slips or receipts indicating the times and dates
in which municipal waste generated on the premises has been disposed
from the premises on a weekly basis or more often at a permitted landfill,
adequate in the judgment of the City of Shamokin designee to satisfy
the terms and conditions of this article.
Any collector/hauler picking up municipal waste in the City
of Shamokin shall be required to advise the City of Shamokin, in writing,
within 72 hours after request from the City of Shamokin as to whether
an owner has a current contract for municipal waste disposal from
his/her premises within the City of Shamokin. Furthermore, all licensed
collectors/haulers shall cooperate with the City of Shamokin designee
in providing information in the event that an action is instituted
to enforce the terms and conditions of this article.
Any person who shall violate the terms and conditions of Article II shall, upon conviction thereof, be subject to a fine of not more than $300 and/or imprisonment for a term not to exceed 90 days, or both. Each day that the violation continues after notice of the violation has been served shall be deemed to be a separate offense.
